119th CONGRESS
1st Session
H. R. ____
A BILL
To affirm the right of law-abiding individuals to defend themselves with reasonable and proportionate force when confronted with an imminent threat of bodily harm, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
[Date]
Mr./Ms. [Sponsor's Name] (for him/herself and [co-sponsors]) introduced the following bill; which was referred to the Committee on [Committee Name].
A BILL
To affirm the right of law-abiding individuals to defend themselves with reasonable and proportionate force when confronted with an imminent threat of bodily harm, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Firearm Authorization for Offensive-deflection Act” or the “FAFO Act.”
SEC. 2. PURPOSE AND INTENT.
(a) Purpose: The purpose of this Act is to affirm the inherent right of individuals to defend themselves with reasonable and proportionate force when confronted with an imminent threat of bodily harm.
(b) Intent: This Act codifies protections for law-abiding citizens who employ defensive firearm use in response to an unlawful physical attack, particularly in scenarios where an aggressor initiates or escalates physical confrontation after being verbally warned.
(c) Objectives: The objectives of this Act are—
- To codify the right of individuals to defend themselves with firearms in situations where a clear threat is presented.
- To protect individuals from legal repercussions when they act to neutralize an imminent threat, particularly when all reasonable attempts at de-escalation have failed.
- To establish clarity in legal standards for defensive firearm use in public spaces.
SEC. 3. DEFINITIONS.
For purposes of this Act:
- Defensive Use of Force means the act of using reasonable and proportionate force, including a firearm, to prevent imminent bodily harm.
- Imminent Threat means a clear and present danger of physical violence, including but not limited to aggressive physical posturing, verbal threats combined with advancement, or physical assault.
- Verbal Warning means a clearly communicated directive to cease aggressive behavior, retreat, or disengage.
- Aggressor means an individual who initiates or continues a physical altercation after being warned to desist.
SEC. 4. LEGAL PROTECTIONS.
(a) In General: An individual shall not be prosecuted or held civilly liable for the defensive use of a firearm if—
- The individual is in legal possession of said firearm;
- The individual issues a clear verbal warning or makes a non-lethal attempt to de-escalate the situation;
- The aggressor disregards said warning and initiates physical contact or escalates toward an imminent threat; and
- The use of force was proportionate to the threat presented.
(b) Evidentiary Consideration: The presence or absence of video evidence demonstrating the aggressor’s behavior, including removing clothing, threatening language, or charging, shall be admissible and weighed heavily in favor of the defender.
SEC. 5. AGGRESSIVE ESCALATION OR INTIMIDATION.
(a) Chest-Puff Clause: In any instance where the aggressor removes clothing, assumes a fighting stance, or makes demonstrable efforts to physically intimidate, such behavior shall be legally recognized as escalation, nullifying any claims of excessive force by the defender.
SEC. 6. LIMITATIONS AND EXEMPTIONS.
- This Act shall not apply in cases where the defender initiated the confrontation or pursued the aggressor.
- All defensive actions must occur on public property or private property where the defender has a legal right to be.
- Individuals legally prohibited from possessing firearms are exempt from the protections of this Act.
SEC. 7. PREEMPTION OF LOCAL ORDINANCES.
No municipal or county ordinance may override or contradict the protections granted by this Act. Any local laws in conflict with the FAFO Act shall be considered null and void.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect immediately upon passage.
LEGISLATIVE NOTE.
The FAFO Act acknowledges a rising number of viral incidents in which individuals lawfully defending themselves are subjected to undue scrutiny or prosecution. This legislation ensures that those who issue warnings and only act when provoked retain their constitutional right to self-defense without fear of legal backlash.
Let it be known: when a citizen says “back off” and the aggressor instead decides to “find out,” the law will side with the one who gave fair warning.