When you may use it

This lesson is about the most serious decision a firearm owner can face: using it against a person. The rules come from the common law, which courts have developed over many years, not only from the Firearms Control Act. A court decides every case on all its facts. So we teach the general principles here, and the clear message that getting yourself and others away safely is almost always the better choice. This isn't legal advice.

Private defence has two halves: the attack and the defence. First, the attack. It must be unlawful. It must be against an interest the law protects, such as someone's life, body or property. And it must have begun or be about to begin: not something that is already over, and not a threat for some time in the future. If the attack is over and the attacker is running away, there is nothing left to defend against.

Second, the defence. It must be directed against the attacker. It must be necessary, meaning there was no safer, less harmful way to avoid the attack. And it must be reasonable in all the circumstances, broadly in proportion to the attack. A court looks at everything: what you knew, what options you had, and what you did.

Necessity is a different defence. In private defence you act against the person attacking you. In necessity, you act to avoid a danger, and the harm you cause may fall on someone, or something, that did not create the danger. Courts treat necessity strictly. Again, they decide on all the facts.

With a shotgun there is extra to think about. The shot spreads, so people near the target can be hit. Shot can pass through thin walls and doors into rooms beyond. Even in an emergency, rule four still applies: know your target and what is beyond it.

Some examples, in general terms only. Someone breaks in and attacks you with a weapon, and you cannot get away: private defence may apply, and a court would decide. A thief runs away with your property and is no longer a danger: the attack is over, so no. Someone shouting threats from across the road: no attack has begun or is imminent. Firing in the air to scare people, or at a celebration: that is an offence of firing in a built-up area or public place. And pointing a firearm to warn someone off, loaded or not, is itself an offence, with up to ten years.

Johan's shotgun is licensed for occasional hunting and sport, and he uses it for clays. Anel asks him what he would do if he heard an intruder at night. His answer is the right one: get his wife and himself to safety, lock the bedroom door and call for help. A firearm is the last resort, and the law expects you to treat it that way.

Before you move on, do the exercise, Which applies?, and answer four quick questions on this lesson. Then, in your own time: think of one situation where leaving is the safest choice. Next: the fundamentals of shooting a shotgun well.