I have taught CCW classes for a long time and I find one of the most common topics of discussion is deciding when deadly force is necessary. In other words, when should I pull the trigger? This is never an easy decision to make and the laws that set out those standards vary greatly from state to state. Some states have “stand your ground” laws while others, unfortunately, have laws making it difficult to defend yourself.
The more you can prepare yourself, the better off you will be when things go bad. Every year there are people who successfully defend themselves or others during attacks. But there are also people who use deadly force when it’s not necessary even though it may be legal. So, let’s go over some of those areas and see what makes an encounter truly a self-defense situation.
Range and Risk
The most obvious thing to consider during self-defense incidents is the immediate risk to you or another innocent person. Describing this type of risk is hard to pin down with words because every situation is different. In my state, what is appropriate is determined by what an “average person” would consider reasonable. Deadly force can be used if the action is what would be considered proper by the average person.
The idea of an “average person” stems from the law that says you have the right to be judged by a jury of your peers. Most self-defense encounters take place at close distances for obvious reasons. So, distance should be a factor when assessing how credible a threat is. There isn’t a set distance to go by, because again, every situation is different.
In July of 2022, Elisjsha Dicken pulled his concealed carry weapon and fired at an active shooter. Dicken was reportedly more than 40 yards away when he started shooting at the armed gunman. This distance is well outside of the “average” range for self-defense, but in this case, it was justified and appropriate.
Does legal make it ethical?
In the case above, the shooter stated that his life was threatened by a man with a bat. It’s true that a person can close a distance very quickly. This could be a valid argument for using deadly force if an average person believes the response was appropriate. But in other cases, people use the legal definition of the law to act when it may not be appropriate or ethical.
Some states require a person to retreat, if possible, even from their own home. In this case, using deadly force to defend yourself inside a home is ethical, even though the state says it’s illegal. This is why a person needs to have a good understanding of both ethical decision-making and the laws of their state.
Making the Right Decision in a Split Second
Let’s face it, incidents happen fast, and it can be hard to make the right decision in a split second. This is why training is so important for those who conceal carry or have a weapon for home defense. Another case I’m reminded of was a homeowner who shot and killed an intruder in his living room. It appeared to be a classic home invasion, but when the detective asked him for a statement, things changed.
The suspect broke into the home at 1:30 a.m. and was rummaging through a cabinet when the homeowner heard a noise. Grabbing a handgun and heading down the hall to investigate, the homeowner found the suspect leaning down into the cabinet. The homeowner was a large man, and the suspect was a very small, slim-built man. The homeowner stated that he shot the suspect for being in his house illegally.
When we talk about training, we tend to think of physical training at the range but don’t forget other types of training. In your training plan, be sure to include training that focuses on legal matters, use of force, and decision-making.
Summary
When you must decide what to do and you don’t have time to process what’s going on, your training is the only thing you have to go on. The type of threat, level of threat, distance of threat, and more should all be factored into the action you take. If you train regularly in multiple areas, you will be able to assess the situation and react quickly.
When the gunman started shooting, Elisjsha Dicken pushed his girlfriend to the ground and drew his weapon to fire back at the gunman. He could see that people needed help, he wanted to stop the threat. Two different times he moved closer to the gunman to reduce the distance he was shooting from. He continued to shoot until the gunman was down and the threat was gone. He didn’t shoot because he could, he shot to keep other people from dying. This made his decision ethical and legal, and it made him a hero. Carry a weapon for the right reason and use it for the right reason, with ethical and legal decision-making skills.