APPLICATION OF FIREARMS BY A POLICE OFFICER AND MILITARY PERSON, ORDER AND THREAT, WHAT ARE THE LEGAL BASIS OF USE, WHICH ARTICLE OF THE FEDERAL LAW REGULATES

The use of firearms on the territory of the Russian Federation (RF) is regulated by several articles of federal laws (FZ). These are the Federal Law "On Police" (the use of firearms), the Law "On Arms" and the Law "On Private Detective and Security Activities in the Russian Federation."

The use of small arms by law enforcement agencies

The Law on Police provides for all cases in which a police officer may use a weapon. All reasons for the application are described in sufficient detail in Article 23 of this law (parts 1 and 3). In cases unforeseen by this law, the use of firearms by a police officer is unacceptable.

The procedure for the use of weapons by the police is possible only in such cases:

To protect the civilian population if an attack occurs that threatens their lives. An attack is considered life threatening, the continuation of which will be injury or death;
Also, the law on the use of weapons allows them to be used by the police in attacking a police officer, when there is a clear threat to his life and health or the criminal is trying to take possession of the police officer’s weapons.

In all these cases, the law allows the use of standard weapons. All other actions of police officers with weapons, for example, demonstration, bringing into combat readiness and even firearm strikes are not considered to be the use of weapons under Art. 23 FZ RF.

The main cases in which the conditions for the use of firearms by police officers are met

The Law on Police states that the use of physical force in conjunction with the use of firearms is possible in the following situations:

When attempting to hijack a criminal of a police car or any other vehicle that is in service with ATS. In this case, the legal basis for the use of weapons provides for a preliminary shot in the air;
If a person refuses to hand over weapons, radioactive or explosive substances that are illegally with him. In this case, the threat of the use of weapons is first demonstrated. If a person starts swinging a weapon or throwing explosive or radioactive substances at police officers or civilians, then the law permits the use of physical force using weapons;
With the release of hostages, the law allows the use of physical force and firearms only in relation to persons who may harm or kill the hostages. Against persons who do not cause physical harm to the hostages, weapons are not used (only the use of physical force is allowed);
When detaining a criminal who commits a serious crime against life, health or property. The use of firearms in this case is possible if the offender tries to escape and does not respond to a warning shot. Before using a firearm, a police officer must personally verify the fact of the unlawful actions of the violator. If a police officer acts on the basis of the testimony of witnesses, then only the use of physical force and special equipment is permitted, since the suspect may be absolutely not involved in the crime;
In repulsing an armed attack on any private or government agency, firearms are allowed;
To prevent the escapes of persons who are detained, placed in prison or escorted to move to places of punishment. When attempting to accomplish prisoner accomplices, the use of small arms is also permitted.

These points are the main thesis of the law on the use of small arms by the police.

Other cases involving the use of firearms by the Ministry of Internal Affairs

Revolver

There are other cases related to the use of firearms by police officers:

The traffic police can use for stopping the vehicles of violators not only various special means, but also standard weapon. The use of firearms is allowed only after repeated unfulfilled requirements to stop and a warning shot in the air. The fire is conducted for the mechanical destruction of the vehicle in order to stop it;
For neutralization of citizens who by their actions create a dangerous situation for other citizens and at the same time do not respond to the demands of the Ministry of Internal Affairs staff to stop;
To neutralize a dangerous wild or rabid animal that can threaten the life or health of citizens;
The limits for the use of small arms allow for the execution of shots for the purpose of giving danger signals or warning shots into the air;
Police officers may use service weapons to destroy locks that prevent police from entering the premises (on the basis of the law).

It is necessary to understand that with a permit, an employee of the Ministry of Internal Affairs has the right to penetrate any premises. The presence of the owners or owners of the premises is not required.

Article 23 also says when the use of weapons is unacceptable:

You can not shoot to kill women, the disabled or minors, if their disability or age is known or obvious to a police officer. It is allowed to use small arms to such persons only in case of resistance with the use of weapons or in group or armed attacks of these persons;
If at the crime scene there is a significant crowd of citizens who are not involved in the crime, the means used during the detention should not harm them. The use of small arms in such cases is prohibited if uncomplicated citizens can suffer.

Law concerning the use of weapons by citizens of the Russian Federation

The use of weapons and special means by citizens of the Russian Federation is regulated by the law “On Arms”. Unlike the use of firearms by the employees of the Ministry of Internal Affairs, the owner of a civilian or hunting weapon can use it only in case of emergency. Using a weapon, its owner must clearly recognize the responsibility that he will have to bear for exceeding the necessary self-defense measures. It is possible to use smooth-bore or small arms only in the following situations:

To protect your life, health or property, if there is an urgent need;
Before use, it is imperative to warn the person in respect of whom it is planned to use small arms;
A shot without warning is possible only if the delay can cost the life of the owner of the weapon or other innocent persons;
When self-defense using small arms is unacceptable harm to third parties.

It is forbidden to use firearms against women, persons with disabilities and minors. If these individuals participate in an armed or group attack, then the use of small arms is permitted. In any case, about each fact of the use of weapons for self-defense, the owner must immediately report to the nearest branch of the internal affairs bodies. If the attacker is seriously injured, the owner of the weapon is obliged to provide him with first aid and to call the doctors. If the shooter does not know how to provide first aid, it is better not to touch the wounded man before the arrival of the ambulance.

The use of weapons by military personnel

Situations of the use of weapons by servicemen are in many respects similar to situations of use of service weapons by the employees of the Ministry of Internal Affairs. All military personnel can use small arms to protect their lives and health, if it is necessary for defense. Command personnel may order their subordinates to use weapons in the following cases:

To repel various attacks on objects protected by military units, columns, vehicles and other military property;
The use of weapons by sentries is made according to the regulations, first a warning must follow and a shot into the air, then fire will be fired;
If an attempt to seize a weapon or military equipment is noticed, fire is set to kill;
The use of weapons is permitted during the detention of persons who are armed and not subject to the requirements of surrender.

In addition to these cases, the commander can personally use a weapon or order subordinates to do it in the event of a riot in the part entrusted to him.

The use of small arms and special means in the protection

The law of the Russian Federation "On private detective and security activities" allows the use of weapons by security company employees and private detectives only if the requirements specified in this law are met.

Any employee of a private security agency in the use of small arms or special means must:

Warn the offender that he is forced to use a weapon if the offender does not fulfill his requirements. In this case, the guard is obliged to give the violator enough time to fulfill their requirements. Immediate discovery of fire is possible only in cases where the violator can threaten the lives of others or the guards and the delay will lead to serious consequences;
The guard is obliged even when using small arms to try to cause minimal harm to the attacker. If possible, you just need to neutralize the offender;
When causing bodily harm or bullet wounds, the guard is obliged to provide first aid and to call the medical staff. Contacting the nearest department of internal affairs is a prerequisite;
When causing serious injuries or death of the attacker, the guard must notify the prosecutor as soon as possible.

All representatives of security agencies are required to have documents confirming their qualifications. It must be remembered that only guards of the highest (sixth) level have the right to use civilian small arms. In addition to the discharge, the guards must periodically pass checks on knowledge of the basics of the use of weapons and special means. These checks are appointed by local executive authorities, as well as their periodicity. Any excess of self-defense measures or the use of weapons without the need for it entails criminal liability.

Often one has to confront the guards with incomprehension of instructions for the use of weapons and special means, therefore, the heads of security companies must take time to explain controversial points in the job description. Often, guards believe that their form and badge is a sufficient way to explain their status. Before giving any instructions to the violator, the guard is obliged to notify him that he is a guard and is in the line of duty.

If the situation requires the use of small arms, the guard is obliged to make a warning shot in the air. Many guards in a stressful situation forget to make a warning shot, which often leads to irreparable consequences.

Article 16 clearly indicates only two cases in which special equipment or small arms can be used without warning:

If the delay entails a danger to the life and health of the guard;
If the actions of the offender can lead to irreparable consequences.

Fire without warning, in what situations is it possible?

If we consider these points in more detail, we can single out exactly which actions of the violator can threaten the life and health of the guard or the lives of other people, as a result of which it is possible to open fire without warning:

If a guard sees a firearm aimed at another person, he can fire without warning. With this item you should be very careful, because there are many models of pneumatic or souvenir weapons (it is also called oholoschenny) which in appearance does not differ from combat analogues (oholoschennoe weapons are made on the basis of combat samples, depriving them of the ability to shoot);
Attacking a guard or other person with knives or other items that can be killed. In this case, it is also worthwhile to soberly assess the situation, perhaps the distance between the criminal and the victim is quite large and the use of small arms is not necessary;
If the offender begins to strangle the guard by squeezing his throat;
When pushing out of a car or other driving vehicles while on the move, shooting without warning is also allowed;
If the attacker has sent a vehicle to a person, and there is a danger that he will die;
An attempt by an attacker to take away firearms may be stopped by shooting without warning.

In addition, there are still many abnormal situations in which the use of small arms without warning is justified. For example, attempts at drowning, burning, and similar situations.

There are various cases when there is a risk of serious consequences due to delays. Only the professionalism of a security guard can determine the real degree of danger. For example, if the offender prepared to throw a grenade or an improvised explosive device, you should immediately open fire.

Robber attack on protected property

Under the attack on the property should be understood as an attack on a security guard in order to seize the protected property. Actions associated with the seizure of another's property, by armed attack, qualify as robbery, so the security officer has the right to use firearms to protect their lives and health.

A more complicated option is the theft of property, when criminals try to steal the property entrusted to it unnoticed by a security guard. In this case, the use of firearms depends on the specific situation. It is not necessary to shoot at any stranger at the guarded object, it is possible that this is a bystander who got lost or drunk.

There is one thing about warning shots in the air. If the guard shoots without having the right to open fire, the psychological component will of course be high and the criminal will immediately come to his senses, but the actions of the guard in this case fall under the article of the administrative code (shooting in places not intended for this), and for that there is a fine.

Do not forget that the status of a private security guard is valid only during his duty. In his spare time, the guard is an ordinary person, and all his actions with the use of weapons fall under the articles of the Law on Weapons applicable to ordinary citizens.

Using weapons to protect your home and property

As a firearm for the defense of your apartment or private house, you can choose two options:

Traumatic weapon;
Hunting weapons.

If the first option is more or less clear, then the second should be considered in more detail. Since there are a lot of hunters in Russia, it would be foolish for them to buy a traumatic pistol to protect their property. Moreover, the destructive force of a smooth-bore gun cannot be compared with the power of a traumatic weapon.

The best option to use a gun when protecting against robbers will be the bloodless option. Try to just keep the criminal on the gun before the arrival of the police. You can shoot over his head to demonstrate his seriousness (and the police will arrive faster and wake up the neighbors). If the offender behaves unpredictably and tries to run away or is waiting for the moment to attack you, it is better to let him leave than to shoot to kill. This will save you from problems in excess of the necessary self-defense measures.

The use of small arms in Russia is a rather slippery topic. Civilians are advised to use firearms only in the most extreme cases when the threat to life is obvious.