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The jury will consider the law. It’s not just the lethality of the use of force. It’s also about the act of discharging a firearm. Many jurisdictions outlaw the discharge of firearms except for lawful self defense, hunting, target practice. No jurisdiction I’ve ever lived in says warning shots are legal.  A shotgun round can kill out to 100s of yards, a rifle or pistol bullet 1000s. That warning shot goes up, and comes down. At the same velocity it went up.  Warning shots are a legally perilous choice: if I fire a warning shot and that resolves the situation, I actually have proven I wasn’t under threat of immediate death, so I should never have shot in the first place. If you live by the fundamental safety maxim that you never point a firearm at something you don’t intend to destroy, good safety says no warning shots and no less lethal ammunition. If you take a look at the history of less lethal ammunition, it’s legally used in riot control where ranges can be known, and rounds are only fired within the less lethal range. Even then people die and are maimed.  I guess from my perspective it’s not tricky at all, it’s binary. If the threat warrants lethal force and you are morally and legally prepared to take a life or seriously wound another human to stop it, use a firearm. If not to either or both, find another means. As an armed civilian your rules of engagement are not the same as a riot cop, and you don’t enjoy the same legal protection. 

I’m not a lawyer, but it’s my understanding  in almost all jurisdictions you are only justified in using lethal force when  facing imminent unavoidable threat of death or grievous bodily harm to yourself or another innocent. If it isn’t imminent you aren’t justified, and thus the decision to use a less than lethal munition isn’t either. In many jurisdictions a warning shot is illegal. If you have the opportunity to warn, you aren’t at imminent risk.  At the kind of social distance the typical use of force situation occurs in (typically under 7 feet) a beanbag or other less lethal round is also lethal. If you have the opportunity to withdraw, you aren’t justified in using lethal force. And at the range you can’t otherwise withdraw, bean bags or rubber buckshot are lethal.  For this reason, I’ve always advised my students against less lethal munitions, and advocated they keep pepper spray or foam with their home defense weapon.  There is a justified use for less lethal ammunition but it’s not likely to be in self defense against humans. If you live where there are large wild animals you want to discourage from going after your trash or other nuisance behavior and you are either unable legally or unwilling to kill, rubber buckshot might be useful at appropriately non lethal ranges. But for a private citizen, less lethal munitions are not a legally justifiable option. In the same vein, speciality shotgun gimmick loads like flechette rounds are a legal landmine.

Some things I’d add based on my experience as an NRA certified pistol and personal protection instructor for over 30 years. All are for the critical decision about first gun, and all I’ve used to steer many of my students away from the pistol to a shotgun over the years. First is shotguns vs AR platform: while I would always rather have a carbine for ranges over 75 yards, at under 75 yards the US military has proved in multiple studies the 12 gauge shotgun is the most effective infantry weapon. From SPIW in the 60s to house clearing in the war on terror, multiple studies and real world experiences confirm the short to medium range effectiveness of a shotgun stopping the fight, unless the target is behind hard cover, typically not something a typical home contains. Buckshot ammunition is much less likely to overpenetrate: typically buckshot will stay in the envelope of a typical frame house, while 223 unless it shatters can go through at least four typical walls. In an urban environment that creates significant risk to the innocent. Slugs will over penetrate as well, but with a shotgun you have a choice. You can also select your load on the fly by topping up a tube magazine with slugs, birdshot or buck from a buttstock carrier, flexibility no carbine or 9mm supports.  But that’s not the reason I recommend the shotgun. The truly deciding factor is training and access to moving targets. For a lot of folks I teach, it’s clear they are not interested or dedicated enough to devote themselves to the discipline of learning to use a handgun safely and effectively.  I can teach someone to handle a shotgun effectively in a matter of hours and have them reliably hit stationary man sized targets first time every time. This is true of a smaller number of handgun students. If they aren’t looking to carry concealed, the learning curve of a handgun is steep, and requires continuing practice to stay sharp. Even the relatively well trained police officers (NYPD numbers cited) hit rate in gunfights is 18 percent, rising to a whopping 37 percent at ranges under 7 yards. There’s a good reason police officers who know they are going into a shooting situation grab a shotgun or carbine out of the rack.  But the most important reason is fundamental: bad guys don’t stand still. Unless someone has had military training or (in the Northeast extremely rare) access to an advanced range, shotguns are the only common weapon my students can practice using against moving targets. The old days of going to the dump and rolling a target inside a tire are long gone. A clay pigeon is 4.3 inches rather than the 5.5 of a 25 yard bullseye pistol target… and, on a sporting clays course it’s going 55 mph at distances between 15 and 50 yards. Even Jerry Miculek or his daughter Lena wouldn’t pick a pistol to shoot moving targets.  Finally, a semi 20 gauge or even a light 12 with low recoil ammunition can be reasonably be handled by even my smallest students. A lot of 9mm and most 45 handguns are not well suited to small hands and low arm strength. Anyone with reduced mobility or arthritis may struggle with slide springs, particularly under stress.  One gun? Yes, I support your 9mm or AR choice. But first gun for beginners looking to defend their home? Shotgun.


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The jury will consider the law. It’s not just the lethality of the use of force. It’s also about the act of discharging a firearm. Many jurisdictions outlaw the discharge of firearms except for lawful self defense, hunting, target practice. No jurisdiction I’ve ever lived in says warning shots are legal.  A shotgun round can kill out to 100s of yards, a rifle or pistol bullet 1000s. That warning shot goes up, and comes down. At the same velocity it went up.  Warning shots are a legally perilous choice: if I fire a warning shot and that resolves the situation, I actually have proven I wasn’t under threat of immediate death, so I should never have shot in the first place. If you live by the fundamental safety maxim that you never point a firearm at something you don’t intend to destroy, good safety says no warning shots and no less lethal ammunition. If you take a look at the history of less lethal ammunition, it’s legally used in riot control where ranges can be known, and rounds are only fired within the less lethal range. Even then people die and are maimed.  I guess from my perspective it’s not tricky at all, it’s binary. If the threat warrants lethal force and you are morally and legally prepared to take a life or seriously wound another human to stop it, use a firearm. If not to either or both, find another means. As an armed civilian your rules of engagement are not the same as a riot cop, and you don’t enjoy the same legal protection. 

I’m not a lawyer, but it’s my understanding  in almost all jurisdictions you are only justified in using lethal force when  facing imminent unavoidable threat of death or grievous bodily harm to yourself or another innocent. If it isn’t imminent you aren’t justified, and thus the decision to use a less than lethal munition isn’t either. In many jurisdictions a warning shot is illegal. If you have the opportunity to warn, you aren’t at imminent risk.  At the kind of social distance the typical use of force situation occurs in (typically under 7 feet) a beanbag or other less lethal round is also lethal. If you have the opportunity to withdraw, you aren’t justified in using lethal force. And at the range you can’t otherwise withdraw, bean bags or rubber buckshot are lethal.  For this reason, I’ve always advised my students against less lethal munitions, and advocated they keep pepper spray or foam with their home defense weapon.  There is a justified use for less lethal ammunition but it’s not likely to be in self defense against humans. If you live where there are large wild animals you want to discourage from going after your trash or other nuisance behavior and you are either unable legally or unwilling to kill, rubber buckshot might be useful at appropriately non lethal ranges. But for a private citizen, less lethal munitions are not a legally justifiable option. In the same vein, speciality shotgun gimmick loads like flechette rounds are a legal landmine.

Some things I’d add based on my experience as an NRA certified pistol and personal protection instructor for over 30 years. All are for the critical decision about first gun, and all I’ve used to steer many of my students away from the pistol to a shotgun over the years. First is shotguns vs AR platform: while I would always rather have a carbine for ranges over 75 yards, at under 75 yards the US military has proved in multiple studies the 12 gauge shotgun is the most effective infantry weapon. From SPIW in the 60s to house clearing in the war on terror, multiple studies and real world experiences confirm the short to medium range effectiveness of a shotgun stopping the fight, unless the target is behind hard cover, typically not something a typical home contains. Buckshot ammunition is much less likely to overpenetrate: typically buckshot will stay in the envelope of a typical frame house, while 223 unless it shatters can go through at least four typical walls. In an urban environment that creates significant risk to the innocent. Slugs will over penetrate as well, but with a shotgun you have a choice. You can also select your load on the fly by topping up a tube magazine with slugs, birdshot or buck from a buttstock carrier, flexibility no carbine or 9mm supports.  But that’s not the reason I recommend the shotgun. The truly deciding factor is training and access to moving targets. For a lot of folks I teach, it’s clear they are not interested or dedicated enough to devote themselves to the discipline of learning to use a handgun safely and effectively.  I can teach someone to handle a shotgun effectively in a matter of hours and have them reliably hit stationary man sized targets first time every time. This is true of a smaller number of handgun students. If they aren’t looking to carry concealed, the learning curve of a handgun is steep, and requires continuing practice to stay sharp. Even the relatively well trained police officers (NYPD numbers cited) hit rate in gunfights is 18 percent, rising to a whopping 37 percent at ranges under 7 yards. There’s a good reason police officers who know they are going into a shooting situation grab a shotgun or carbine out of the rack.  But the most important reason is fundamental: bad guys don’t stand still. Unless someone has had military training or (in the Northeast extremely rare) access to an advanced range, shotguns are the only common weapon my students can practice using against moving targets. The old days of going to the dump and rolling a target inside a tire are long gone. A clay pigeon is 4.3 inches rather than the 5.5 of a 25 yard bullseye pistol target… and, on a sporting clays course it’s going 55 mph at distances between 15 and 50 yards. Even Jerry Miculek or his daughter Lena wouldn’t pick a pistol to shoot moving targets.  Finally, a semi 20 gauge or even a light 12 with low recoil ammunition can be reasonably be handled by even my smallest students. A lot of 9mm and most 45 handguns are not well suited to small hands and low arm strength. Anyone with reduced mobility or arthritis may struggle with slide springs, particularly under stress.  One gun? Yes, I support your 9mm or AR choice. But first gun for beginners looking to defend their home? Shotgun.


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