Legal principles: criminal law, use of force, private defence and duty of care
Criminal-law baseline
The State must prove the elements of an offence, including unlawfulness and fault (intention or negligence). Negligence is measured against the reasonable person: a firearm owner is expected to foresee that an unattended, loaded or carelessly handled firearm may injure someone, and to take reasonable steps against that risk. Pointing a firearm at a person without lawful reason is itself an offence.
Private defence
Requirements: an unlawful attack that has commenced or is imminent; against life, bodily integrity, property or another protected interest; the defensive act must be necessary and reasonable/proportionate; it must be directed at the attacker; and it must stop when the attack stops. Putative private defence (an honest but unreasonable belief in an attack) may reduce culpability but does not justify. Necessity is a separate ground of justification.
Use of force and arrest
Force used to effect an arrest must be no more than reasonably necessary; deadly force is justified only where the suspect poses an immediate threat of serious bodily harm, and warnings should be given where feasible.
Duty of care
Safe storage, control of access by children and unauthorised persons, no handling while intoxicated, and no negligent discharge are all aspects of the same duty. Breach can ground both criminal liability and loss of licence.
Traps
- 'Shoot to wound' and 'warning shots' are not legal doctrines.
- Lethal force to protect mere property is almost never proportionate.
- Continuing to fire after the threat has ended turns self-defence into assault or murder.
Rule of thumb: was the attack still happening, was there no safer option, and did you stop the moment it ended?