BOISE, Idaho (KBOI) — Just this week there have been two incidents in the Treasure Valley where a gun was fired, but no one was hit. In Nampa, a homeowner fired into the floor to scare off a couple of intruders.
That man was not charged.
But is it actually legal to fire off warning shots?
A firearms instructor and a firearms legal expert both say when it comes to the law, warning shots really aren't protected at all.
According to David Streb, Level 1 Firearms Training owner, shooting a round as a warning doesn't make any sense; the gun itself should be enough of a warning.
"If they see this and they don't stop, no warning shot in the world is going to stop them," Streb told KBOI 2News.
Even discharging your gun for a warning shot is a deadly force, so instructors say you shouldn't do it until the threat is imminent.
Alex Kincaid, a lawyer who specializes in firearms cases, says even when the threat is imminent and you are scared for your life, a warning shot still isn't a smart move.
"If you feel and you believe that your life is in danger or you're in danger of serious bodily harm, you should be pointing that gun at the person who is about to kill you."
The potential risks of firing off a warning shot go far beyond being arrested for discharging a firearm in city limits. When you aren't aiming a particular person, that bullet can go anywhere and hit anyone.
"At the extreme end you're looking at a prosecution for manslaughter. You can be charged with a very severe felony for firing a warning shot."
Streb says if you have the option, retreating and calling the cops is a better option than firing off a warning shot.
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