Texas-Book-Gun Law Armed And Educated - Flipbook - Page 151
warning shots. Every gun owner should be aware that one likely
argument a prosecutor may put forth against a defendant at trial is
that the simple discharge of a firearm is an action that is capable
of causing death or serious bodily injury. Such an argument, if
successful, will shift the analysis of warning shots into the use of
deadly force arena, whether a person intended that action or not.
Why is it important whether the law classifies a warning shot as a
use of force or a use of deadly force, even if no one is injured? Let’s
take a look at an example.
EXAMPLE:
Wanda hears some laughter coming from the back of her property
during broad daylight and sees two trespassers on her property. Not
knowing what the trespassers are doing, Wanda grabs her shotgun
to investigate. Wanda confronts the trespassers, who are picking
berries in her woods, and demand that they leave the property, but
the trespassers ignore Wanda. Both scared and agitated, Wanda
fires a warning shot to get their attention and compliance.
Does Wanda’s firing of her shotgun fit the definition of the use of
deadly force? Likely, yes. Wanda may be guilty of a crime and not
have a justification available as a defense because she used a higher
degree of force than the law allows against both trespassing and
theft during the daytime.
2. Warning shots: “But, I never meant to hurt anyone!”
Going back to the above example, assume Wanda will say she
fired the warning shot, but that she never aimed at or even meant
to hit anyone. In fact, assume Wanda will say she only shot into
the air to get the trespassers to leave. How will the law view
Wanda’s warning shot?
140 | CHAPTER SEVEN
