Greetings. I have a few questions and have not been able to find much of an answer. Here in washington state are warning shots authorized on your own private property and obiviously not aimed at whomever you are warning to get off of your property. Also is there an RCW for this? Just wondering more specifically Mason County. Thanks.
The short answer is No, they are not "authorized" as warning shots.
If you are justified in using it, then use it, otherwise it is still considered assault with a deadly weapon, or you will at the least get hit with illegal discharge type laws. The exceptions that allow you to fire in self-defense only apply if deadly force is authorized, not just to scare people.
At least that is how I remember interpreting the RCWs. I don't recall any specific provisions for warning shots. I don't remember reading that a warning shot is illegal either, just not authorized for that purpose. I do seem to remember a news story a few months after Biden said to do that, and the guy got prosecuted for a warning shot. Here are a few articles I found about Shotgun Joe's advice:
Long version, it probably depends on your responding officers and the prosecutor.
Wash. state man says shooting followed VP Biden's advice | Local & Regional | Seattle News, Weather, Sports, Breaking News | KOMO News
BIDEN SCORES AGAIN! Washington Homeowner Arrested After Firing Warning Blast With Shotgun - Bearing Arms
Man Takes Biden
New developments in 'Joe Biden defense' case : PatriotUpdate.com #patriotupdate @patriotupdate!
In at least the last case, the prosecutor chose to drop the weapons charge and just go with obstructing an officer. All of the articles are light on details.
If you are justified in using it, then use it, otherwise it is still considered assault with a deadly weapon, or you will at the least get hit with illegal discharge type laws. The exceptions that allow you to fire in self-defense only apply if deadly force is authorized, not just to scare people.
At least that is how I remember interpreting the RCWs. I don't recall any specific provisions for warning shots. I don't remember reading that a warning shot is illegal either, just not authorized for that purpose. I do seem to remember a news story a few months after Biden said to do that, and the guy got prosecuted for a warning shot. Here are a few articles I found about Shotgun Joe's advice:
Long version, it probably depends on your responding officers and the prosecutor.
Wash. state man says shooting followed VP Biden's advice | Local & Regional | Seattle News, Weather, Sports, Breaking News | KOMO News
BIDEN SCORES AGAIN! Washington Homeowner Arrested After Firing Warning Blast With Shotgun - Bearing Arms
Man Takes Biden
New developments in 'Joe Biden defense' case : PatriotUpdate.com #patriotupdate @patriotupdate!
In at least the last case, the prosecutor chose to drop the weapons charge and just go with obstructing an officer. All of the articles are light on details.
^This.
Why would you consider warning shots? Maintain distance and use verbal warnings that if not heeded, result in direct engagement without warning shots IMHO.
