Armed Citizens: Extreme Caution is Required in Third-Party Defense Situations, Especially Those Involving Police

Image by Oleg Volk, used with permission

Armed citizens should exercise extreme caution before inserting themselves into conflicts involving third parties. That same prudent hesitation you would apply to any third-party conflict also applies to police-involved situations—only more so. You’re risking a great deal, and you need to be dead-certain (pun intended) that your actions are necessary, legally justified, and unlikely to make a bad situation worse before you act.

Even if you become involved and act righteously, the potential negative consequences are substantial. What’s more, you’re risking a lot on behalf of people you don’t even know. Your life, your freedom, your finances, and your family’s stability are all on the line. Are those things worth risking for a third party? It’s a question best considered before life hands you a crap sandwich and teases you to take a bite.

Why is third-party defense so risky? Consider the very real risk of misidentification by law enforcement. Officers responding to reports of gunfire are operating in a compressed, chaotic environment with incomplete information. When they see a person with a gun, they don’t automatically know your intentions.

In November 2018 at the Riverchase Galleria mall in Hoover, Alabama, 21-year-old Emantic “E.J.” Bradford Jr., a US Army soldier on leave who held a valid concealed carry permit, drew his handgun and moved toward the sound of shots during an active shooting incident in an apparent effort to help.

Amid panicked shoppers and rapidly unfolding events, officers mistook him for the killer and fatally shot him from behind without issuing a verbal warning. To make matter worse, city leaders threw Mr. Bradford under the bus after it was all over. That’s quite a “thank you” for risking everything trying to save lives.

Courts later determined the officer’s split-second decision was reasonable given the circumstances. Bradford’s family pursued legal action, but didn’t prevail. A young man acting on good intentions became a casualty of the very confusion that defines these kinds of scenes.

A parallel danger exists with other lawfully armed citizens. In the fog of an active shooter event, a robbery or confrontation, another CCW holder could reasonably perceive you as part of the threat, particularly if you’re moving toward the danger with a firearm in hand. Also consider that other CCW holders might not be nearly as well-trained, either. They may want to find their way onto the pages of the American Rifleman’s Armed Citizen column and act before they have correctly discerned what’s really happening.

Without badges, radios, or coordinated training, the potential for tragic friendly fire between good guys is real and well-documented in after-action reviews of chaotic incidents.

Not only that, but the average citizen operates with far fewer legal protections than sworn officers. Police enjoy qualified immunity in many use-of-force situations and benefit from departmental or union legal support. Private citizens do not.

Even when your intervention is later ruled a justified use of force under defense-of-others statutes, which most states recognize, you can still face civil lawsuits from the criminal, his family or his estate alleging wrongful death, excessive force, or negligence. How sweet is that?

What else? The local municipality isn’t going to pay your legal bills. If you don’t have some sort of legal defense coverage (like CCW Safe, US LawShield or USCCA, etc.), the legal costs alone will bankrupt you unless you happen to have a couple of hundred thousand dollars tucked away at Chase Bank. Even then, that might not be enough.

One instructive case involved an Indiana woman who shot and killed a man actively attacking a conservation officer in order to save the officer’s life. Despite widespread initial praise for her actions, the attacker’s family filed a civil wrongful death lawsuit against her. Although the suit was ultimately resolved in her favor, she endured significant legal costs and stress that highlight the exposure good Samaritans often face.

Pretty much every state permits the use of reasonable force, including deadly force when necessary, to defend yourself or another person from imminent death or great bodily harm. However, that protection isn’t ironclad in the civil arena, and hindsight review by attorneys, judges, and juries can be unforgiving when facts are disputed or video evidence is absent or ambiguous.

If you can render meaningful assistance with minimal risk to yourself or your loved ones — directing people to safety, providing accurate information to 911 dispatchers, or rendering first aid once a threat is clearly neutralized — then stepping forward is often the right thing to do. Responsible armed citizens do this regularly without ever drawing a gun or firing a shot.

Obviously, a whole lot of us aren’t going to stand by and let a police officer die on the side of the road at the hands of one or more murderous thugs. Yet even when the circumstances are truly dire, you need to understand that you’re risking a lot when you intervene.

When the scenario requires engaging in or escalating deadly force during an ongoing police/criminal confrontation, think long and hard.

Ask yourself: Is the threat to innocents truly imminent and unavoidable without my involvement? Can I act without creating additional targets or confusion? Will my family be left to deal with the aftermath if things go wrong? Unlike the police, you aren’t wearing body armor. You could get shot and wounded, crippled or killed in a gun battle.

In the majority of cases, the best contribution you can make is to get yourself and your family to safety, keep your firearm holstered and concealed, and serve as the best possible witness once the scene is stabilized. Instead of firing on a suspect, the better course of action might involve dragging a wounded officer to safety or taking other action to save innocent life.

Carrying a firearm for self-defense is a profound responsibility. It requires more than just range time. It demands clear judgment, knowledge of the law, and the discipline to recognize when the wisest and most courageous action is…restraint.

Prioritize the people who count on you coming home. Train realistically. Know your rights and your limitations. And never forget that true preparedness includes knowing when not to draw.

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