July Blog: THE USE OF DEADLY FORCE

Says Kielma,” I get asked this all the time, if I have a concealed carry permit and someone threatens me who doesn’t have a weapon, do I have the right to shoot or do I have to warn them first if I feel like I need to defend myself? Will I get in trouble if I shoot without giving a warning? Let’s think about this together. Please remember I’m not an attorney and this in no way is legal advice”.

My credentials: Among others, I am a USCCA Certified Firearms Instructor, Range Safety Officer, USCCA Certified Emergency First Aid Fundamentals Instructor (First Responders), USCCA Certified Marksmanship Simplified: Foundations of Handgun Coaching, USCCA Certified Countering The Mass Shooter Instructor, USCCA Certified Women and Firearms Instructor, USCCA Certified Children and Firearms Instructor, USCCA Certified Home Defense Instructor, USCCA Certified CPR/Defibrillator Instructor, FFL, Gunsmith and a member in good standing with the NRA.

The question: “If I have a concealed carry license and someone threatens me but doesn’t have a weapon, do I have the right to shoot or do I have to warn them first if I feel like I need to defend myself. Will I get in trouble if I shoot without giving a warning?”

Last Question first: In no US jurisdiction of which I am aware, are you required to give a warning before using deadly force in lawful self-defense. Notice I said, “lawful self-defense”. If the defensive act is lawful, no warning is required. If the act is not lawful, “providing a warning “is irrelevant.

Know the laws of your jurisdiction and the relevant state laws.

In no state do mere words, even ugly, nasty, racist, vulgar, threatening, or filthy words constitute “an attack”. You cannot legally exercise self-defense against mere words which are not connected to overt unlawful actions. 

Do you have the right to shoot? First, use correct terminology. “Shooting “is the application of Deadly Force using a firearm. Deadly Force can also be hitting someone with a baseball bat. So is cutting them with a knife. It can be throwing a brick at them. It can be striking them with a ball-peen hammer. It can be inflicted with a two-by-four. Deadly Force is that force that can result in Death or Serious Bodily Injury. Deadly Force is Deadly Force, there is no degree to it. Baseball bat Deadly Force is in no way” less” or “nicer” than pistol Deadly Force. Or ball-peen hammer Deadly Force.

So, what if Someone threatens you? Threats are words. You cannot defend yourself against mere words, they are not an “attack” or a crime. Leave the area. 

Things are markedly different If they won’t let you leave, - that’s a crime. Things are markedly different if they are committing an actual violent crime against you.

You are allowed to use Deadly Force for self-defense when the Ability, Opportunity, Jeopardy, triad is fulfilled, and your actions are Reasonable given the totality of the circumstances.

Your attacker has the reasonable ability to inflict Death or Serious Bodily Injury upon you. This may be with a weapon such as a pistol or baseball bat, or even Bare handed- remember even bare-handed blows and kicks can kill. Absence of a weapon does not mean absence of a deadly threat.

Your attacker can bring a means to inflict Death or Serious Bodily Injury upon you. An example- if he is ten feet away from you and has a baseball bat, he has Opportunity. If he is across a parking lot 300 feet away and has a baseball bat, he does not have Opportunity.

Your attacker has indicated by overt action such as pointing a pistol at you or swinging a bat, or words “I’m going to kill you” or other explicit or implied means such as gestures or pointing, that they intend to use Deadly Force upon you, the Defender, or another innocent third party, and the threat is imminent, in other words immediate, happening now. Not next week, not tomorrow but now. If so, you are in jeopardy of Death or Serious Bodily Injury.

Your analysis of the facts and totality of circumstances as they are apparent to you at that time must be reasonable. You must think about whether you are a reasonable person.

Notice this has nothing to do with “feelings”. Relying on “feelings” means “bald fear” or “panic”- these are unreasonable. Your analysis must be the result of clear, logical thinking. It must be reasonable. It must be reasonable when your actions are reviewed by the Grand Jury.

In many states, the law specifically states exact, specified circumstances in which you may use Deadly Force. For instance, states that are Legally justified to use Deadly Force to Defend Against and prevent the imminent commission of the violent crimes of: sexual assault, aggravated sexual assault, murder, robbery, aggravated robbery and aggravated kidnapping. Carjacking, home invasion, and business invasion are also included, although the statute does not use those specific terms. Burglary and arson may be defended against with Deadly Force if the use of Deadly Force is “reasonable” under specific circumstances.

As an example of this: The large man who stops you in the parking lot, balls up his fist and tells you:” Give me your wallet or I’ll smash your face in”. Your statutory analysis: He is committing the violent crime of “robbery”. You may lawfully defend against imminent commission of the crime of robbery with Deadly Force.

Another example: The large man who stops me in the parking lot, balls up his fist and tells me:” Hey, Jew boy, we don’t allow your kind on our turf. If I catch you here tomorrow, I’ll bash your face in.” The miscreant is rude, vile, bigoted and hateful, but at this instance he is not committing a violent crime. His words may be a criminal offense, namely the making of a “terroristic threat” but his threat of unlawful action against me is not imminent, it is “tomorrow”. There is no lawful response currently under these circumstances involving a gun. I’ll back off, apologize and leave. Then I will call 911 and report the threat.

You must defend yourself lawfully under one analysis or the other as described above. If you cannot justify yourself by one method, at least, you better not shoot, or you will be in a massive mess of trouble.

” I was scared” does not count. “He insulted my Mama”, does not count.

I want to make it double clear that your analysis must be reasonable in the cold light of day as reviewed by the police, the DA and ultimately, by the Grand Jury.

What about fear? Some people have a hysterical, neurotic, morbid fear of clowns. If someone with such a condition shoots a clown because “I was afraid” the action was not reasonable. For that person, prison will result as well as impoverishing lawsuits.

Know the specifics of your state’s self-defense laws. If you are in doubt, consult a qualified local attorney with expertise in this area of the law.