Hi Blues,
I understand your point. And I admit to have not read the actual text of the law. It's not that big a deal to me just a topic of discussion I am interested in. However the quote from the article I reference says... 'threaten the use of deadly force, even to the point of firing shots that do not hit anyone...' I read that as a 'Warning Shot." Threatening the use of deadly force with a warning shot. A miss is a different matter altogether. If you miss your target and no one gets hurt you are lucky and, (in my opinion) still within your rights of self defense.
The only point I'm making is that we're in an uphill battle with the anti-gunners already. I hope most of us will shoot wisely but I'm just looking ahead to the day (god forbid) an innocent gets killed by a warning shot because some one shot into the air or off to the side without knowing where that bullet could end up. The media will have a field day.
We do need to fight stupid laws and the misaplication of laws by our government. Hell, I live in Calif. We have a plethora of inane laws and politicians. (I'm moving as soon as I can retire.)
Ahh....well, I don't think I was alone in taking for granted that you were from FL and that's why you opened a discussion about that state's laws. I happen to be from CA myself. Left 22 years ago long before the tyranny you're currently living under got as bad as it is, but it was bad enough for us even then.
Now I live in North Alabama, hopefully to be S. Bama within the next few(est as possible) months, probably right on the FL state line. It's kind of a "local" story for us (with all due deference to apbvguy, S&W645 and others), but regardless, the media has misrepresented the bill with wild abandon considering that the words "warning shot" don't appear anywhere within it. Did you read the article that a former N R A President wrote
that I linked for you? She encapsulated the need for the bill by saying in the second paragraph:
Warning shots are not safe. Nonetheless, when people are in fear for their lives or the lives of loved ones, they might fire a warning shot rather than shoot someone. People make mistakes and do irrational things when in fear of death or injury. That doesn't mean they should go to prison for 20 years when there was no injury or harm done.
Now, she mistakenly said "20 years" where, if no one was injured by the discharge, the mandatory minimum would've been "only" 10 years, but the point is the same. It was a prior restraint, one-size-fits-all statute that simply
can't fit all sets of circumstances, yet, regardless of the actual circumstances of the discharge, people were being sentenced to 10 or 20 years, or Life if the discharge was prosecuted as a "threat of force" against a cop.
The fact is, every single bullet that leaves the muzzle of every single weapon (except, of course, on a dedicated shooting range) has its own individual set of circumstances that require legal scrutiny. I personally can't envision a scenario where I would fire a warning shot, but as creative and imaginative as I consider myself to be, I know also that I can't envision every possible scenario that might arise, and I damn sure don't want (or need) my state government trying to restrain me from deciding on the spot what the best tactic for me to end an advancing threat is. Add to a state's inability to foresee every possible scenario any better than I can, that it might put me in prison for 10 or 20 years for disagreeing with their prior restrained tactical decisions, and it equals government intrusion WAY beyond what is reasonable.
Blues