Gregory Kielma • June 28, 2024
Let's TalkAbout The use of Deadly Force
Gregg Kielma
USCCA Firearms Instructor
BLOG
“The Use of Deadly Force”
7/1/2024
Says Kielma,” I get asked this all the time, if I have a concealed carry permit and someone threatens me who doesn’t have a weapon, do I have the right to shoot or do I have to warn them first if I feel like I need to defend myself? Will I get in trouble if I shoot without giving a warning? Let’s think about this together. Please remember I’m not an attorney and this in no way is legal advice”.
My credentials: Among others, I am a USCCA Certified Firearms Instructor, Range Safety Officer, USCCA Certified Emergency First Aid Fundamentals Instructor (First Responders), USCCA Certified Marksmanship Simplified: Foundations of Handgun Coaching, USCCA Certified Countering The Mass Shooter Instructor, USCCA Certified Women and Firearms Instructor, USCCA Certified Children and Firearms Instructor, USCCA Certified Home Defense Instructor, USCCA Certified CPR/Defibrillator Instructor, FFL, Gunsmith and a member in good standing with the NRA.
Nothing I say in this answer is an official statement on behalf of any other agency or organization; it is my personal considered opinion.
The question:
“If I have a concealed carry license and someone threatens me but doesn’t have a weapon, do I have the right to shoot or do I have to warn them first if I feel like I need to defend myself. Will I get in trouble if I shoot without giving a warning?”
Answer:
Last Question first: In no US jurisdiction of which I am aware, are you required to give a warning before using deadly force in lawful self-defense. Notice I said, “lawful self-defense”. If the defensive act is lawful, no warning is required. If the act is not lawful, “providing a warning “is irrelevant.
Know the laws of your jurisdiction and the relevant state laws.
General overview.
In no state do mere words, even ugly, nasty, racist, vulgar, threatening, or filthy words constitute “an attack”. You cannot legally exercise self-defense against mere words which are not connected to overt unlawful actions.
LEAVE the area if possible. Avoid-Escape- Defend
Do you have the right to shoot? First, use correct terminology. “Shooting “is the application of Deadly Force using a firearm. Deadly Force can also be hitting someone with a baseball bat. So is cutting them with a knife. It can be throwing a brick at them. It can be striking them with a ball-peen hammer. It can be inflicted with a two-by-four. Deadly Force is that force that can result in Death or Serious Bodily Injury. Deadly Force is Deadly Force, there is no degree to it. Baseball bat Deadly Force is in no way” less” or “nicer” than pistol Deadly Force. Or ball-peen hammer Deadly Force.
So, what if Someone threatens you? Threats are words. You cannot defend yourself against mere words, they are not an “attack” or a crime. Leave the area.
Things are markedly different If they won’t let you leave, - that’s a crime. Things are markedly different if they are committing an actual violent crime against you.
Appropriate Self-Defense Analysis.
You are allowed to use Deadly Force for self-defense when the Ability, Opportunity, Jeopardy, triad is fulfilled, and your actions are Reasonable given the totality of the circumstances.
Ability:
Your attacker has the reasonable ability to inflict Death or Serious Bodily Injury upon you. This may be with a weapon such as a pistol or baseball bat, or even Bare handed- remember even bare-handed blows and kicks can kill. Absence of a weapon does not mean absence of a deadly threat.
Opportunity:
Your attacker can bring a means to inflict Death or Serious Bodily Injury upon you. An example- if he is ten feet away from you and has a baseball bat, he has Opportunity. If he is across a parking lot 300 feet away and has a baseball bat, he does not have Opportunity.
Jeopardy:
Your attacker has indicated by overt action such as pointing a pistol at you or swinging a bat, or words “I’m going to kill you” or other explicit or implied means such as gestures or pointing, that they intend to use Deadly Force upon you, the Defender, or another innocent third party, and the threat is imminent, in other words immediate, happening now. Not next week, not tomorrow but now. If so, you are in jeopardy of Death or Serious Bodily Injury.
Your analysis of the facts and totality of circumstances as they are apparent to you at that time must be reasonable. You must think about whether you are a reasonable person.
Notice this has nothing to do with “feelings”. Relying on “feelings” means “bald fear” or “panic”- these are unreasonable. Your analysis must be the result of clear, logical thinking. It must be reasonable. It must be reasonable when your actions are reviewed by the Grand Jury.
State Statutory Analysis:
In many states, the law specifically states exact, specified circumstances in which you may use Deadly Force. For instance, states that are Legally justified to use Deadly Force to Defend Against and prevent the imminent commission of the violent crimes of: sexual assault, aggravated sexual assault, murder, robbery, aggravated robbery and aggravated kidnapping. Carjacking, home invasion, and business invasion are also included, although the statute does not use those specific terms. Burglary and arson may be defended against with Deadly Force if the use of Deadly Force is “reasonable” under specific circumstances.
As an example of this:
The large man who stops you in the parking lot, balls up his fist and tells you:” Give me your wallet or I’ll smash your face in”. Your statutory analysis: He is committing the violent crime of “robbery”. You may lawfully defend against imminent commission of the crime of robbery with Deadly Force.
Another example:
The large man who stops me in the parking lot, balls up his fist and tells me:” Hey, Jew boy, we don’t allow your kind on our turf. If I catch you here tomorrow, I’ll bash your face in.” The miscreant is rude, vile, bigoted and hateful, but at this instance he is not committing a violent crime. His words may be a criminal offense, namely the making of a “terroristic threat” but his threat of unlawful action against me is not imminent, it is “tomorrow”. There is no lawful response currently under these circumstances involving a gun. I’ll back off, apologize and leave. Then I will call 911 and report the threat.
You must defend yourself lawfully under one analysis or the other as described above. If you cannot justify yourself by one method, at least, you better not shoot, or you will be in a massive mess of trouble.
” I was scared” does not count. “He insulted my Mama”, does not count.
I want to make it double clear that your analysis must be reasonable in the cold light of day as reviewed by the police, the DA and ultimately, by the Grand Jury.
What about fear?
Some people have a hysterical, neurotic, morbid fear of clowns. If someone with such a condition shoots a clown because “I was afraid” the action was not reasonable. For that person, prison will result as well as impoverishing lawsuits.
Know the specifics of your state’s self-defense laws. If you are in doubt, consult a qualified local attorney with expertise in this area of the law.
I trust I have made myself clear.
About Edward Bailey: Why We Should Support Edward Bailey for Manatee County Commissioner, District 2
Why We Should Support Edward Bailey for Manatee County Commissioner, District 2
John Dunn: A Grassroots Candidate Enters the Manatee County Commission Race
DOJ Announces Rulemaking Package Aimed At Protecting Second Amendment Freedoms
Why Every Home Should Have a Firearm for Personal Protection
3d Printed Firearms What are They and Are they Legal? Let's take a look
Being Prepared for the 2026 Hurricane Season By Gregory Kielma, Tactical K Training & Firearms The 2026 Hurricane Season is shaping up to be another year where preparation isn’t optional it’s essential. Florida has seen record heat, rising insurance pressures, rapid population growth, and increasingly unpredictable storm behavior. None of that is meant to create fear. It’s meant to reinforce a simple truth: preparedness gives you control, confidence, and options when the weather turns. Whether you’re protecting a home, a business, or a family, the goal is the same build layers of readiness before the first storm forms. Start With Awareness and a Plan Storms don’t give you time to “figure it out later.” Your plan should be written, practiced, and known by everyone in the household or workplace. Key elements of a solid plan: Where will you go if evacuation becomes necessary Multiple routes out of your area A communication plan if cell networks fail A designated out‑of‑state contact A plan for pets, elderly family members, and anyone with medical needs For businesses, include: Who secures the building Who handles digital backups Who communicates closures and reopening A plan removes panic. It replaces it with action. Strengthen Your Home or Business Before the First Storm Florida structures take a beating every year. Small improvements now prevent major losses later. Exterior protection: Inspect your roof for loose shingles or soft spots Clear gutters and drainage paths Trim trees and remove dead limbs Install or test shutters Reinforce garage doors—one of the most common failure points Interior protection: Surge protection for critical electronics Elevate valuables and important documents Know how to shut off water, power, and gas If you own a business, walk your property as if you were a storm: What can break? What can blow away? What can flood? Fix those points now. Build a Realistic, Usable Supply Kit For Your Home or Business A hurricane kit isn’t about stockpiling, it’s about independence. After a major storm, help may take hours or days to reach your area. For homes and families: Water: 1 gallon per person per day (minimum 3–7 days) Non‑perishable food Medications and medical supplies Flashlights, headlamps, and batteries Battery bank for phones First aid kit Copies of important documents Cash in small bills Tools, gloves, tarps, duct tape For businesses: Backup power for essential systems Printed employee contact lists Hard copies of insurance documents A plan for securing inventory and equipment Preparedness isn’t about fear it’s about not being dependent on luck. Protect Your Digital Life In 2026, digital readiness is just as important as physical readiness. Back up important files to the cloud and an external drive Photograph your home, business, and valuables for insurance Store digital copies of IDs, insurance policies, and receipts Keep chargers, power banks, and a small solar panel if possible When the power goes out, your digital preparation keeps you moving. Understand Post‑Storm Safety Most injuries happen after the storm, not during it. Be cautious with: Downed power lines Flooded roads Carbon monoxide from generators Unstable structures Contaminated water If you evacuated, don’t rush home. Wait for official clearance. Your safety comes first. Mindset: Prepared, Not Paranoid Preparedness is a discipline, not a reaction. It’s the same mindset we teach in every Tactical K class awareness, planning, and responsible action. A hurricane is a natural event. Your response is a choice. When you prepare early, you protect: Your family Your property Your business Your peace of mind And you set an example for your community. Kielma’s Parting Shot The 2026 Hurricane Season will bring challenges, just like every season. But Floridians are resilient, and preparation is part of our way of life. Start now. Strengthen your home, your business, and your plan. Build your layers of safety before the first storm forms. If you need help building a plan, creating a checklist, or preparing your family or business, Tactical K Training is here to support you with practical, real‑world guidance.
Why You Should Never Travel Through High Water
Convicted Felon Sentenced to 87 Months in Trafficking Nine Firearms, Including to Buyer Who Said He Was ‘At War’ Thursday, April 30, 2026 U.S. Attorney's Office, District of Columbia WASHINGTON - Brandon Smith, 34, a previously convicted felon residing in the District of Columbia, was sentenced today in U.S. District Court to 87 months in prison for conspiring to traffic at least nine firearms to a prohibited buyer over the course of six months, announced U.S. Attorney Jeanine Ferris Pirro. “Brandon Smith was already on supervised probation for a violent felony when he chose to traffic firearms, and he continued even after being told the buyer intended to use them for violence,” said U.S. Attorney Pirro. “Over the course of six months, he arranged the sale of at least nine guns—including one with an obliterated serial number—to a prohibited individual. This was not a momentary lapse in judgment, but a sustained and deliberate effort to arm someone who could not legally possess firearms. My office remains committed to holding accountable those who endanger our communities by trafficking illegal guns.” On Jan. 9, 2026, Smith pleaded guilty before Judge Howell to conspiracy to commit trafficking in firearms. In addition to the 87-month prison term, Judge Howell ordered Smith to serve three years of supervised release. Federal prosecutors had requested a 108-month prison term. According to court papers, beginning in November 2023, ATF opened an investigation after a confidential source reported that Smith, then on supervised probation for a violent felony, was actively advertising firearms for sale by texting photographs of guns to prospective buyers, including individuals with prior felony convictions. During the next six months, Smith sold or arranged the sale of nine firearms to a buyer on six separate occasions. During the transactions, Smith sold his own personal carry firearm on multiple occasions when a supplier failed to deliver, then purchased a replacement for himself afterward. In early January 2024, as Smith and the buyer discussed an upcoming transaction, the buyer told Smith he needed the firearms because he was “at war” after his cousin had been killed. Smith proceeded with the sale. The buyer had also told Smith he was serving a criminal justice sentence at the time of the transactions. Smith acknowledged that he, too, was “on papers.” Smith arranged a total of six transactions from Nov. 30, 2023, through May 30, 2024, resulting in the sale of nine firearms. At least one of the firearms had its serial number obliterated. On Oct. 26, 2024, MPD officers conducted a traffic stop on the 1600 block of 16th Street SE and found Smith in the front passenger seat of a parked vehicle. Officers observed open containers of alcohol and discovered a satchel at his feet. Inside the satchel, in plain view, was a loaded Glock Model 19X 9mm handgun with a round in the chamber and 16 additional rounds in the magazine. The bag also contained a bank card and government-issued identification in Smith’s name. Smith has prior convictions for Simple Assault (2011), Attempted Robbery (2013), and Robbery and Possession of a Firearm during a Crime of Violence (2016), for which he was sentenced to five years in prison. He was serving a term of supervised probation from the 2016 conviction at the time of the firearms trafficking conspiracy. This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Office, and the Metropolitan Police Department. The matter was prosecuted by Special Assistant U.S. Attorney Brendan M. Horan. Convicted Felon Sentenced to 87 Months in Trafficking
