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Resource book on the use of force and firearms in law enforcement
longer a need to use (potentially) lethal force. Officers should be able to adjust their assessment
of the situation, scaling up and down depending on how the circumstances of the incident
develop. They should be able to justify each single shot fired.
Factors that must be taken into account when assessing the likelihood that the force may lead to
death may include, for example, the kind of firearms used; the likelihood that the law enforcement officer will be able to hit non-essential body parts; the availability of effective medical
emergency response and health care; and the presence of other persons who may be affected
(and even potentially killed) by the use of force.219
In line with BPUFF principle 10, before firing a shot, the law enforcement officials should identify
themselves as such and give a clear warning of their intent to use a firearm, with sufficient time for
the warning to be observed, unless doing so would unduly place the law enforcement official at risk
or would create a risk of death or serious harm to other persons, or would clearly be inappropriate
or pointless in the circumstances of the incident. For example, a warning is clearly futile when the
target is already firing. Warning shots should be avoided as they carry serious risk of causing damage or injury. Indeed, it is good practice to prohibit warning shots altogether.220 Shooting at moving
vehicles should be avoided, unless it poses an imminent risk of death or serious harm to the official
or other persons, as this is also extremely dangerous.
Where possible, when law enforcement officials are routinely armed with a firearm, it is desirable
that they be issued with their own force-owned weapon and train with that particular weapon for
accountability. This way they are responsible for its care, cleaning and can familiarize themselves
with the subtleties and nuances of that particular weapon, which can be adjusted to the needs of
the “owner” to achieve better accuracy. It also allows easy record-keeping and tracing. Note that
all weapons should be stored at the armoury after use and should be registered with every use.
A firearm that is not maintained properly can discharge or jam accidentally, potentially leading
to serious injuries and sometimes loss of life. Care should be taken to maintain weapons in
proper state, typically the responsibility of an armourer. Accidental discharge is almost always
due to operator error, carelessness or failure to follow procedure, such as when a law enforcement official drops a gun or accidentally pulls the trigger. Whenever a law enforcement official
explains that a death or injury has occurred as the result of a malfunction or accidental
discharge, this should be subject of an investigation.
The basic principle of accountability is that it must be possible to trace who fired a gun. Hence, modifying or disassembling weapons should not be permitted, as it makes it more difficult to trace who
fired the weapon. Also, the trigger of a firearm should require a certain pressure in order to fire,
usually indicated in weight, and thus should not be modified. Unauthorized modifications
should also be prohibited as they could facilitate careless handling of the instrument.
219
See OHCHR, Human Rights and Law Enforcement, A Manual on Human Rights Training for Law Enforcement
Officials, 2017, chapter 5 (Human Rights and Use of Force).
220
When firing a shot in the air, the bullet will come down with a trajectory that cannot be controlled. When
firing a shot elsewhere, there is high risk of the bullet ricocheting. In both cases the risk of causing injury or worse
to random bystanders is high. In addition, a warning shot could also be perceived as an escalation of the situation
rather than an attempt at de-escalation.
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