[Code of Federal Regulations]

[Title 10, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR1047.7]



[Page 945-946]

 

                            TITLE 10--ENERGY

 

          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)

 

PART 1047_LIMITED ARREST AUTHORITY AND USE OF FORCE BY PROTECTIVE FORCE 

OFFICERS--Table of Contents

 

Sec. 1047.7  Use of deadly force.



    (a) Deadly force means that force which a reasonable person would 

consider likely to cause death or serious bodily harm. Its use may be 

justified only under conditions of extreme necessity, when all lesser 

means have failed or cannot reasonably be employed. A protective force 

officer is authorized to use deadly force only when one or more of the 

following circumstances exists:

    (1) Self-Defense. When deadly force reasonably appears to be 

necessary to protect a protective force officer who reasonably believes 

himself or herself to be in imminent danger of death or serious bodily 

harm.

    (2) Serious offenses against persons. When deadly force reasonably 

appears to be necessary to prevent the commission of a serious offense 

against a person(s) in circumstances presenting an imminent danger of 

death or serious bodily harm (e.g. sabotage of an occupied facility by 

explosives).

    (3) Nuclear weapons or nuclear explosive devices. When deadly force 

reasonably appears to be necessary to prevent the theft, sabotage, or 

unauthorized control of a nuclear weapon or nuclear explosive device.

    (4) Special nuclear material. When deadly force reasonably appears 

to be necessary to prevent the theft, sabotage, or unauthorized control 

of special nuclear material from an area of a fixed site or from a 

shipment where Category II or greater quantities are known or reasonably 

believed to be present.

    (5) Apprehension. When deadly force reasonably appears to be 

necessary to apprehend or prevent the escape of a person reasonably 

believed to: (i) have committed an offense of the nature specified in 

paragraphs (a)(1) through



[[Page 946]]



(a)(4) \1\ of this section; or (ii) be escaping by use of a weapon or 

explosive or who otherwise indicates that he or she poses a significant 

threat of death or serious bodily harm to the protective force officer 

or others unless apprehended without delay.

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    \1\ These offenses are considered by the Department of Energy to 

pose a significant threat of death or serious bodily harm.

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    (b) Additional Considerations Involving Firearms. If it becomes 

necessary to use a firearm, the following precautions shall be observed:

    (1) A warning, e.g. an order to halt, shall be given, if feasible, 

before a shot is fired.

    (2) Warning shots shall not be fired.