August 2000 Issues Related to Recently, there has been an
ever-increasing interest in the use of less-than-lethal munitions. While
less-than-lethal force is certainly an alternative, there are other issues that agencies
must address prior to implementing a less-than-lethal munitions policy. First, let’s look at what is now
available. There are several varieties of 12-gauge shotgun ammunition available that
are considered less-than-lethal alternatives. You may purchase rubber slugs, rubber
buckshot, plastic birdshot, bean bag rounds, projectiles filled with OC, CS, or CN, as
well as distraction device rounds. Other types of munitions available are the baton
rounds for 37mm and 40mm weapons, the spray foam glue, and the net guns. While less-than-lethal munitions do
present an alternative, officers that are responding to lethal force encounters with
less-than-lethal force munitions may be putting themselves at risk. If someone is
attacking an officer with a firearm, and that officer responds with some less-than-lethal
munition that does not incapacitate the suspect, the officer may be in harms way. Agencies should give some
thought as to how and where less-than-lethal munitions are carried. One
recommendation is to have a weapon solely dedicated to less-than-lethal munitions and this
weapon is so marked either by painting the stock and forearm a bright orange or yellow, or
by placing a large stencil on the stock noting that the weapon is loaded with
less-than-lethal munitions. I would not paint the weapon red as officers are used to
training with so called “red guns” that are, in fact, not weapons at all but are
used in scenario or defensive tactics training. If an officer were to have to
clear a shotgun loaded with buckshot in order to load a beanbag round, the problems could
be twofold. First the officer under stress may not get the correct number of rounds
out of the shotgun to insert the less-than-lethal munitions into the chamber. Now
the officer fires what he or she believes to be less-than-lethal munitions only to have
fired a slug or buckshot. Now deadly force has been used in a less-than-lethal
force encounter. You can imagine the liability in such a scenario. Remember, under
fear-induced stress the heart rate increases and the motor skills deteriorate. In
addition, if the officer is trying to eject live rounds in order to load less-than-lethal
rounds, is the suspect getting closer to the officer.
Less-than-lethal munitions can inflict lethal force when fired at too close a
range. If the suspect gets too close, the officer might be overpowered and the
suspect attempt to obtain the officers sidearm - truly placing the officer at risk. While less-than-lethal munitions are
an alternative means of subject control they may not be the answer to every encounter,
especially an encounter where the suspect is attempting to use lethal force on an officer.
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