User Panel
Posted: 5/11/2024 8:47:04 AM EDT
https://www.wkbn.com/news/ohio/ohio-high-court-rules-on-firing-a-warning-shot/
In the Ohio Supreme Court decision. Justice Melody Steward wrote that Ohio’s self-defense law doesn’t require an “intent to harm or kill another” but just the “intent to repel or escape force.” She said firing toward the other man in an attempt to stop him is sufficient. View Quote If you want to nerd out on the court ruling: https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2024/2024-Ohio-776.pdf https://www.courtnewsohio.gov/cases/2024/SCO/0307/221482.asp A Clark County man was entitled to argue self-defense when he intentionally shot toward a person, and was not required to show he intended to kill or harm the man who threatened him, the Supreme Court of Ohio ruled today. A divided Supreme Court vacated the felonious assault conviction of Tyler Wilson for his altercation at a Springfield gas station in 2021. At trial, Wilson was acquitted of attempted murder but convicted of felonious assault after he fired a shot at Billy Reffett. The shot struck the window frame of Reffett’s truck, near his head. The trial judge refused to instruct the jury to consider Wilson’s argument that he acted in self-defense. The judge ruled Wilson was not claiming self-defense because Wilson testified that he did not aim the gun at Reffett and had no intention of harming him but was just trying to get Reffett to “back off.” In the Court’s lead opinion, Justice Melody Stewart stated that the Ohio self-defense law does not require an intent to harm or kill another, just the “intent to repel or escape force.” Shooting toward another with the intent to stop an aggressor is sufficient to justify a self-defense jury instruction, she concluded. The Supreme Court remanded the case to the Clark County Common Pleas Court to vacate Wilson’s sentence and conduct further proceedings. Justices Michael P. Donnelly and Jennifer Brunner joined Justice Stewart’s opinion. Justice Patrick F. Fischer concurred in judgment only without a written opinion. In a dissenting opinion, Justice Joseph T. Deters wrote that Wilson’s version of what had happened did not warrant a self-defense instruction. Because Wilson insisted that he was not aiming the gun at Reffett or trying to shoot him, Wilson was arguing that he had not committed felonious assault. Arguing he was not guilty of felonious assault is different than claiming he acted in self-defense, which would require Wilson to admit he attempted to harm Reffett but was justified in doing so, Justice Deters explained. Chief Justice Sharon L. Kennedy and Justice R. Patrick DeWine joined Justice Deters’ opinion. View Quote more at the link |
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[#1]
Interesting.....
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1Andy2: it's just a question of if we decide to stop throwing coal in the furnace and lean on the brakes or if we're going to blow the boiler up getting to Full Retard'sville.
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[#2]
Warning shots are dumb. Not saying it should be a crime if no one's hurt but it's still stupid.
If it's time to shoot people then shoot them, don't just waste ammo. Throwing around random rounds carries with it a huge liability. |
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“I was always willing to be reasonable until I had to be unreasonable. Sometimes reasonable men must do unreasonable things.”
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Part time instructor, full time student
AL, USA
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[#3]
The bullet never misses.
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Spending myself in a worthy course.
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[#4]
You're absolutely still accountable for every bullet fired. It'll be very situation specific that lets you be successful with this argument.
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[Last Edit: Pair_of_ACES]
[#5]
Let me preface by saying I don’t think a warning shot is generally a good idea.
But, there are certain people who aren’t nearly as prepared or confident in defending themselves with lethal force who may turn to a ‘warning shot’ as a reasonable means of escalation on the defense continuum, with noble intentions, and I don’t think that they should be penalized for it. For example there are multiple men on this site who have had to use lethal force in real world situations - let’s say a weaker individual with less resolve, or less confidence in their ability to use lethal force had been in that situation and fired a warning shot into the dirt. If said shot stopped the bad guy/threat why on earth would anyone argue that the shooter should be somehow punished? Maybe I’m wrong but I tend to side with, and give a lot of grace to, anyone who is legitimately defending themselves. |
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[#6]
If you intend to shoot someone, but miss, is that then a warning shot?
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[#7]
When you have to shoot, shoot; don't talk |
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[#8]
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[#9]
If he was justified in shooting the person a near miss should get a pass.
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American by birth. Southern by the grace of God.
Any opinions expressed are my own and do not reflect upon any agency or organization with which I may be employed or affiliated. |
[#10]
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[#11]
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[#12]
Reasonable.
Not everyone is willing to prevent attacks with lethal force and saying that using a firearm by sending a warning shot to prevent escalation is not protected but shooting a mother fucker DRT, is? That sounds as dumb as it did the first time I heard it. |
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WTF is up with this bullshit anti-bayo lug crap. Was there a group of irrate japanese guys bonzai charging disabled school children and puppies that I wasn't aware of?
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[#13]
Originally Posted By CenterMass762: Agreed. I think this is a good ruling. View Quote View All Quotes View All Quotes Originally Posted By CenterMass762: Originally Posted By Bama-Shooter: If he was justified in shooting the person a near miss should get a pass. Agreed. I think this is a good ruling. Yep Jay |
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Whites tend not to riot. They mostly have three speeds:
Uninvolved, Peaceful but passionate protesting, or Genocide |
[#14]
Originally Posted By Pair_of_ACES: Let me preface by saying I don’t think a warning shot is generally a good idea. But, there are certain people who aren’t nearly as prepared or confident in defending themselves with lethal force who may turn to a ‘warning shot’ as a reasonable means of escalation on the defense continuum, with noble intentions, and I don’t think that they should be penalized for it. For example there are multiple men on this site who have had to use lethal force in real world situations - let’s say a weaker individual with less resolve, or less confidence in their ability to use lethal force had been in that situation and fired a warning shot into the dirt. If said shot stopped the bad guy/threat why on earth would anyone argue that the shooter should be somehow punished? Maybe I’m wrong but I tend to side with, and give a lot of grace to, anyone who is legitimately defending themselves. View Quote All of this. Let's add to it the ones who've had to take a life and can't live with it. Would it not be fair to let them use a warning shot? And yes, you're responsible for every bullet you free. |
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[Last Edit: buck19delta]
[#15]
Imho, there are levels of escalation beyond zero and shot dead, because in our society, you can very easily be totally justified in shooting a very bad armed man DRT, who admits he’s there to rape / murder you, but still lose everything in your life, home, car, retirement , job, saving, friends, family, wife, and serve life in prison simply if your on the wrong side of race, current politics, if you get the wrong prosecutor and a sympathetic jury who liked the dead guy more than you. If you can avoid killing someone, generally that’s a huge plus on every angle of this scenario because you won’t have legal protections and government money and lawyers backing you like a soldier killing a enemy soldier, cop shooting a armed felon, nuke security guard shooting a armed trespasser, etc, which is something you had best consider carefully before going weapons free in various situations. Because even if you’re 100% right in the situation, you can still lose everything.
Scenerio begins. Verbal orders…. ……………………..FUCK OFF ! GET AWAY ! We called the cops ! Brandishing / showing your armed….im armed and will shoot you ! Warning shots Wounding Shot dead. Obviously every encounters different, every bad guy, every bad guys intent, and location of incident. Middle of New York City at a thanksgiving parade far different than only the two of you in the middle of Everglades national park on an isolated hammock. Many encounters you will be forced to immediately draw and shoot to kill and be lucky if you survive, others the confrontation drags out for hours because the bad guy isn’t actually attacking, just menacing you, making threats, etc , your inside and them outside, across a river, in a closet together, and everything in between. Iv personally avoided three dangerous scenarios simply by showing I was armed, hostile aggressive behavior by others instantly turned into, nope, nope, nope, “ we’re good man, sorry, peace out ! “ some for sure could probably have legally gotten away with shooting them, due to the situation, had things gone ok in court, which isn’t ever guaranteed, but luckily never had to find out. |
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Voting to fix our societies problems, is just as effective as donating to the NRA to expand gun rights.
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[#16]
It’ll be great when that warning shot strays and hits some innocent person and kills them.
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[#17]
Originally Posted By delemorte: Warning shots are dumb. Not saying it should be a crime if no one's hurt but it's still stupid. If it's time to shoot people then shoot them, don't just waste ammo. Throwing around random rounds carries with it a huge liability. View Quote Agreed, But so does killing/seriously injuring someone. In a perfect world the defender would be shielded from having their lives ruined from civil and malicious criminal prosecution if they actually used their gun in self defense. Alas, if one can accomplish the same goal by a warning shot (in an intelligent direction) then all the good. |
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[#18]
Good ruling.
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[#19]
If I have to bring a gun into a conversation, there won't be any warning shots. It's not coming out unless I need to use it.
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[#20]
Originally Posted By Pair_of_ACES: Let me preface by saying I don’t think a warning shot is generally a good idea. But, there are certain people who aren’t nearly as prepared or confident in defending themselves with lethal force who may turn to a ‘warning shot’ as a reasonable means of escalation on the defense continuum, with noble intentions, and I don’t think that they should be penalized for it. For example there are multiple men on this site who have had to use lethal force in real world situations - let’s say a weaker individual with less resolve, or less confidence in their ability to use lethal force had been in that situation and fired a warning shot into the dirt. If said shot stopped the bad guy/threat why on earth would anyone argue that the shooter should be somehow punished? Maybe I’m wrong but I tend to side with, and give a lot of grace to, anyone who is legitimately defending themselves. View Quote Well said. |
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"I hate all of you, except Saint Peter, of course, who I did not expect to have an arfcom account." -- Aimless 7/14/15
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[Last Edit: SS65]
[#21]
Originally Posted By Pair_of_ACES: Let me preface by saying I don't think a warning shot is generally a good idea. But, there are certain people who aren't nearly as prepared or confident in defending themselves with lethal force who may turn to a 'warning shot' as a reasonable means of escalation on the defense continuum, with noble intentions, and I don't think that they should be penalized for it. For example there are multiple men on this site who have had to use lethal force in real world situations - let's say a weaker individual with less resolve, or less confidence in their ability to use lethal force had been in that situation and fired a warning shot into the dirt. If said shot stopped the bad guy/threat why on earth would anyone argue that the shooter should be somehow punished? Maybe I'm wrong but I tend to side with, and give a lot of grace to, anyone who is legitimately defending themselves. View Quote ETA: Above is assuming scenario allows the luxury of a warning shot and any subsequent shots, if needed, are on target. |
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Defeatism only leads to defeat.
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[#22]
Cool, wonder if people will run with this?
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[Last Edit: spmx7777]
[#23]
Could this hypothetical happen? Suppose you do shoot and kill someone in legitimate self-defense, then you get sued by surviving family for failing to use a warning shot first "because that would've been enough", you didn't need to kill him, blah blah blah. I wouldn't be surprised if some ambulance chasing attorney looking for a big payout makes this argument.
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[#24]
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connoisseur of fine Soviet and European armored vehicles
https://t.me/arfcom_ukebros Let's go Brandon CINCAFUGD |
[#25]
Originally Posted By delemorte: Warning shots are dumb. Not saying it should be a crime if no one's hurt but it's still stupid. If it's time to shoot people then shoot them, don't just waste ammo. Throwing around random rounds carries with it a huge liability. View Quote I’ve fired a lot of warning shots in my life, what’s so dumb about them? |
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[#26]
Originally Posted By Pair_of_ACES: Let me preface by saying I don’t think a warning shot is generally a good idea. But, there are certain people who aren’t nearly as prepared or confident in defending themselves with lethal force who may turn to a ‘warning shot’ as a reasonable means of escalation on the defense continuum, with noble intentions, and I don’t think that they should be penalized for it. For example there are multiple men on this site who have had to use lethal force in real world situations - let’s say a weaker individual with less resolve, or less confidence in their ability to use lethal force had been in that situation and fired a warning shot into the dirt. If said shot stopped the bad guy/threat why on earth would anyone argue that the shooter should be somehow punished? Maybe I’m wrong but I tend to side with, and give a lot of grace to, anyone who is legitimately defending themselves. View Quote I agree. I don't generally think it's good tactics, but if shooting is justified that a warning shot shouldn't be penalized. |
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[#27]
Originally Posted By Gspointer: I’ve fired a lot of warning shots in my life, what’s so dumb about them? View Quote View All Quotes View All Quotes Originally Posted By Gspointer: Originally Posted By delemorte: Warning shots are dumb. Not saying it should be a crime if no one's hurt but it's still stupid. If it's time to shoot people then shoot them, don't just waste ammo. Throwing around random rounds carries with it a huge liability. I’ve fired a lot of warning shots in my life, what’s so dumb about them? You have a fired lots of warning shots? Are you referring to using them against animals or people? |
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[#28]
A bullet hitting your sternum at 1,000fps is a pretty good warning that your actions aren't appreciated.
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Everything posted above is factual. Maybe.
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[#29]
Originally Posted By spmx7777: Could this hypothetical happen? Suppose you do shoot and kill someone in legitimate self-defense, then you get sued by surviving family for failing to use a warning shot first "because that would've been enough", you didn't need to kill him, blah blah blah. I wouldn't be surprised if some ambulance chasing attorney looking for a big payout makes this argument. View Quote It's really no different than the tards who see a body cam video and say "they could have just shot him in the leg!" because they watch too much TV. |
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Everything posted above is factual. Maybe.
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[#30]
Originally Posted By Jackslack: Agreed, But so does killing/seriously injuring someone. In a perfect world the defender would be shielded from having their lives ruined from civil and malicious criminal prosecution if they actually used their gun in self defense. Alas, if one can accomplish the same goal by a warning shot (in an intelligent direction) then all the good. View Quote View All Quotes View All Quotes Originally Posted By Jackslack: Originally Posted By delemorte: Warning shots are dumb. Not saying it should be a crime if no one's hurt but it's still stupid. If it's time to shoot people then shoot them, don't just waste ammo. Throwing around random rounds carries with it a huge liability. Agreed, But so does killing/seriously injuring someone. In a perfect world the defender would be shielded from having their lives ruined from civil and malicious criminal prosecution if they actually used their gun in self defense. Alas, if one can accomplish the same goal by a warning shot (in an intelligent direction) then all the good. This case exemplifies this since they were originally charged with attempted murder despite just firing a warning shot. |
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[#31]
Originally Posted By wyomingnick: You have a fired lots of warning shots? Are you referring to using them against animals or people? View Quote View All Quotes View All Quotes Originally Posted By wyomingnick: Originally Posted By Gspointer: Originally Posted By delemorte: Warning shots are dumb. Not saying it should be a crime if no one's hurt but it's still stupid. If it's time to shoot people then shoot them, don't just waste ammo. Throwing around random rounds carries with it a huge liability. I’ve fired a lot of warning shots in my life, what’s so dumb about them? You have a fired lots of warning shots? Are you referring to using them against animals or people? Mostly geese, quail (shouldn’t be distracted by the “easier” shot that pops up in the periphery as you are starting to fire) an occasional crossing shot on a pheasant, and most infuriating, a pheasant that was coming straight at me at high speed. Shot both barrels at him, the last I knew I was behind him, my back was arched, knees bent and shooting as far behind me as I could contort my body to be. After the miss I turned around and watched as a really easy going away shot on a rooster flew away. |
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[#32]
Originally Posted By Gspointer: Mostly geese, quail (shouldn't be distracted by the "easier" shot that pops up in the periphery as you are starting to fire) an occasional crossing shot on a pheasant, and most infuriating, a pheasant that was coming straight at me at high speed. Shot both barrels at him, the last I knew I was behind him, my back was arched, knees bent and shooting as far behind me as I could contort my body to be. After the miss I turned around and watched as a really easy going away shot on a rooster flew away. View Quote View All Quotes View All Quotes Originally Posted By Gspointer: Originally Posted By wyomingnick: Originally Posted By Gspointer: Originally Posted By delemorte: Warning shots are dumb. Not saying it should be a crime if no one's hurt but it's still stupid. If it's time to shoot people then shoot them, don't just waste ammo. Throwing around random rounds carries with it a huge liability. I've fired a lot of warning shots in my life, what's so dumb about them? You have a fired lots of warning shots? Are you referring to using them against animals or people? Mostly geese, quail (shouldn't be distracted by the "easier" shot that pops up in the periphery as you are starting to fire) an occasional crossing shot on a pheasant, and most infuriating, a pheasant that was coming straight at me at high speed. Shot both barrels at him, the last I knew I was behind him, my back was arched, knees bent and shooting as far behind me as I could contort my body to be. After the miss I turned around and watched as a really easy going away shot on a rooster flew away. LOL! I have a cousin who has fired a shitload of warning shots at deer and doves. |
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Everything posted above is factual. Maybe.
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[#33]
Warning shots are a retards gamble
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[#34]
Originally Posted By TheAvatar9265ft: Warning shots are a retards gamble View Quote Guys like us know better, sure, but the average person who might own a gun and finds themselves in a self defense situation might fire a warning shot first, for all the reasons I listed above. Is it a good idea? Probably not, but I’d never penalize someone who did that in a legitimate situation |
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[#35]
A warning shot is called a miss~
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[#36]
The idea that a warning shot is somehow less legal and reasonable or more dangerous than actually shooting someone is completely asinine.
It may not be the best tactical move in all situations, but it's idiotic to say that they aren't reasonable self-defense actions. |
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[#37]
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Live your life as you would wish to have lived, when you come to die. Confucius
When words lose their meaning, a people can move neither hand nor foot. Confucius |
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