LECTURES IN GUN SAFETY

LECTURES IN GUN SAFETY

SUBJECTS	TIME	MODE OF INSTRUCTION
1.       Basic firearms laws, rules and regulations	30 minutes	Lecture
2.       Basic firearms safety procedures	30 minutes	Lecture
3.       Basic marksmanship	1 hour	Lecture
4.       Basic shooting examination grouping of shots  at a distance of at least 7 meters	6 hours	Practical Exercise
TOTAL	8 hours

1.       Basic Firearms Laws, Rules & Regulations

Legal Aspects:

1.1. Inherent in crimes of force or threatened forces is the concept of justifiable force i.e. the use of force for some purpose approved by law. For asset protection, protection of professionals and private security personnel, this will be crucial, because circumstances will exist in which the use of force against persons may exist and be required. What kind and how much force to use may have to be decided on the spot at the crucial moment. A general awareness of lawful and/or legal limit to the use of force is therefore essential.

1.2. Article II of the Revised Penal Code provides an exhaustive treatment of reasonable force under certain justifying circumstances and provides in substance, that the following do not incur criminal liability:

1.2.1.        Anyone who acts in defense of his person or rights, provided that the following circumstances occur:

Unlawful aggression

Necessity of the means employed to prevent or repel it

Lack of sufficient provocation on the part of the person defending himself

1.2.2.        Anyone who acts in defense of the person or rights of a  relative, provided that the 1^st and 2^nd  requisite in the preceding paragraph are present, in case the provocation was given by the person attacked, that the one making the defense had no part therein.

1.2.3.        Anyone who acts in defense of the person or rights of a stranger, provided that the 1^st and 2^nd requisites of paragraph 1.2.1. are present and the person defending is not induced by revenge, resentment or other evil motive.

The three (3) concepts of defense

1.       Self-defense

2.       Defense of relatives

3.       Defense of strangers

SELF-DEFENSE covers not only the defense of the person or body of the one assaulted but also that of his rights, that is, those rights the enjoyment of which is provided by law. Penal laws make self-defense lawful because it is impossible for the state in all cases to prevent aggression upon its citizens and offer protection to the person unjustly attacked. Likewise, it cannot be conceived that a person should succumb to an unlawful aggression without offering any resistance.

The first element of self-defense is unlawful aggression. There can be no self-defense without unlawful aggression for then there is nothing to prevent or repel. There is unlawful aggression when the peril to one’s life, limb or right is either actual or eminent. Unlawful must be emphasize, for there is what we call lawful aggression – like the fulfillment of a duty or the exercise of a right in a more or less violent manner is an aggression, but is lawful.

Retaliation is not self-defense. In retaliation, the aggression that was begun by the injured party already ceased to exist when the accused attacked him. In self-defense, the aggression still existed when the aggressor was injured or disabled by the person making a defense. Hence, when the aggressor flees, unlawful aggression no longer exists and the one making a defense has no more right to kill or even to wound the former aggressor. There is no unlawful aggression when there is an agreement  to fight as each of the protagonists is at once assailant and assaulted and neither can invoke self-defense, because aggression, which is an incident in the fight, is bound to arise from one or the other combatant. If there was an agreement to fight, and the aggression was ahead of the stipulated time and place, it is unlawful and the assaulted can claim self-defense if in repelling the aggression he killed the aggressor.

The second element is reasonable necessity of the means employed to prevent or repel the aggression. The reasonableness of the means employed will depend upon:

1. The nature and quality of the weapons. The use of a revolver against an aggressor armed with a bolo is held reasonable, if appearing that the deceased was advancing upon the accused and within a few feet of striking distance when the latter shot him. All other things being equal, a person attacked with fist blows must repel the same with fist blows also.
2. Physical condition, character and size. The aggressor was a “bull”, a man larger and stronger of known violent character, with previous criminal records of assault. He attacked with fist blows a smaller man, who as a warning,  cut him with a bolo on the left shoulder. The aggressor attempted to possess himself of the bolo. Killing him with a bolo was justified.
3. Other circumstances considered. In view of the eminence of danger, a shotgun is reasonable means to prevent aggression with a bolo.

GENERAL RULES (Excerpts from Rules of Engagement dated 26 June 1997 Directive from the Chief, PNP)

1. Under all circumstances, the use of force, including firearms, is justifiable only by virtue of the Doctrine of Self-Defense, Defense of Relative and Defense of Stranger. As stated by the Supreme Court, nobody, including the police and even the military, is above the law.
2. The authority to carry firearms is for the conduct of official duties.
3. Do not use weapons and ammunitions not specifically authorized.
4. Do not carry personally owned firearms or other personally owned weapons while on duty.
5. Do not use specific weapon without completing designated training and qualification for that make, model or type of weapon.

USE OF FORCE

The primary consideration in any use of force is the timely and effective application of the appropriate/justifiable level of force required to establish and maintain lawful control. A paramount consideration is the preservation of life and prevention of bodily injury.

1. Use of Deadly Force

1.       Deadly force is the use of any force that is likely to carry death or serious physical injury.

2.       Deadly force does not include force that is not likely to cause death or serious physical injury but unexpectedly results in such death or injury.

3.       Security Officer/Guard use deadly force only when necessary, that is, when the Security Officer/Guard has a reasonable belief that the subject of such force posses an imminent danger of death or serious physical injury to the Security Officer/Guard or to another person.

4.       If force other than deadly force reasonably appears to be sufficient to accomplish an arrest or otherwise accomplish the security/law enforcement purpose, deadly force is not necessary.

2. Use of verbal warnings prior to use of deadly force

If feasible and if to do so would not increase the danger to the Security Officer/Guard or others, a  verbal warning to submit to the authority of the security officer/guard shall be given prior to the use of deadly force.

3. Use of Warning Shots are not permitted.
4. Use of deadly force involving moving vehicles

Weapons may be fired at the driver or other occupants of a moving motor vehicle only when the Security Officer/Guard has a reasonable belief that the subject posses imminent danger of death or serious physical injury to the Security Officer/Guard  or other person, and the public safety benefits of using such force outweighs the risks to the safety of the Security Officer/Guard or other persons.

Use of deadly force against vicious animals

Deadly force may be directed against dogs or other vicious animals when necessary in self-defense or defense of others.

USE OF FORCE RESULTING IN DEATH INJURY

A.      Immediate Management Response

1.       Agency management immediately dispatches an Inspector/Supervisor to the scene to act as liaison.

2.       A Supervisor or Agency Investigator should be assigned when practical. The Special Investigator’s responsibilities are to:

Remove the Security Officer/Guard from the shooting scene, if necessary.

Assist the Security Officer/Guard as needed.

If the Security Officer/Guard discharged a firearm resulting in death or injury, ensure that the firearm and spent cartridges are placed into evidence. This applies only if the firearm involved has not been turned-over to local police authorities.

If necessary, ensure that the involved Security Officer’s/Guard’s family is personally briefed on the incident.

If the personnel is injured, provide the family transportation to the site of treatment, refer all inquiries to the Agency’s Public Relations Officer.

B.      Follow-up Response

1.       An incident report should immediately be provided to the Agency’s main office. A minimum report should provide the following information:

Date, time and place of the incident

Description of the Security Officer/Guard’s activity prior to the firearms discharge, i.e. investigation, protection, search, arrest, etc.

Reason for using force and description of the incident

Description of any weapon/s used

Lighting conditions

Distances between any individuals

Injuries caused or received

Property damage

Names of any persons arrested and list of offenses charged

Description of the weapon/s used by the offender

Identification of other persons witnessing or involved in the incident

FIREARMS DISCHARGE  NOT RESULTING IN DEATH, INJURY OR SERIOUS PROPERTY DAMAGE

1.       Security Officer/Guard who discharge firearms not resulting in death, injury or serious property damage, notify an inspector/Supervisor as soon as possible. This include unintended discharges, such as during firearms training, qualification, testing, etc.