When it comes to the use of force, your life and freedom depend on you being able to analyze when the use of force is warranted, and you may have to do this in a split-second, without warning, in an emergency situation. Everything you say and do, both before and after the shooting, will be analyzed in detail by the other side in a civil and/or criminal case. The time to learn and practice is before the event occurs.
Police are protected by “Qualified Immunity,” lawsuits may be defended by and paid out by the government, police are seen as the good guys automatically by jurors, and sometimes the penalty is just losing their job. You and I don’t have these protections. All the more important to understand this topic, be aware of your surroundings, and mentally train yourself before an incident occurs.
Before an incident
First, you need to calmly and objectively assess any situation in which you feel may escalate to violence. The sooner you do this, for example by always being aware of your surroundings, the more options and time you have. How many threats are there? Are you surrounded? Are the threats likely armed? Has the situation escalated to the point where you can’t just apologize and walk away? Is running an option, or am I in an enclosed space, or on uneven ground? Even animals avoid fights when they can, because typically both combatants get injured. Better to suffer minor embarrassment than go through a criminal trial or lawsuit. Be prepared to explain why you couldn’t run to the court.
Suppose there is no way to safely escape your situation. Does the situation warrant lethal force to begin with? Typically, the answer is yes when it means imminent great bodily harm to yourself or others, AND your potential targets are the ones who are committing some kind of crime.
These exceptions are important.
For example, if you are driving and you observe a man holding a woman at gunpoint, are you automatically justified in shooting the man? NO! You didn’t see the whole situation, it’s possible the woman was shooting first and the man disarmed her. If you don’t know the whole situation, don’t get involved.
Another example, if an unarmed woman is shouting at man she is going to kill him, is the man justified in the lethal use of force? It depends! The courts may rule that the large man was not actually in risk of his life. In the opposite circumstances, the court may rule the woman was at risk because of the strength and size difference. The takeaway is you have to be able to explain your reasoning in a convincing way to a jury.
An exception to the above is where the incident starts in a location where you are not required to retreat – your home, your car, or your workplace, you did not otherwise break the law or cause the circumstances in some way, and the intruder has entered or is attempting to enter through violent or forceful means. Violent or forceful means includes picking the lock to your door, or smashing your car window. You are within your rights of self-defense to shoot first in such a case, as you can simply state you suspected the intruder was armed and you were in fear for your life or the lives of others. However, do consider “violent or forceful means” If you or a family member invites someone into your house, and that person refuses to leave, this is just trespass, it does not warrant the use of lethal force. Read up on the laws of your state. Especially if you are in a state that does not believe in the right of self defense, such as California, you may have fewer protections, so read up on the laws yourself.
During the incident
Don’t stand around paralyzed by fear or uncertainty. Calmly and quickly access the tactical situation. Are you injured or restricted in some way, such as wearing a backpack? Are you by yourself or do you need to protect others? Do you carry with a round in the chamber, or do you need that extra second to rack the slide? Are there innocent bystanders in front of or behind your target, including if bullets go through drywall? What weapon do your opponent(s) have? Are they close enough to reach you before you can draw, present, and fire? I’ve done drills where this is up to 20 yards. Be prepared to explain that in court.
If the use of force starts within 3 to 5 yards, the most common case, you generally don’t need to aim. You can fire from the hip, using your opposite hand to keep them off you. Be sure you’ve practiced doing that in your my outdoor drills.
If your opponent is within 20 yards and is trying to close the distance, and misses are a legal liability, you may be best off standing still and aiming carefully. Spend less time aiming as the target gets closer and be prepared to fire while stepping to the side. If misses do not matter, such as a solid wall behind your opponent, it may be a good option to fire while walking backwards. I know from drills walking backwards actually gives you a surprising amount of time, and doesn’t affect your accuracy nearly as much as forwards or sideways.
If your opponent has a firearm and you have cover nearby, it’s generally best to just sprint to cover. Shooting while walking is very inaccurate; I miss a lot in those drills even without pressure. Shooting from cover, especially from holes in cover or over the top of cover, where you can stabilized your weapon, is very accurate. However, if cover is not nearby, that shooting while walking, or kneeling or going prone may be the best option. See my outdoor drills on these topics.
Do not take warning shots. Legally, there is no such thing as a warning shot. A warning shot is a lethal shot that you just missed. Every miss is a liability, so don’t miss. Not missing is why you put in range time and dry fire with Interactive Gun Range. Keep shooting until your opponent no longer presents a threat. Do not shoot that target again unless that opponent presents a threat again. Once your opponent is no longer a threat, do not immediately holster your weapon. Clear your checkpoints, reassess your opponent if there are no other threats, reload, then holster. Retreat to a safe space and continue to assess for threats until the police arrive.
After the incident
Call 911 and tell you were involved in a defensive use of force and need an ambulance. That you called 911 and asked for an ambulance will work in your favor to argue it was a defensive shooting. If there is evidence that may help you that will be immediately lost if you do not point it out, such as witnesses, let the 911 or the police know about that. Calls are recorded so you don’t have to repeat yourself. Besides that, only say you need to go to the hospital. If you know how you are wounded, state that accurately. If you do not think you were wounded, state you are having trouble breathing, which is going to be true with the adrenaline rush. It’s important to get checked out at the hospital; you might have been wounded and not know it. I was once shot at a simunition course in the wrist and didn’t feel it an hour later, and that was with me being relatively calm vs. a real gunfight. Trouble breathing is a priority call and will get you fully assessed. If nothing is actually wrong with you, you didn’t lie. You will certainly be short of breath after a gun fight.
Be aware the police WILL probe for more details, repeatedly. You WILL feel compelled to explain yourself. Resist that impulse. It is easy to be mistaken or confused in the moment, especially with your adrenaline pumping. Repeating “I am having trouble breathing” is a good way to avoid answering questions. If you had to speak earlier, such as to indicate witnesses, say “I am prepared to make any further statements through my attorney” followed by “I am having trouble breathing. I need to go to the hospital.” While at the hospital, after getting checked out, call your attorney, tell them you were in a defensive shooting, do not give details other than contact info, arrange to talk to them privately. Do not explain what happened within earshot of anyone else. Be prepared for it to take up to 2 days for your adrenaline to settle and be able to provide a coherent statement. All statements should only be made to your attorney. If you say something mistaken or confused, your attorney is on your side to clear misunderstandings. It may sound extreme to protect yourself in such a way, especially if you were completely in the right. However, Kyle Rittenhouse was completely in the right and the government used every last detail to try to put him in jail for life. If the wrong races are involved, a politically biased, malicious prosecutor may put you in a similar scenario. Why take the chance just to explain yourself slightly earlier? Your story will get out through your attorney, in a way that won’t be twisted against you.
