Newbie here. But I know enough to know you are responsible for every round you discharge. Under what circumstances would you want to fire off a warning shot? (And give the bad guy an opportunity to return fire, no thank you) At what are you going to fire off a warning shot? And at what point does some Ahole attorney sue you and cost you a fortune just because you "shoulda, coulda fired a warning shot" instead of a clean shooting, in self defense? IDK. I see trouble in this one. But we'll see how it gets applied.
Have you
read the bill? If so, please point out where "warning shots" are even mentioned. Best of luck with that.
If you haven't read the bill and don't understand that the media has seized upon a false narrative (gee, that never happens, does it!) in order to sell newspapers and advertising, then you apparently don't know that you've been lied to. You have been lied to. Even the case that proponents cite as a rationale for passing the bill promulgates a false narrative. That would be the Marissa Alexander case, where she actually left the house in which her husband was abusing her and returned with a gun, firing three shots towards him, but missing all three. Her defense claimed that those were three "warning shots" and the false narrative was born. Alexander was
convicted however, on FL's ban on "threat of deadly force" statute, which may well include the employment of warning shots in some unforeseeable, exceedingly rare set of circumstances, but which are not consistent with the facts of the Alexander case. She actually tried to shoot her husband, simply missed, and apparently thought claiming three shots as being a warning would get her off. Well, it didn't. She got a 20 year mandatory minimum sentence under the threat of force statute, and Angela Corey is trying to have that modified to 60 years, one 20 year mandatory minimum for each round fired.
Now, the reason I say the Alexander case gave birth to a false narrative is because her case does engender legitimate sympathy for an abused woman who reached the end of her rope and took actions to stop any further abuse from occurring......but her actions missed. The very first provision of the new bill says this:
Be It Enacted by the Legislature of the State of Florida:
Section 1. (1) The Legislature finds that persons have been criminally prosecuted and have been sentenced to mandatory minimum terms of imprisonment pursuant to s. 775.087, Florida Statutes, for threatening to use force in a manner and under circumstances that would have been justifiable under chapter 776, Florida Statutes, had force actually been used.
Ms. Alexander's case doesn't fit the purpose of the bill because under no theory of self defense law can a person escape the abuse, leave the location where the abuse was taking place, return with a weapon and just open fire. It is the mandatory minimums that proponents seek to repeal, because it hardly seems right that Alexander should get 20
or 60 years having not even injured her intended target, but her claim of having fired warning shots never had any credibility to begin with.
The new bill was written mostly to repeal the mandatory minimums, and to decriminalize the display of a weapon (brandishing) without actually using it, because displaying it was enough to stop the impending attack. If "warning shots" fall within that meme, so be it, but it is hardly a "warning shots bill" and the Alexander case hardly falls within the purview of legality even if in some rare cases, a warning shot case may be determined to be justified under the new law. Such a determination will remain exceedingly rare, if it ever happens at all, because very few people will ever think to fire a warning shot, at least not experienced and decently-trained gun-handlers/carriers. On the other hand, if circumstances are such that a warning shot stopped a deadly threat and no one was injured in such an incident, should the person who fired the warning shot be sentenced to 20 years on a mandatory minimum sentence? That is the conundrum that your legislators are attempting to address. Absolutely nothing in the bill is specifically about warning shots.
Blues