Are Warning Shots Worth It? Legal Consequences After Firing Your Gun
By. Attorney Rachel A. Moss
November 25, 2025
A deadly threat is coming at you. Your mind is racing, running through the options. You can shoot your attacker, but you do not feel ready to take a life. Instead, you fire a warning shot, hoping to defuse the situation. It works. You have stopped the threat, no one is hurt, and you are safe. Until the police arrive and arrest you. Now, you wonder whether firing a warning shot was the right choice.
What Is a Warning Shot?
A warning shot is a round fired with the intent of signaling to a would-be attacker that the defender is armed and willing to use deadly force to protect life and limb.
Unfortunately, armed citizens often lack meaningful guidance from their states’ legislatures and courts regarding whether warning shots are lawful. Let’s look at some of the most common legal consequences armed citizens face after firing warning shots:
- Criminal Charges.
- No Self-Defense Jury Instruction.
- Civil Liability.
These possibilities will help you better understand what could come after a warning shot.
Criminal Charges
So, you have fired a warning shot. You did everything right and defused the situation, but something goes wrong. Maybe the attacker accuses you of being the aggressor, or maybe surveillance footage captures a bad angle of the incident.
The reality is that firing a warning shot creates a risk of criminal charges. But did you know your mental state matters? For example, you may be charged with Unlawful Discharge if an officer believes you fired negligently or recklessly. Reference this chart for a simplified breakdown of the different mental states one can have in a criminal case:
| Intentionally | Person’s objective is to cause the resulting criminal conduct |
| Knowingly | Person is aware their conduct is of the nature of the charged crime |
| Recklessly | Person is aware of and consciously disregards a substantial, unjustifiable risk |
| Criminally Negligent |
Person fails to perceive a substantial, justifiable risk the result will occur |
States’ definitions for what exactly constitutes an unlawful discharge vary. For example, Arizona’s unlawful discharge law states a person who, with criminal negligence, discharges a firearm within city limits, is guilty of a felony. In contrast, Illinois’s statute requires the perpetrator to have fired a shot in a reckless manner to be found guilty.
You could also be charged with Aggravated Assault if an officer finds you acted intentionally, knowingly, or recklessly. In Arizona, you can be charged with Aggravated Assault even if you did not intend to injure the other party. If you intentionally place someone in fear of imminent physical injury, you can be charged.
Even if an officer does not believe you intended to harm someone or ignored the risk of harming someone, you may still be at risk of being charged with a property crime. Many states have Criminal Damage crimes, where you can be charged with a misdemeanor or felony for recklessly damaging the property of another person. In some circumstances, an officer might find firing a warning shot was legally justified but also find you disregarded the risk of harm to nearby property.
Unlawful Discharge, Aggravated Assault, and Criminal Damage crimes can carry heavy penalties including prison time, fines, and loss of firearm rights. Do not wait to be charged with a crime to start thinking about how to handle the aftermath of a self-defense situation.
No Self-Defense Jury Instruction
Now you’re charged with a crime. You’re not worried because the evidence will show you acted in self-defense. However, you are shocked when the judge denies your self-defense jury instruction at trial. What just happened?
During any jury trial, a judge gets to select what instructions are given to the jury to help them make their decision. A self-defense jury instruction might look like this:
If you are charged with a crime for firing a warning shot, you will need the judge to give the jury a self-defense instruction at trial so the jury may find you not guilty. This instruction is not guaranteed. In North Carolina, a person who fires a warning shot in response to deadly physical force is not entitled to a self-defense jury instruction. North Carolina courts have found someone must shoot to kill or injure their aggressor to be entitled to the instruction.
Other state courts, like the Ohio Supreme Court, have found self-defense jury instructions may be given in warning shot cases. Before you fire a warning shot, remember: where you are matters.
Civil Liability
You have won your criminal trial. Is the nightmare over? Maybe not. Whenever you fire a gun, you’re responsible for where the bullet goes. When you fire a warning shot, you may accidentally strike an innocent third party or property. The injured party may file a civil lawsuit against you to recover damages caused by the warning shot. Plaintiffs could claim negligence, assault, battery, or property damage.
A critical difference between a criminal case and a civil lawsuit is that civil lawsuits have a much lower burden of proof. Need a quick reminder of the different types of burdens of proof?
| Pretrial Stop | Reasonable Suspicion |
| Pretrial Arrest | Probable Cause |
| Civil Lawsuits | Preponderance of the Evidence |
| Certain Constitutional/Contractual Matters | Clear and Convincing Evidence |
| Criminal Cases | Beyond a Reasonable Doubt |
As you can see, civil cases must meet the preponderance of the evidence standard. This means, to prevail in a civil lawsuit, the plaintiff needs to prove something is “more likely than not” true. In law school, we always used to say, “we need to prove our case 50% and then just a feather’s weight more.” This lower burden of proof makes it easier for a plaintiff to hold you financially responsible for a warning shot.
We’re Here if You Fire a Warning Shot
Whether to fire a warning shot is a personal choice. If you are ever in such a self-defense situation, consider the potential legal consequences, and your state’s laws, before firing a warning shot. You have already accomplished the first step – equipping yourself with knowledge of the law.
What are the next steps? Learn more about our firm, Attorneys For Freedom, and our national self-defense program, Attorneys On Retainer, by clicking the highlighted links. Continue to arm yourself with knowledge.
All the best, Rachel Moss, Esq.
About the Author Criminal Defense Attorney Rachel A. Moss
Rachel A. Moss is a criminal defense attorney and author of The Attorneys On Retainer blogs. With a dedication to defending her clients and supporting the liberty movement, Rachel believes in giving people second chances to their freedom and fights for justice.
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