Courses / Self-loading rifle / Lesson 5
When you may use it
Private defence, necessity and the law. Lesson 5 of 8 · about 7 minutes to watch.
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Step through the slides. The trainer's words are under each one.
When you may use it
Self-loading rifle, lesson 5 of 8: private defence, necessity and the law
The unit standard asks you to describe the common law on private defence and necessity, and the situations in which a rifle may and may not be used. This lesson gives you the general principles, as they're usually stated. It isn't legal advice, and in any real case a court decides on all the facts.
Most lawful use is ordinary and planned
- Target shooting on an accredited range
- Hunting, lawfully, with the right permissions
- Club matches and practice
For Thandi, almost every shot she'll ever fire is on a range or at a match: planned, supervised and lawful. Hunting is lawful too, with the right licence and the landowner's and province's permissions. Using a firearm against a person is a completely different matter. The law allows it only in narrow circumstances, which the rest of this lesson explains.
Private defence: what has to be true
| The attack must be… | The defence must be… |
|---|---|
| Unlawful | Directed at the attacker |
| Against a protected interest, such as life or body | Necessary to stop the attack |
| Already started, or about to start | Reasonable in the circumstances |
| Not already over | Used only while the attack lasts |
Private defence, sometimes called self-defence, is a defence the common law allows when you act to stop an unlawful attack. As it's usually stated, the attack must be unlawful, aimed at a legally protected interest such as your life or body, and it must have started or be about to start. It can't be over: once an attacker has stopped or fled, there's nothing left to defend against. The defence must be aimed at the attacker, necessary to stop the attack, and reasonable in all the circumstances. A court looks at everything that happened, after the event, and decides whether those requirements were met.
Necessary and reasonable is a high bar
- Could you have avoided it, or left?
- Was there a less dangerous way to stop it?
- Did your response match the threat?
- Did you stop once the threat stopped?
These are the kinds of questions a court will ask. Was there a safe way out? Was there a less harmful way to stop the attack? Did what you did match the danger you faced? And did you stop when the danger stopped? A rifle is a powerful firearm, and a bullet can travel far beyond the person it's aimed at. Every one of these questions gets harder to answer in your favour if a shot was fired.
Necessity: a different defence
| Compare | Private defence | Necessity |
|---|---|---|
| The danger comes from | An unlawful attack by a person | Something else, such as an animal or an emergency |
| You harm | The attacker | An innocent person's interest, such as their property |
| It must be | Necessary and reasonable | Necessary and reasonable |
Necessity is a separate defence. It applies where you face danger that isn't an unlawful attack, for example a dangerous animal or an emergency, and the only way to escape it is to harm an innocent person's interest. A common example is shooting someone's dog that is attacking a child when there's no other way to stop it: the dog's owner did nothing wrong, but the harm to their property may be justified. As with private defence, what you did must have been necessary and reasonable, and a court decides on the facts.
Situations where you may not use it
| Situation | Why not |
|---|---|
| Pointing it at someone as a joke | Pointing, loaded or not, is an offence (s120(6)) |
| Firing into the air at New Year | Firing in a built-up or public place without good reason (s120(7)) |
| Shooting at a thief who is running away | The attack is over |
| Threatening someone in an argument | No unlawful attack; pointing is an offence |
Here are situations where using a rifle is not lawful. Pointing it at someone, even unloaded, even as a joke, is an offence under section 120(6) with up to ten years. Firing into the air at a celebration is firing in a built-up or public place without good reason, under section 120(7). Shooting at a thief who is running away: the attack is over, so private defence doesn't apply. And threatening someone during an argument is no defence at all.
Leaving is often the safest choice
- Avoid trouble before it starts
- If you can get away safely, do
- Call the police
Anel puts it simply: the best confrontation is the one that never happens. If you can safely avoid or leave a dangerous situation, that is almost always the right choice, and it's what a court will look at. Call the police. And remember that you are accountable for every shot you fire, wherever it goes.
Thandi asks about her rifle at home
Thandi asks Anel: 'My rifle is licensed for sport. Is it a home-defence rifle too?'
Thandi asks a good question. Her rifle is licensed under section 16, for sport shooting, and it lives in her safe. Anel's answer is to licence a firearm for the purpose you actually have. A self-loading rifle for self-defence is a restricted firearm under section 14, and it's granted only if a section 13 firearm wouldn't protect you enough. Whatever the licence, the common-law rules on private defence apply to anyone who uses force, and a court decides on the facts.
Your turn
Before lesson 6
- Do the exercise: Which applies?
- Answer four quick questions on this lesson
- Apply: think of one situation where leaving is the safest choice
In the exercise, decide whether private defence or necessity might apply, or neither. Then answer four questions. And think about one situation in your own life where simply leaving would be the safest choice. Next lesson, back to the range: stance, grip, aim and trigger.
Do: Which applies?
For each situation, could private defence or necessity apply, or neither? A court decides on all the facts; this is about the principles.
Check
Four quick questions. The reason shows as soon as you answer.
Apply
Where this shows up in your own life.
Think of one situation in your own life where leaving would be the safest choice.
Ridgeview Firearms Academy and its people are fictional. This is study material written from the Firearms Control Act and the SAQA unit standards. It isn't an accredited course or legal advice; your accredited training provider runs the official tests.