FAFO Act

Firearm Authorization for Offensive-deflection Act

Bill Summary:
The FAFO Act affirms the inherent right of individuals to defend themselves with reasonable and proportionate force when confronted with an imminent threat of bodily harm, particularly in scenarios where an aggressor initiates or escalates physical confrontation after being verbally warned. This legislation codifies protections for law-abiding citizens who employ defensive firearm use in response to an unlawful physical attack.

Section I: Purpose and Intent

• Codify the right of individuals to defend themselves with firearms in situations where a clear threat is presented.
• Protect individuals from legal repercussions when they act to neutralize an imminent threat, particularly when all reasonable attempts at de-escalation have failed.
• Establish clarity in legal standards for defensive firearm use in public spaces.

Section II: Definitions

• Defensive Use of Force: The act of using reasonable and proportionate force, including a firearm, to prevent imminent bodily harm.
• Imminent Threat: 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: A clearly communicated directive to cease aggressive behavior, retreat, or disengage.
• Aggressor: An individual who initiates or continues a physical altercation after being warned to desist.

Section III: Legal Protections

1. An individual shall not be prosecuted or held civilly liable for the defensive use of a firearm if:
   • They are in legal possession of said firearm;
   • They issue a clear verbal warning or non-lethal attempt to de-escalate the situation;
   • The aggressor disregards said warning and initiates physical contact or escalates toward an imminent threat;
   • The use of force was proportionate to the threat presented.
2. The presence or absence of video evidence demonstrating the aggressor’s behavior, such as removing clothing, threatening language, or charging, shall be admissible and weighed heavily in favor of the defender.

Section IV: The "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.

Section V: 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.

Section VI: 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.

Section VII: Enactment

This Act shall take effect immediately upon passage.

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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.