Letter Re: Use of Force in Retreat Security–Planning for Rules of Engagement and Levels of Force

James,

I finished my copy of the [post-nuke novel] “Malevil” [by Robert Merle.] One scene that was particularly well done was when the looter/vandals start destroying the wheat planting. I could see myself paralyzed by the dilemma: If they completely destroy my garden,then my family’s survival becomes less–perhaps very much less–probable. When I start shooting them their probability of survival drops to zero.

From my understanding of decision making, especially decision making under stress, it is very important to have crystal clear, absolutely unambiguous triggers or “switches”. Pull that trigger or switch and the pre-made decision is implemented.

Triggers need to be revisited as circumstances change. Rowdies pilfering pears from the tree in your yard should elicit a different response today than it would after TSHTF.
I can make the case that anybody who does not demonstrate absolute respect for another’s private property will imperil other’s lives post TSHTF. Post TSHTF, the margin for error will be very much less. The margin between a child surviving until the next harvest, or not surviving, could easily be as small as 25 pounds of corn or wheat. Under a “Malevil” or “Patriots: Surviving the Coming Collapse” scenario I think I would have few qualms about shooting. However, circumstances that are less absolute would be very difficult for me.

I suspect that you have given the topic substantial thought. Is there a short list of questions to “test” a circumstance-a short list that would be of use to the SurvivalBlog community? Thank You, – Joe and Ellen

JWR: Replies: One important yet sadly under-emphasized aspect of preparedness is access to less-than-lethal weaponry.

Having less-than-lethal weapons available to supplement your firearms is important for two reasons: 1.) To show restraint and respect for human life, and 2.) To keep you out of jail for reckless endangerment, assault, attempted murder, or murder. I cannot overstate the point that the chances of a full-blown multigenerational societal collapse are very small, Thus, the odds are that you will still have contact with functioning police and sheriff departments, and might end up answering to the criminal justice system if you use unjustifiable or disproportionate force in self defense.

Of course if someone is shooting at you, you have the right and duty to defend yourself and your family. (As a Christian, I found this piece by Brandon Staggs, and this Crusader Knight piece helped me resolve this issue with certainty.)

Do not endanger yourself unnecessarily just for the sake of employing less than lethal weapons. There could very well be a situation where you think that you are dealing with an unarmed intruder, only to have them then produce a concealed weapon. If that happens, it could easily get you killed. For that reason, I recommend concentrating on less-than-lethal weapons that you can employ from a distance. Anything “up close and personal” has multiple risks. One of the principles that is stressed again and again when training police officers and prison guards is that proximity increases risk. If you can maintain distance form your opponent, you will minimize your risk of being overpowered or killed. This also meshes nicely with the “defense in depth” approach that I stress with my consulting clients. By placing multiple barriers between your family and the bad guys, you will greatly increases your chances of avoiding harm.

Sometimes a display of force will be enough to discourage looters to go find easier pickings. One of my consulting clients is rancher in the intermountain west that has large a 3/4″-thick steel plate hung up on chains above his perimeter fence gate, which is 250 yards from his house. (He has a typical western ranch entry gate with a very high, stout crosspiece.) He’s told me is that his intention is that if miscreants stop and show signs of forcing his gate, he will used a scoped FAL rifle to apply several rapid shots to that steel plate. He calls it his “Go away” bell. Hearing that “bell” will be a clear message to the malo hombres: “You have 250 yards of open ground to traverse to get to my house. Do you feel lucky, or bulletproof?”

In hours of darkness, in genuinely Schumeresque times, it is likely that a semi-auto burst of tracers fired over the heads of a gang of looters might have a similar effect. One of my readers also suggested placing Tannerite targets in prominent positions around a retreat perimeter. Depending on the circumstances, that might be a good technique for getting ruffians to leave.

One strong proviso: The use of “warning shots” could be misconstrued. State laws on this vary widely. In some states, this is often considered justifiable, but it in others it is a potential felony. I would only recommend doing this in the midst of a true “worst case” societal collapse, only from a long distance (firing from cover), and only if no law enforcement were available to call. Do not do this in present day circumstances or you will risk getting sued or prosecuted!

Please don’t mistake any of the foregoing as sure solutions. Merely scaring off looters might not be sufficient. Certainly don’t use displays of force more than once, per customer. The first time should be their only warning. Be prepared, if need be, to follow it up with a genuine dose of RBC if they persist and thereby demonstrate that they plan to do you in.

Here are some other non-lethal weapon options:

Pepper Spray Alarms – either trip wired or set off by electronic sensor. These can fill a room with pepper spray in seconds. One variant fires up to four times in sequence. A friend of mine has one of these mounted in the vented bottom of a mailbox on his porch. It is wired for activation (on command) from inside the house.

“Ferret” 12 gauge shells (These are shotgun shells, that instead of lead pellets contain large capsules of CS tear gas or OC powder. They form an irritant dust cloud, on impact. These are not very effective outdoors, but they are very effective in enclosed spaces. Say, for example, you saw an intruder enter your garden shed, but would feel endangered if you left your house to approach the shed to confront him. Two or three Ferret rounds fired into the shed would probably do the trick. (Passing through a sheet of plywood, in fact, is the best way to get full dispersal from a Ferret round.

CS riot control grenades. These are similar to a smoke grenade, but issue forth huge clouds of CS smoke. I see a few of these at gun shows, including some that were marketed by Smith & Wesson. They can be thrown, but also could also be rigged to be set off by pulling a cable or lanyard, from a considerable distance. Since most of these these are pyrotechnic, be forewarned that there is a fire hazard. Some of the latest ones use CO2 to propel a vapor.

Rubber bullets and beanbag rounds. These are deigned to bruise rather than penetrate. (This ammo was originally designed for riot control.) Be careful to aim fairly low to void any pellets striking you opponent in the face.

Speaking of these, I’ve heard of rubber bullets being used on moose and bear in residential areas. These critters often become destructive, typically tearing apart people’s fruit and nut trees. Rubber bullets and 12 gauge beanbags are a non-lethal solution.

Pepper gas and CS (liquid stream or fog) dispensers. These are risky because they requite proximity. But at least the dispensers are small and can be kept close at hand. Here at the Rawles Ranch we have occasional ursine visitors, so except in winter (when bears are denned up) all of the members of our family habitually go armed whenever we step more than a few yards away from our house. Before they were old enough to carry handguns, our children usually carried large 15% pepper spray (OC) canisters.

Tasers. These could be practical, but again, they are only useful with about 15 feet. I don’t recommend them unless you live in a gun-deprived locality.

Stun guns. Even worse than a Taser, these require direct contact. I don’t recommend them

Impact weapons (Batons, kubatons, walking sticks, et cetera) These are at the bottom of my list because they require immediate contact. They also require considerable training and practice. Their application in subduing someone is practically a martial art form, and is much, much more difficult than portrayed in movies and television. Too little force can merely be antagonistic or possibly result in a miscreant disarming you and use the weapon on you. . Too much force can be crippling, disfiguring, or lethal. (Any blows to the neck or head, for example, are potentially lethal, and if you use them, in the eyes of the law it would not be much different than pulling the trigger of a gun.)

You might also find some other weapon possibilities at the Less-Lethal.org web site.

Without having non-lethal weapons available, your only other choice would be attempting to use a lethal weapon in a less than lethal manner (typically, with warning shots.) Do not consider using a firearm with the intent to wound an opponent. By doing so, at the very least you will create an adversary that will most likely seek vengeance whenever and wherever he can get it: There is nothing quite like a vendetta, particularly during a period of lawlessness. He may later ambush you. He may snipe at your retreat from long distance. He may poison your well. He may burn your grain fields. He may even wait and later meet you in court, where he will have some nasty scars to display. I regularly get letters from readers, asking about using bird shot or the proverbial “shotgun loaded with rock salt”. Those are both likely to either get you killed, or get you sued out of all of your worldly possessions. In short: don’t consider using any intentionally maiming weapon.

Whenever you use amy weapon, you need to think through the implications. Even what looks like a “worst case” situation might suddenly and unexpectedly end. When order is restored, you could be facing your opponent in the most dangerous arena of all: the courtroom.

Think Through Anticipated Levels of Force

When police officers train, they typically learn force escalation. An officer doesn’t doesn’t use his service automatic on an unruly drunk. That would be considered grossly disproportionate force. Law enforcement officers have detailed rules of proportionate force and force escalation drilled into them from Day One at the academy. Civilians are not held to quite the same standards, but proportionate force and reciprocal escalation of force are both long-standing precepts used by the court system in judging guilt or innocence.

There might be a situation where uninvited guests are raiding your garden or fruit trees. If it is dark (quite likely), you may not be able to determine if they are armed. In such a situation, it might be better to have alternatives like trip flares or remotely triggered floodlights. Also see some of the recent SurvivalBlog posts on infrared (IR) floodlights and/or IR cyalume trip flares used in conjunction with Starlight technology (light amplification) night vision gear. These will give you a strong advantage and most likely send the ruffians to flight.

Is Mr. Badguy there to siphon the gas out of your vehicle, or steal the vehicle itself? Does he want apples from your orchard, or does he want to kill you and take over your retreat? Is he there to steal a couple of chickens, or to kidnap your daughter? Does a stranger merely want a handout or is he looking for the chance to carry out a home invasion?

How can you determine their intentions? That is a toughie. But there are some red flags to watch for. If a party that is approaching your retreat dwelling is entirely armed men, then odds are that they have murder on their minds. But if a group includes women and children, the threat level is likely much lower. (They probably wouldn’t endanger them if they were expecting lead to soon be flying.) Are they dressed in normal clothes, or in BDUs and war paint?

Is law enforcement help available? If law enforcement evaporates at some point in the future, even people living inside city limits may be in a comparable situation.

There is an old saying: “When the only tool you have is a hammer, every problem starts to look like a nail.” Make the effort to acquire non-lethal weapons. I’d hate to see a SurvivalBlog reader use excessive force, just for lack of a less-than-lethal arrow in his quiver. Use them, when possible, but again only if and when doing so won’t endanger yourself or your family.

Ironically, in many cases it is easier in the US to acquire lethal ammo than it is to buy non-lethal ammo and items like CS gas grenades. (Often, although they are legal to possess in most jurisdictions, because of company sales policies they can only be ordered on law enforcement letterhead.) So finding what you need might take a bit of looking and/or require the aid of sympathetic intermediaries. Two closing proviso: Consult your state and local laws before ordering any weapons, be they lethal, less-than-lethal, or non-lethal. None of the preceding should be considered legal advise. Consult your local laws and, as appropriate, seek qualified legal counsel.