If I shoot the earth in front of me there is no bystander worry, and in some scenarios people arent seeing the gun, like a fight is going on between two people and they dont realize theres a gun out through the commotion.

You don't want to risk getting in harms way and you cant let them keep fighting because they might seriously hurt each other. Warning shots arent without use, nothing is black and white and the government just wants to target gun owners any way they can.