This article, “The Law of Self Defense,” is written with the church safety team in mind. But the contents are applicable to every citizen who is in possession of a Concealed Carry Weapon (CCW) Permit. The right to carry a firearm is a Constitutional Right grounded in the U.S. Constitution (See Second Amendment); and with this right comes significant responsibility.
Church leaders, safety teams, and individual church members, want and need to know what the legalities are if they were to use a weapon in defense of themselves and/or others. In this article, we’re going to discuss the Law of Self Defense, break down the five (5) elements that make up this law, and talk about the prosecution’s strategy in prosecuting self-defense cases.
Whether you have just begun carrying a weapon for self-defense or retired after a long career in law enforcement or the military, it is essential for anyone who legally carries a firearm to be well-versed in self-defense law. ‘Knowledge is Power,’ and staying informed will guide you legally, ethically, and morally, in protecting yourself, your family, and others, from physical harm and legal jeopardy. I have learned a lot about self-defense over the years, but nothing prepares you better than a defendants attorney grilling you on the stand about your actions resulting in the arrest and injury of their client.
Attorney Andrew Branca is a Subject Matter Expert (SME) in self-defense law, which he has been practicing for over thirty years. He is the person that other SME’s in the legal field turn to for guidance and training. If you click on Andrew Branca’s website “About” page, this is what you will find:
- Andrew is a former Guest Instructor and subject matter expert (SME) on self-defense law at the Federal Bureau of Investigation’s National Academy at Quantico and the Sig Sauer Academy, an NRA Life-Benefactor member, an NRA Certified Instructor, an IDPA Charter/Life member (IDPA #13), and a Master-class competitor in multiple IDPA divisions. Andrew teaches lawyers how to argue self-defense cases as a certified instructor with the Continuing Legal Education (CLE) system in numerous states around the country.
- Recently, Andrew won the UC Berkeley Law School Debate on “Stand-Your-Ground,” and spoke at the NRA Annual Meeting on self-defense law.
As a retired law enforcement officer, decades of training have instilled in me the principle of ceasing force at the instance an individual stops resisting. I am also prepared, both mentally and physically, to use force up to and including deadly force to protect myself, my family, or others from being seriously injured or killed. If I find myself in a situation where deadly force is necessary, my intent will be to achieve the following four objectives:
- I win the physical fight without being seriously injured or killed.
- I am not charged with a criminal offense for my actions.
- If charged, I am found innocent of the charge.
- I am not an easy target for a civil lawsuit.
In order to accomplish these four things, one must indoctrinate themself in the Law of Self Defense. When you understand the law of self-defense, you align your mind, training, and threat responses accordingly.
Click on the above image to see the video
Five Elements of Self Defense
There are five elements to self-defense law, and these elements are generally consistent across the United States. For a prosecutor to charge anyone with a crime, they must prove the person failed to meet one of the five elements. Therefore, church safety team members authorized to carry (firearm) on church premises, should have Self-Defense Law incorporated into their training to ensure they have a good working knowledge and understanding of these elements. The five key elements are:
- Innocence
- Imminence
- Proportionality
- Avoidance
- Reasonableness
Innocence:
Self-defense is intended to allow an innocent person to defend themselves against an unlawful act of aggression. It is not intended to allow an unlawful act of aggression against an innocent person.
Innocence can be lost by:
- Initiating the aggression.
- Being the first to threaten an unlawful use of force.
- Engaging in mutual combat.
It’s important to note that anyone who legally carries concealed, takes significant risks if they make the decision to confront another person in an argument or pushing match, that leads to mutual combat, that then leads to a deadly force incident. If you carry concealed, you must never initiate aggression or you jeopardize losing the element of Innocence should a deadly force incident occur.
Imminence:
Imminent danger refers to a situation where immediate action is necessary to avoid serious injury, death, or becoming a victim of certain forcible felonies like robbery, kidnapping, or sexual assault. For a threat to be considered imminent, the attacker must possess the ability, opportunity, and intent to commit these violent criminal acts.
Understand that imminence is a dynamic window that can open and close. If you act before it opens or after it closes (when a threat doesn’t or no longer exists), you could face prosecution for an unlawful act. This is referred to as the “Zone of Ambiguity,” and requires you to train your mind now to avoid using your weapon while within this zone in the future.
Ongoing training in both firearm efficiency and firearm law is essential for armed church safety team members. Additionally, attending external courses on “Firearm Force Options” and “Shoot/Don’t Shoot” scenario training is highly beneficial. This training aids in quickly assessing evolving situations, recognizing both ends of the Zone of Ambiguity, and helps one to effectively articulate the events afterward.
Proportionality:
Proportionality pertains to the level of force used in a defensive situation, ensuring it matches the force applied by the aggressor. Deadly force, which can cause death or serious bodily injury, usually involves firearms, knives, or other objects depending on their use and potential for harm. Additionally, human disparities in size, strength, fighting ability, and numbers can also factor into what constitutes deadly force.
“Non-deadly force” refers to a lesser degree of force, such as what might occur in a fistfight between two individuals of similar size, strength, and fighting ability, where there are no significant disparities. Other examples of non-deadly force include Tasers, mace, and pepper spray.
Regarding proportionality, a CCW holder in a fearful state of mind can find themselves in legal trouble due to a combination of stress and inadequate training, leading to poor decision-making. Additionally, the lack of multiple defensive tools (Options) may compel them to rely on the only tool available, their firearm.
Avoidance:
The element of Avoidance means we should retreat or withdraw rather than engage, whenever possible, not only because it removes a potential legal vulnerability but also because it significantly reduces the risk of injury or death. This does not mean to retreat at the time life is in jeopardy. It means to retreat whenever possible to avoid an unnecessary escalation of force.
While some states have “Stand-Your-Ground” laws, not all do, and trespassing in those states will invalidate the “Stand-Your-Ground” defense. The Castle Doctrine generally removes the duty to retreat law, but this may not apply if the individual is in a Duty-to-Retreat state as a visitor. This is why many instructors teach to always retreat or withdraw, when possible, regardless of jurisdictional state law, to ensure that you are not criminally charged with a crime.
Reasonableness:
The use of force must be reasonable from both subjective and objective perspectives. Subjectively, the defender must genuinely and in good faith believe that their life was in grave danger. Objectively, a reasonable third party, reviewing the facts in the same circumstances, would also need to believe that the defender’s life was in grave danger. A prosecutor or jury, from the safety of a controlled environment, will evaluate the defender’s actions by considering the following:
- What were the circumstances?
- What were the capabilities of the defender?
- What specialized knowledge did the defender possess?
- What was the apparent mental state of the defender during the encounter?
Click on the above image to see the video
Gun Incident Summary
The above video shows a man in Pennsylvania who walked up to the front of the Sanctuary and pointed a gun at a pastor who was giving a sermon and pulled the trigger. By the Grace of God, the gun jammed and did not fire. The church did not have a safety team element in place, and thankfully another church member ran up and tackled the man to the ground before he could take any further action.
All elements of the self-defense law are clearly observed in this video. Innocence, clearly the pastor did nothing to provoke this attack; Imminence, the man’s behavior clearly shows his intent and ability to harm the pastor if action is not taken; Proportionality, any escalation of force would have been appropriate up to the moment the firearm was removed from the man’s possession (After that point you are in the Zone of Ambiguity); Avoidance, there was not an opportunity to retreat from this attack (Thankfully, the firearm jammed!); Reasonableness, thanks to this video evidence it shows that any use of force would’ve been perceived reasonable from both subjective and objective perspectives, up until the point the firearm was removed from the man’s possession.
Was this Divine Intervention? The man clearly was comfortable handling the firearm and using it in the manner that he did. It was learned shortly after this incident, that the man killed a family member before going to the church to attack the pastor. The firearm was fully functional; it just did not go off.
This incident clearly shows the need to have someone (safety team) responsible for protective overwatch of the church and congregation, while the church and congregation are focused on a church service or activity that is in progress. It is very likely that this man’s behavior and actions could have been identified before he accessed the front doors of the church if there were trained eyes and ears positioned there.
Key Elements Baseline
Committing everything mentioned above to memory is challenging. However, when incorporating the self-defense law into team training sessions we can quickly gain a firm understanding, working knowledge, and confidence, in the law. Here is a baseline understanding of the key elements.
Below are some examples
- Innocence: CCW holders must not threaten or engage in unlawful aggression against an innocent party. Mutual combat negates any claim of self-defense. If you find yourself in a heated argument, disengage as soon as you recognize the potential for escalation.
- Imminence: CCW holders should avoid threatening or using deadly force unless the other person clearly demonstrates intent, ability, and immediate opportunity to cause serious bodily injury or death, as the above video illustrates.
- Proportionality: CCW holders should use only the amount of force necessary to defend yourself or others. Deadly force cannot be lawfully used against a “Less Lethal” threat. Training, skills, and having more than one defensive tool can help you strike the right balance between too little force and too much.
- Avoidance: CCW holders must always take the opportunity to break contact, leave, and avoid a physical confrontation, if you can.
- Reasonableness: Would a reasonable person in the same situation as the CCW holder have a valid reason to fear for their life?
Having a good working knowledge of these five elements of lawful self-defense is important. If you’re ever involved in a defensive shooting, it is the knowledge and training that you absorb before the incident, that will carry you through the incident.
For more information on Attorney Andrew Branca, check out his website, blog, legal protection plan, and books on the principles of lawful self-defense at www.lawofselfdefense.com
Below is a short five (5:40) minute video of Andrew putting the Self-Defense Law into perspective.
Attorney Andrew Branca – The Crucial Five Elements
Author’s Church Security Publications: Click Here
FAQ
In “Use of Force” legal proceedings, the “Zone of Ambiguity” refers to situations where the facts are unclear or open to multiple interpretations, making it difficult to determine the legality of the use of force. This concept highlights the gray areas in self-defense cases where the exact nature of the threat and the appropriateness of the response may be uncertain. In such cases, legal outcomes depend on how convincingly the parties present their evidence and arguments, and how well the principles of self-defense are applied to the specifics of the case.
Throughout the USA jurisdictions use a host of terms to describe a citizen legally permitted to carry a concealed firearm. These terms include CCW Permit Holder, Concealed Carry Licensee, Concealed Carrier, Gun Permit Owner, Defensive Firearm Carrier, etc. All are referring to a citizen legally permitted to carry a concealed firearm.
Although some states use a blend of doctrines, self-defense laws generally fall into the following three categories:
1. Stand Your Ground: No duty to retreat from the situation before resorting to deadly force; not limited to your home, place of work, etc.
2. Castle Doctrine: A common law principle where there is no duty to retreat before using lethal force if you are in your home or yard (some states include a place of work and occupied vehicles)
3. Duty to Retreat: Duty to retreat from a threatening situation and possibly leave it to law enforcement instead, if you can do so with complete safety.
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Bible Teachings
The Bible speaks against vengeful retaliation and for self-defense. In Nehemiah (4:11-18) the Israelites armed themselves for protection when they rebuilt the wall around Jerusalem. The Israelites “did their work with one hand and held a weapon in the other” (Nehemiah 4:17).
The builders of the wall even wore their swords as they worked (4:18). While the Israelites were ready to defend themselves if their enemies attacked, they did not actively seek war against their enemies. It is the same for church safety teams today, as it was in Nehemiah’s time.
Summary
A church safety team’s philosophy is grounded in respecting the inherent value of every individual, regardless of their behavior. As stewards of church safety, our goal is to seek peaceful resolutions to conflicts while upholding our responsibilities. However, when faced with violence, we must be ready to act immediately and in accordance with both God’s Law and civil laws to protect ourselves and our church community. By understanding self-defense laws, church leaders and safety teams can prepare effectively and respond confidently to these situations.
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Author
Michael Elerick is the President of Public Safety Training LLC and a retired Special Operations Commander and SWAT Commander. A career law enforcement professional with over 30 years of experience in risk management, tactical operations, and security; he served as Executive Director of the Public Safety Training Institute from 2010 to 2020.
Since 2010, Michael has trained and consulted with faith-based organizations across the country. He is the author of Church Safety & Security 101, Emergency Preparedness for Church Volunteers, Church Safety Team Development, Church Emergency Operations Plan (EOP), and other works focused on equipping ministries to protect their people and fulfill their mission.
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