On the surface the argument that the 'Out of Range' rule refers to models that were
within range when To Hit rolls were made and the FAQ ruling refers to models that were
not within range when To Hit rolls were made is plausible, but if you'll look closer at the rules you will see, that it is not that simple.
The 'Out of Range' rule:
- BRB p.16 wrote:
- As long as a model was in range of the enemy when To Hit rolls were made, he is considered to be in range for the duration of the shooting attack, even if the removal of casualties means that the closest model now lies out of range.
The first instance of model is your own model in range of the enemy.
The question is, when is a model in range of the enemy?
- BRB p.12 wrote:
- ...When checking range, simply measure from each firer to the nearest visible model in the target unit...
So a model is in range of the enemy, as long he is in range of the closest visible model in the target unit. All other models are irrelevant.
And he is considered to always be in range 'for the duration of the shooting attack'. So, when does a shooting attack end?
- BRB p.15 wrote:
- When the Wound pool is empty, the shooting attack has been completely resolved...
So as long as there are Wounds left in the Wound pool, your models, that were in range when To Hit rolls were made, are considered to be in range of the enemy, even if they happen to be out of range now.
Maybe this rule refers to some special situations, where enemy models are moved during the shooting phase or happen to be out of range now, but were in range before.
But, the rule explicitly says: '..., even if the removal of casualties means that the closest model now lies out of range.'!
If the closest model is out of range to your models, because you removed all closer models as casualties then the model in question had to be out of range before you removed those models, too. That means it had to be out of range, from the start, or else it would not end out of range after removing other models, because models don't miraculously move, when you kill other models.
If you have a solution, how a model can be left out of range, by removing casualties, but was in range before casualties were removed, please prove me wrong. I can't think of any.
So, no let's take a look at the FAQ ruling:
- BRB FAQ p.3 wrote:
- Q: When making a Shooting attack against a unit, can Wounds from the Wound Pool be allocated to models that were not within range [of] any of the shooting models when To Hit rolls were made (i.e. half the targeted model[s] are in the shooting models’ range, and half are not)? (p15)
A: No.
This ruling uses a completely different angle, because it is not concerned with own models in range of the enemy, but with enemy models in range of the shooting models.
I have three problems with this angle.
1.) This is never determined in the normal shooting process. Checking Range is only concerned with own models being in range of enemy units. Which and/or how many individual enemy models are actually within or without of range is neither checked nor important for the existing rules, yet it suddenly crops up in a FAQ ruling that clarifies the wound allocation process.
2.) The 'Out of Range' rule on page 16 tells us, that firing models that were within range of the enemy when To Hit rolls were made are considered to be still in range for the duration of the shooting attacks, even if the removal of casualties means that the closest model now lies out of range. So we are not allowed to allocate a wound to a model, we are technically considered to be in range of now, because we haven't been in range of it before. This is at least confusing.
3.) The rules tell us, when a shooting attack ends. Namely when the Wound pool is empty. The Wound pool is empty, when either all wounds were allocated, or the whole unit has been removed as casualties. What happens if there are still Wounds and models left, but we can't allocate said wounds to these models, because of the FAQ? The shooting attack never ends and our game grinds to a sudden halt, as the remaining bullets hang in the air unable to wound the left over models, but unable to vanish, before they create the Wounds, they caused. As long as the current shooting attack isn't resolved the player can neither begin the next one, nor proceed to the Assault phase. The only solution is for the players to get a new hobby, while their models remain fixed in this strange limbo state and slowly begin to die of old age.
TL,DR version:
The FAQ ruling is:
a) confusing
b) unnessecary
c) written slopily