Department of Defense

DIRECTIVE

NUMBER 5210.56 NUMBER 5210.56

April 1, 2011 April 1, 2011

USD(I) USD(I)

SUBJECT: Carrying of Firearms and the Use of Force by DoD Personnel Engaged in
Security,
Law and Order, or Counterintelligence Activities
SUBJECT: Carrying of Firearms and the Use of Force by DoD Personnel Engaged in
Security,
Law and Order, or Counterintelligence Activities

References: See Enclosure 1 References: See Enclosure 1

1. PURPOSE1. PURPOSE. This Directive:

a. Reissues DoD Directive (DoDD) 5210.56 (Reference (a)) to establish DoD policy
and
assign responsibilities for carrying of firearms and the use of force by DoD
personnel engaged in
security, law and order, or counterintelligence activities.

b. Cancels Deputy Secretary of Defense Memorandum (Reference (b)).

c. Implements section 1585 of title 10, United States Code (U.S.C.) (Reference
(c)), which
authorizes civilian officers and employees of the Department of Defense to carry
firearms or
other appropriate weapons while assigned investigative duties or such other duties
as the
Secretary of Defense may prescribe, under regulations to be prescribed by the
Secretary.
 d. Provides requirements, authorizations, and restrictions for carrying firearms
and the use of
force to protect DoD installations, property, and personnel, and to enforce law and
order in
accordance with DoD Instruction (DoDI) 5200.08 and DoD 5200.08-R (References (d)
and (e)).

e. Provides overarching guidance for developing DoD Component policies,

regulations, and
procedures.

2. APPLICABILITY. This Directive:

a. Applies to:

(1) OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs
of
Staff and the Joint Staff, the Combatant Commands, the Office of the Inspector
General of the
Department of Defense (IG, DoD), the Defense Agencies, the DoD Field Activities,
and all other
organizational entities within the Department of Defense (hereafter referred to
collectively as the
“DoD Components”).

(2) DoD military and DoD civilian personnel engaged in security, law and order, or
counterintelligence activities as outlined in Enclosure 2, subparagraphs 1.b.(2)(a)
through (f).

(3) DoD contractor personnel (U.S. persons or non-U.S. persons) required to carry a
firearm in accordance with applicable U.S. laws or host nation laws or
international agreements.

b. Does NOT apply to:

(1) DoD military personnel engaged in military operations subject to rules of

engagement. These personnel shall be subject to the policy in Chairman of the Joint
Chiefs of
Staff Instruction 3121.01B (Reference (f)).

(2) DoD personnel in an overseas location not under the authority or subject to the
control of a U.S. military commander as agreed by appropriate memorandum of
agreement in
accordance with DoDI 5210.84 (Reference (g)).

3. DEFINITIONS. See Glossary.

4. POLICY. It is DoD policy that:

a. DoD personnel, to whom this Directive is applicable, shall be appropriately

armed and
have the inherent right to self-defense.

b. Arming DoD personnel with firearms shall be limited and controlled. Qualified
personnel
shall be armed when required for assigned duties and there is reasonable
expectation that DoD
installations, property, or personnel lives or DoD assets will be jeopardized if
personnel are not
armed. Evaluation of the necessity to arm DoD personnel shall be made with the
consideration
of the possible consequences of accidental or indiscriminate use of those arms.
However, the
overriding factors in determining whether or not to arm are the mission and threat.
Arming DoD
personnel (i.e., administrative, assessment, or inspection, not regularly engaged
in or directly
supervising security or law enforcement activities) shall be limited to missions or
threats and the
immediate need to protect DoD assets or persons’ lives. DoD Components have the
discretion to
keep designated staff personnel qualified and available or on call to perform
duties.

c. Arming personnel of the Office of the Inspector General and the Military
Criminal
Investigative Organizations (MCIO) shall be consistent with this Directive and DoD
Component
authorities and policies.

d. The use of force, including less-lethal force and deadly force, shall be
implemented in
accordance with this Directive and DoD Component supplementing guidance.
 e. The use of force shall be reasonable to accomplish assigned duties as
delineated in
Enclosure 2 of this Directive. See the Glossary for the definition of “reasonable.”

f. The workforce mix (military, civilian, contractor personnel) shall be

established to
accomplish Defense missions commensurate with acceptable risk. See DoDI 1100.22
(Reference (h)) for determining appropriate workforce mix.

5. RESPONSIBILITIES. See Enclosure 3.

6. INFORMATION REQUIREMENTS. The annual reporting requirements in Enclosure 2,

subparagraph 1.b.(12), is exempt from licensing in accordance with paragraph C4.4.7
of DoD
Manual 8910.1-M (Reference (i)).

7. RELEASABILITY. UNLIMITED. This Directive is approved for public release and is

available on the Internet from the DoD Issuances Website at
http://www.dtic.mil/whs/directives.

8. EFFECTIVE DATE. This Directive is effective upon its publication to the DoD
Issuances
Website.

William J. Lynn III

Deputy Secretary of Defense

Enclosures
1. References

2. Authorizations and Restrictions

3. Responsibilities

Glossary
ENCLOSURE 1

REFERENCES

(a) DoD Directive 5210.56, “Use of Deadly Force and the Carrying of Firearms by DoD
Personnel Engaged in Law Enforcement and Security Duties,” November 1, 2001 (hereby
cancelled)

(b) Deputy Secretary of Defense Memorandum, “DoD Use of Force Policy,” July 11,
2006
(hereby cancelled)

(c) Section 1585 of title 10, United States Code

(d) DoD Instruction 5200.08, “Security of DoD Installations and Resources and the
DoD
Physical Security Review Board (PSRB),” December 10, 2005

(e) DoD 5200.08-R, “Physical Security Program,” April 9, 2007

(f) Chairman of the Joint Chiefs of Staff Instruction 3121.01B, “Standing Rules of
Engagement/Standing Rules for the Use of Force for U.S. Forces,” 13 June 2005

(g) DoD Instruction 5210.84, “Security of DoD Personnel at U.S. Missions Abroad,”
January 22, 1992

(h) DoD Instruction 1100.22, “ Policy and Procedures for Determining Workforce
Mix,” April
12, 2010

(i) DoD 8910.1-M, “Department of Defense Procedures for Management of Information

Requirements,” June 30, 1998

(j) DoD 5200.2-R, “Personnel Security Program,” January 1987

(k) 18 U.S.C. 922(g)(9)

(l) DoD Instruction 6400.06, “Domestic Abuse Involving DoD Military and Certain
Affiliated
Personnel,” August 21, 2007

(m) DoD Instruction O-2000.22, “Designation and Physical Protection of DoD High
Risk
Personnel (HRP),” January 22, 2008

(n) DoD 5100.76-M, “Physical Security of Sensitive Conventional Arms, Ammunition,

and
Explosives,” August 12, 2000

(o) DoD Instruction 5200.33, “Defense Courier Operations (DCO),” May 19, 2007

(p) Sections 1540.111 and 1544.219 of title 49, Code of Federal Regulations, as
amended

(q) Defense Transportation Regulation 4500.9-R, “Defense Transportation Regulation

(DTR),”
Parts I-VII, current edition

(r) DoD Directive 3000.3, “Policy for Non-Lethal Weapons,” July 9, 1996

(s) Graham v. Connor, 490 U.S. 386 (1989)

ENCLOSURE 2

AUTHORIZATIONS AND RESTRICTIONS

1. FIREARMS

a. Suitability and Screening

(1) DoD Components shall comply with the provisions in DoD 5200.2-R (Reference
(j))
and ensure persons carrying firearms are suitable for the position and have
undergone the
background investigation appropriate for the duties performed.

(2) The 1968 Gun Control Act and subsequent 1996 Lautenberg Amendment, which are
codified in 18 U.S.C 922(g)(9) (Reference (k)), prohibit anyone convicted of a
felony, a
domestic violence misdemeanor, or subject to a domestic violence protective order
to ship,
transport, possess, or receive firearms or ammunition. Reference (h), as enacted
and amended,
contains a public interest exception for all but one of the nine disqualification
categories,
specifically subsection 922(g)(9), the Lautenberg Amendment. This amendment makes
it a
felony for anyone who has ever been convicted of a domestic violence misdemeanor
prior to or
after the passage of the September 30, 1996 law to possess firearms or ammunition.
There is no
exception for law enforcement or military personnel with qualifying convictions. It
is illegal to
provide a firearm or ammunition to anyone convicted of such a domestic violence
misdemeanor.

(3) DoD Components shall comply with the provisions of Reference (k) and ensure
that
persons carrying firearms have been properly screened in accordance with DoDI
6400.06
(Reference (l)) and have completed and submitted DD Form 2760, “Qualification to
Possess
Firearms or Ammunition,” located at
http://www.dtic.mil/whs/directives/infomgt/forms/ddforms2500-2999.htm. DoD
Components
shall post Lautenberg Amendment notices and procedures for its implementation in
all facilities
in which Government firearms or ammunition are stored, issued, disposed of, or
transported, in
accordance with Reference (l).

(4) DoD Component commanders or civilian directors shall evaluate the need to
suspend
arming authorizations of DoD personnel who are under investigation or have been
arrested or
apprehended for incidents involving domestic violence or other appropriate matters.
If
suspension is warranted, any Government-issued firearms or ammunition (including
firearm non-
munitions) or non-lethal weapons (NLW) shall be retrieved until the matter is
resolved and a
final determination is made.

b. Authorizing Arming

(1) Personnel may be authorized to be armed, consistent with paragraphs 4.a. and
4.b.
above the signature of this Directive.
 (2) Personnel authorized to be armed shall be thoroughly briefed on their
individual
responsibilities and shall receive mandatory training in accordance with this
Directive, applicable
DoD issuances, and DoD Component requirements and standards when performing:

(a) Duties related to security or law and order duties, criminal investigations,
or
counterintelligence investigations.

(b) Protection of the President of the United States, high-ranking Government

officials, DoD personnel, and foreign dignitaries. See DoDI O-2000.22 (Reference
(m)) for
guidance regarding protection of high-risk personnel.

(c) Safeguarding classified information, systems, equipment, and other classified

Government assets.

(d) Security of Government installations and sites, property, and persons, to

include
prisoners, in relation to a DoD mission or activity.

(e) Personal protection in overseas locations when the supporting intelligence

center
or office with responsibility comparable to a headquarters intelligence center or
supporting
defense criminal investigation organization (DCIO) or MCIO identifies a credible
and specific
threat against DoD person(s) in that regional area. Firearms shall not be issued
indiscriminately
for the purpose of personal protection. Before individuals are authorized to be
armed, the Head
of the DoD Component (or designee) must evaluate the probability of the threat in a
particular
location, the adequacy of support by DoD protective personnel, the adequacy of
protection by
U.S. or host-nation authorities, and the effectiveness of other means to avoid
attacks. The Head
of the DoD Component concerned (or designee) shall only grant authorization to
carry a firearm
for personal protection on a case-by-case basis and only for the duration of the
specific
assignment or threat.

(f) Non-duty, short-notice recall. Designated personnel while in a non-duty,

short-
notice recall status are required to respond to exigent security or suspicious
activities or criminal
incidents. DoD Components shall ensure compliance with subparagraphs 1.b.(9), (10),
and (11)
of this enclosure.

(3) Security, law enforcement, or other designated personnel who routinely engage
in
duties or activities where firearms proficiency is required shall satisfactorily
complete DoD
Component-approved training every 12 months, including firearms familiarization
(classroom
academic), live-fire qualification, and use-of-force training. In addition, DoD
Components will
consider periodic sustainment training for personnel to maintain firearms
familiarization and
proficiency.

(a) Personnel authorized to carry a firearm pursuant to this Directive who do not
fall
into the category of individuals in subparagraph 1.b.(3) of this enclosure shall
satisfactorily
complete DoD Component-approved firearm and use-of-force training every 12 months,
as a
minimum.
 (b) For circumstances that critically affect mission accomplishment, Heads of the
DoD Components (or designees) may grant extensions for live-fire qualification up
to
12 months, and not to exceed a total qualification period of 24 months for
personnel in
subparagraph 1.b.(3)(a) of this enclosure. Extensions do not change the requirement
for firearms
familiarization and use-of-force training. The use of firearm training simulators,
although not a
substitute for live-fire qualification, is recommended for personnel to maintain
firearm
fundamentals.

(4) All arming authorizations shall be in writing and signed (e.g., ink or
digitally) by the
appropriate authorizing official(s) before a firearm is issued to an individual.
Exceptions to this
rule may be made in situations that require immediate action to protect lives or
vital Government
assets. Written authorization is not required to be maintained by the individual
carrying a
firearm, except as noted in subparagraph 1.c.(1) of this enclosure or if determined
necessary or
appropriate by the issuing authority. Current individual qualification results,
including
authorized extensions, shall be documented and retained by the issuing authority
for as long as
the individual has authorization to be armed.

(5) DoD personnel will have available and use appropriate personal protective
equipment
commensurate with the duty or task assigned for individual safety and mission
assurance.

(6) DoD personnel shall carry only Government-issued firearms and ammunition when
performing official duties. The IG, DoD, or Secretaries of the Military Departments
may
authorize an exception to this requirement for a DCIO or MCIO.

(7) Individuals who are authorized to be armed shall comply with DoD Component
implementing safeguards to prevent loss, theft, and unauthorized use of firearms
and
ammunition.

(8) Personnel shall return firearms to a designated armory or secure storage area
for
accountability and safekeeping upon completion of their official duties or
training, in accordance
with DoD Component procedures.

(9) The Heads of the DoD Components, or their designees, may authorize DoD
personnel to carry and retain a Government-issued firearm off DoD property for
official
purposes. DoD Components, in coordination with DoD Component legal counsel, shall
prescribe specific guidance governing DoD jurisdiction, authority, and lawful use
of force.

(10) The Heads of the DoD Components, or their designees, may authorize personnel
to
retain, transport, and store Government-issued firearms at Government or non-
government
locations for the following circumstances:

(a) For situations that warrant immediate action to protect DoD assets or person’s
lives. The authorization shall be for as long as the situation or threat exists.
For continuing
circumstances, the Head of the DoD Component, or their designees, shall
periodically review the
need for the authorization.
 (b) When personnel are authorized to be armed for personal protection according to
subparagraph 1.b.(2)(e) of this enclosure.

(c) When authorized to participate in official training programs (e.g., Federal

Law
Enforcement Training Center).

(d) When authorized by a DCIO/MCIO.

(11) Personnel authorized to retain, transport, and store Government-issued

firearms at
Government or non-government locations shall be provided a safety-lock device and
instructions
for its proper use. DoD Components, dependent on the situation or firearm type,
shall also
prescribe physical security measures or delineate compensatory measures in
accordance with
DoD 5100.76-M (Reference (n)) and DoD Component regulations. DoD Components are
responsible for providing guidance and procedures to prevent loss, theft, and
unauthorized
carrying or use of firearms. Firearms shall be returned or retrieved for DoD
Component
accountability and safekeeping when, at any time, the security of the firearm could
be
compromised.

(12) Firearms and ammunition accountability and losses shall be reported in

accordance
with Reference (n).

(13) Firearms, associated components, and ammunition are prohibited from entering
the
defense courier network, in accordance with DoDI 5200.33 (Reference (o)).

c. Carrying Firearms Aboard Commercial or Military Aircraft

(1) Commercial Aircraft. DoD personnel shall comply with applicable provisions of
sections 1540.111 and 1544.219 of title 49, Code of Federal Regulations (Reference
(p)), and
Transportation Security Administration (TSA) regulations and guidance.

(a) DoD personnel authorized to carry a firearm aboard commercial aircraft shall
meet the requirements of section 1544.219 of Reference (p). For training
requirements and other
information, contact the TSA Contact Center at
www.tsa.gov/lawenforcement/programs/traveling_with_guns.shtm.

(b) DoD personnel authorized to transport a firearm in checked baggage shall meet
the requirements of section 1540.111 of Reference (p). For additional information,
contact the
TSA Contact Center at www.tsa.gov.

(c) Air carriers may have varying requirements regarding firearms and the amount
of
ammunition that may be placed in checked baggage. Travelers should contact the air
carrier
regarding its policies.

(2) Military Aircraft. Individuals authorized to transport firearms shall comply

with
applicable provisions of Defense Transportation Regulation 4500.9-R (Reference (q))
for
military or civilian military-chartered aircraft requirements.
2. USE OF FORCE

a. DoD personnel shall only use the amount of force reasonably necessary to carry
out their
duties.

b. Force must be reasonable in intensity, duration, and magnitude.

c. There is no requirement to delay force or sequentially increase force to

resolve a situation
or threat. DoD personnel will attempt to de-escalate applied force if the situation
and
circumstances permit. DoD personnel will warn persons and give the opportunity to
withdraw or
cease threatening actions when the situation or circumstances permit.

d. Warning shots are prohibited. Warning shots are authorized from U.S. Navy and
Naval
Service vessels and piers in accordance with Reference (f).

e. Firearms shall not be fired solely to disable a moving vehicle. When deemed as
a threat to
DoD assets or persons’ lives, DoD personnel shall use reasonably necessary force
and caution
when firearms are directed at a vehicle borne threat.

f. DoD personnel shall satisfactorily complete use-of-force training every 12

months as
identified in subparagraphs 1.b (3) or 1.b (3)(a) of this enclosure.

3. LESS-LETHAL FORCE

a. DoDD 3000.3 (Reference (r)) establishes DoD policy for the development and
employment of NLW. For the purpose of this Directive, and in the context of use of
force, the
term “less-lethal force” is used as there is no guarantee that NLWs will not cause
severe injury or
death. Employment of less-lethal force may be used with a reasonable amount of
force
necessary to overcome the resistance offered to detain or effect a lawful arrest or
apprehension or
accomplish the lawful performance of assigned duties.

b. Less-lethal force can cause severe injury or death. DoD personnel using NLW, as
well as
the party against which the tactic is used, will receive immediate medical
attention.

c. Less-lethal force may be used:

(1) Against persons assaulting other persons or own self to prevent injury or
continuation
of the assault when alternatives to the use of force have failed or are not
available.

(2) Against persons offering physical resistance to lawful arrest or apprehension

when
alternatives to the use of force have failed or are not available.

(3) Against persons passively resisting a lawful, full-custody arrest or

apprehension
when alternatives to the use of force have failed or are not available.
 (4) To prevent the escape of a prisoner.

(5) To prevent the destruction of DoD property.

(6) Against animals menacing or attacking a person or own self.

4. DEADLY FORCE

a. The Heads of the DoD Components shall consult as appropriate with the
Department of
Defense or DoD Component General Counsels, or their designees, for legal
sufficiency of the
DoD Component’s implementing guidance on the use of deadly force. The Heads of the
DoD
Components, or their designees, may impose further restrictions on the use of
deadly force if
deemed necessary in their judgment and if such restrictions would not unduly
compromise U.S.
national security interests or put DoD personnel unduly at risk.

b. Deadly force is justified only under conditions of necessity and may be used
only when
lesser means cannot be reasonably employed or have failed and the risk of death or
serious
bodily harm to innocent persons is not increased by its use.

c. An oral warning shall be given prior to the use of deadly force if the
situation permits and
does not increase the danger to DoD personnel or others.

d. Deadly force is authorized under the following circumstances:

(1) Inherent Right of Self-Defense. When there is reasonable belief that a

person(s)
poses an imminent threat of death or serious bodily harm to DoD persons. Self-
defense includes
defense of other DoD persons in the vicinity.
 (2) Defense of Others. In defense of non-DoD persons in the vicinity when directly
related to the assigned activity or mission.

(3) Assets Vital to National Security. When deadly force reasonably appears to be
necessary to prevent the actual theft or sabotage of assets vital to national
security.

(4) Inherently Dangerous Property. When deadly force reasonably appears to be

necessary to prevent the actual theft or sabotage of inherently dangerous property.

(5) National Critical Infrastructure. When deadly force reasonably appears to be

necessary to prevent the sabotage or destruction of national critical
infrastructure defined as
President-designated public utilities, or similar critical infrastructure, vital to
public health or
safety, the damage to which the President of the United States determines would
create an
imminent threat of death or serious bodily harm or injury.
 (6) Serious Offenses Against Persons. When deadly force reasonably appears to be
necessary to prevent the commission of a serious offense, one that involves
imminent threat of
death or serious bodily harm or injury (e.g., sniping), including the defense of
other persons
where deadly force is directed against the person threatening to commit the offense
(e.g., murder,
armed robbery, or aggravated assault).

(7) Arrest or Apprehension. When deadly force reasonably appears to be necessary

to
arrest or apprehend when there is probable cause to believe a person has committed
a serious
offense and there is an imminent threat of death or serious bodily harm to DoD
personnel or
others in the vicinity as referred to in subparagraphs 4.d.(3) through 4.d.(6) of
this enclosure.

(8) Escape. When deadly force reasonably appears to be necessary to prevent the
escape
of a prisoner provided there is probable cause to believe that such person(s) has
committed or
attempted to commit a serious offense that is one that involves imminent threat of
death or
seriously bodily harm and would pose an imminent threat of death or serious bodily
harm to
DoD personnel or others in the vicinity.

e. Deadly force may be directed against vicious animals, when necessary in self-
defense or
in defense of others.
ENCLOSURE 3

RESPONSIBILITIES

1. UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE (USD(I)). The USD(I) shall

monitor compliance with this Directive and provide policy oversight in coordination
with the
OSD Principal Staff Assistants, the Chairman of the Joint Chiefs of Staff, the
Secretaries of the
Military Departments, the IG, DoD, and the General Counsel of the Department of
Defense, as
appropriate.

2. IG DoD. The IG, DoD, in addition to the responsibilities in section 3 of this

enclosure, shall
monitor DCIO compliance with this Directive.

3. DIRECTOR OF ADMINISTRATION AND MANAGEMENT (DA&M). The DA&M shall

authorize arming of assigned OSD Component personnel engaged in security, law
enforcement,
or counterintelligence activities in accordance with this Directive.

4. HEADS OF THE DoD COMPONENTS. The Heads of the DoD Components shall:

a. Authorize arming of assigned Component personnel engaged in security, law

enforcement, or counterintelligence activities in accordance with this Directive.

b. Direct development of criteria, establish implementing procedures, and monitor

compliance regarding carrying firearms and the use of force in accordance with this
Directive
and in compliance with applicable Federal, State, and local laws or host-nation
laws or
international agreements.
5. CHAIRMAN OF THE JOINT CHIEFS OF STAFF. The Chairman of the Joint Chiefs of
Staff, in addition to the responsibilities in section 4 of this enclosure, shall
provide standing rules
for the use of force in accordance with this Directive.
GLOSSARY

PART I. ABBREVIATIONS AND ACRONYMS

DCIO

Defense Criminal Investigation Organization

DoDD

DoD Directive

DoDI

DoD Instruction

IG, DoD

Inspector General of the Department of Defense

MCIO

Military Criminal Investigative Organizations

NLW

non-lethal weapons

TSA

Transportation Security Administration

U.S.C.

United States Code

USD(I)

Under Secretary of Defense for Intelligence

PART II. DEFINITIONS

Unless otherwise indicated, these terms and their definitions are for the purpose
of this Directive.

armed. Equipped with a firearm that has a live round of ammunition in a magazine
inserted into
the firearm, chamber, or cylinder.

assets vital to national security. President-designated non-DoD or DoD property,

the actual theft
or sabotage of which the President determines would seriously jeopardize the
fulfillment of a
national defense mission and would create an imminent threat of death or serious
bodily harm.
Examples include, but are not limited to: nuclear weapons; nuclear command and
control
facilities; special nuclear materials; and designated restricted areas containing
strategic
operational assets, sensitive codes, or special access programs.

deadly force. Force that a person uses causing, or that a person knows or should
know would
create a substantial risk of causing, death or serious bodily harm or injury.

firearm. Defined in Reference (k).

force. Physical presence, action, or exercise of strength to compel another to act

or refrain from
certain behavior.
imminent threat. The determination of whether a particular threat or danger is
“imminent” is
based on an assessment of all the circumstances known to DoD personnel at the time.
“Imminent” does not necessarily mean “immediate” or “instantaneous.”

inherently dangerous property. Property that, if in the hands of an unauthorized

individual,
would create an imminent threat of death or serious bodily harm. On-scene
commanders are
authorized to determine if property is inherently dangerous. Examples include, but
are not
limited to: portable missiles; rockets; arms; ammunition; explosives; chemical
agents; biological
select agents and toxins; and special nuclear materials.

less-lethal force. The degree of force used that is less likely to cause death or
serious physical
injury to overcome violent encounters and appropriately meet the levels of
resistance
encountered.

MCIO. U.S. Army Criminal Investigation Command, Naval Criminal Investigative

Service, and
Air Force Office of Special Investigations.

national critical infrastructure. For the purpose of DoD operations, President-

designated public
utilities, or similar critical infrastructure, vital to public health or safety,
the damage to which the
President determines would create an imminent threat of death or serious bodily
harm or injury.

NLW. Weapons, devices, and munitions that are explicitly designed and primarily
employed to
incapacitate targeted personnel or material immediately, while minimizing
fatalities, permanent
injury to personnel, and undesired damage to property in the target area or
environment. NLW
are intended to have reversible effects on personnel or materiel.

safety-lock device
 A device that, when installed on a firearm and secured by a key or a mechanically,
electronically, or an electro-magnetically operated combination lock, prevents the
firearm from
being discharged without first deactivating or removing the device from the lock.

A mechanical, an electrical, or an electro-magnetic locking mechanism incorporated

into the
design of the firearm that prevents its discharge by those who do not have access
to the key or
other unlocking devices.

serious bodily harm or injury. Bodily harm or injury that involves a substantial
risk of death,
extreme physical pain, protracted and obvious disfigurement; or protracted loss or
impairment of
the function of a bodily member, organ, or mental faculty.

reasonable. The U.S. Supreme Court established the U.S. Constitution Fourth
Amendment
standard of “objective reasonableness” as the appropriate standard for assessing
the use of force
in the context of making an arrest or other seizure of a person. The Supreme
Court’s decision
regarding objective reasonableness is Graham v. Connor, 490 U.S. 386 (1989)
(Reference (s)).
Personnel involved in law enforcement and security duties utilize use-of-force
options ranging
from simple displays of authority, to the application of various levels of less-
lethal force, to the
use of deadly force. Reasonableness of a particular use of force must be judged
from the
perspective of a reasonable DoD employee on the scene. Reasonable or reasonably
means facts
and circumstances, including the reasonable inferences drawn there from, known to
the DoD
employee at the time of the use of deadly force, that would cause a reasonable
person to
conclude that the point at issue is probably true. The reasonableness of a belief
or decision must
be viewed from the perspective of the employee on the scene, who may have been
forced to
make split-second decisions in circumstances that were tense, unpredictable, and
rapidly
evolving. Reasonableness is not to be viewed from the calm vantage point of
hindsight.