Proper Use of Force

If you’re training and carrying concealed for self-defense, you likely want to know when you can use deadly force. The use-of-force continuum is a concept that guides law enforcement officers in determining the appropriate level of force to use in response to a situation.

The continuum of force consists of several levels — from officer presence and verbal commands to lethal force. It can help de-escalate situations and determine only the necessary amount of force.

The use-of-force continuum also provides a framework for officers to justify and explain their decisions and actions. For civilians, understanding these principles is crucial when choosing defensive tools and strategies for personal protection.

Use of Force Continuum

For civilians, it is a set of guidelines that can help people decide how much force they can use to defend themselves or others in a dangerous situation. It can help defenders avoid using excessive or unnecessary force and reduce the risk of legal consequences after a self-defense incident.

Level 1: Presence & Verbalization

This level involves using your situational awareness, verbal communication and personal alarms or yelling to deter or avoid a potential threat. For example, cross the street if you see a suspicious person approaching.

You could also shout verbal de-escalation commands such as, “Stop!” or “Help!” if someone tries to grab you. A personal alarm device or whistle can attract attention and scare off an attacker too.

Level 2: Empty Hand Control — Bodily Force

This level involves using your physical skills and techniques to escape or fight back against an attacker. For example, use kicks, punches, throws or blocks to create distance and get away from an assailant.

You can also use pressure points, joint locks or chokes to disable or control an attacker. Only use this level if you are trained and confident in your abilities and if you have no other option.

Level 3: Less-Lethal Weapons

This level involves using weapons designed to incapacitate or stun an attacker without causing permanent damage or death. For example, pepper spray, stun guns, Tasers or batons can stop an attacker from harming you or others.

The risk of casualty is lower with less-lethal weapons — though not impossible. Outside factors, such as falling after application of less-lethal force, may still result in a fatality.

Only use this level if you are legally allowed to carry and use these tools and if you understand their effects and limitations.

Level 4: Lethal Force

This level involves using weapons intended to cause serious injury or death to an attacker. For example, firearms, knives or other sharp objects may be used to defend against an imminent threat of death or grievous bodily harm.

Laws vary by state. Stay up to date on local and federal regulations. In general, you must be facing a deadly threat before you use deadly force.

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Only use this level of force as a last resort and if you reasonably believe there is no other way to prevent the attack. Be aware of the legal and moral implications of using lethal force.

When Can You Legally Draw Your Gun?

Knowing when you can draw your firearm is a delicate balance between protecting yourself and avoiding unnecessary legal complications. Laws regarding concealed carry differ from state to state, so what might be legal in one state may not be in another.

The primary purpose of carrying a concealed firearm is self-defense against imminent threats. Displaying or using your weapon in any other circumstance could lead to legal issues.

Brandishing vs. Defensive Display

One common misconception is the difference between “brandishing” a firearm and a “defensive display.” Brandishing typically involves displaying a weapon in a threatening manner without justification, which is illegal in most jurisdictions.

A defensive display refers to showing your firearm to deter a potential threat. Even then, the key element is the presence of a legitimate, immediate threat.

Understanding Force Escalation

The use-of-force continuum is not a rigid or fixed sequence. You can skip or repeat levels depending on the situation and your judgment. You can also de-escalate or stop using force if the threat is reduced or eliminated.

Post-Incident Actions

Report the incident to authorities, seek medical attention if needed and cooperate with the investigation. Be prepared for the legal and emotional consequences of using force.

After a self-defense incident, your first call should be to 911, and your second call should be to the USCCA 24/7 Critical Response Team Emergency Support.

Legal Implications

Generally, in a self-defense case, you will have to meet four rules for the use of deadly force:

1. Reasonable fear: You must genuinely believe that your life or someone else’s life is in immediate danger. A reasonable person in the same situation would feel the same fear.
2. Innocent party: You must be the innocent party and cannot be seen as the aggressor. Do not start or escalate a conflict.
3. Proportional response: No less force should be sufficient to stop the threat. If you can stop a threat with something less than deadly force, you should.
4. No escape: Many states require that, if you can do so safely, you should seek escape before standing your ground and defending yourself with deadly force.

Legal Consequences

Drawing your gun when it’s not legally justified can lead to serious legal consequences, including criminal charges such as assault with a deadly weapon or brandishing. Even if you don’t fire, simply showing a firearm can be considered a use of force in some jurisdictions.

Having a USCCA Membership can help you prepare for before, during and after a self-defense incident.

Civil Liability

Civil liability lawsuits can also arise from self-defense situations. The person at whom the gun was drawn might sue for emotional distress, personal injury or violation of civil rights.

Even if you win the criminal trial, you can still lose in a civil case. Utilizing the use-of-force continuum can help people make rational and ethical decisions in stressful and dangerous situations.

This article is a compilation of previous blog posts authored by Eugene Nielsen, John Caile and Kevin Michalowski.