Udi Ofer
@uofer.bsky.social
Teach constitutional rights, human rights and policy advocacy at Princeton University. Founding Director, Princeton Policy Advocacy Clinic. Former ACLU attorney for 20 years. Chair, International Advisory Council, Association for Civil Rights in Israel.
DHS policy did state that firearms shall not be discharged solely to disable moving vehicles. But DHS policy didn't include same level of detail as DOJ policy on what to do when there is a legitimate threat. Didn't include the "no other reasonable means" standard & example of an officer moving. 4/4
January 8, 2026 at 9:17 PM
DHS policy did state that firearms shall not be discharged solely to disable moving vehicles. But DHS policy didn't include same level of detail as DOJ policy on what to do when there is a legitimate threat. Didn't include the "no other reasonable means" standard & example of an officer moving. 4/4
DHS updated its own policy on February 6, 2023, as mandated by Biden EO but didn't include same exact provision as DOJ. DHS reiterated current deadly force standard under federal constitutional law (reasonable belief subject of such force poses imminent threat of death/serious bodily injury). 3/4
January 8, 2026 at 9:17 PM
DHS updated its own policy on February 6, 2023, as mandated by Biden EO but didn't include same exact provision as DOJ. DHS reiterated current deadly force standard under federal constitutional law (reasonable belief subject of such force poses imminent threat of death/serious bodily injury). 3/4
The 2022 DOJ policy made it clear that firearms may not be discharged to disable moving vehicles unless there's a threat of death or serious physical injury to the officer AND no other reasonable means of defense exists, including for officer to move out of the way of the vehicle (section I(B)) 2/4
January 8, 2026 at 9:17 PM
The 2022 DOJ policy made it clear that firearms may not be discharged to disable moving vehicles unless there's a threat of death or serious physical injury to the officer AND no other reasonable means of defense exists, including for officer to move out of the way of the vehicle (section I(B)) 2/4
"Firearms may not be discharged from a moving vehicle except in exigent circumstances. In these situations, officer must have an articulable reason for this use of deadly force."
You can find the policy here: www.justice.gov/archives/ag/... (4/4)
You can find the policy here: www.justice.gov/archives/ag/... (4/4)
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January 8, 2026 at 3:03 AM
"Firearms may not be discharged from a moving vehicle except in exigent circumstances. In these situations, officer must have an articulable reason for this use of deadly force."
You can find the policy here: www.justice.gov/archives/ag/... (4/4)
You can find the policy here: www.justice.gov/archives/ag/... (4/4)
"(2) the vehicle is operated in a manner that threatens to cause death or serious physical injury to the officer or others, and no other objectively reasonable means of defense appear to exist, which includes moving out of path of the vehicle.... (3/4)
January 8, 2026 at 3:03 AM
"(2) the vehicle is operated in a manner that threatens to cause death or serious physical injury to the officer or others, and no other objectively reasonable means of defense appear to exist, which includes moving out of path of the vehicle.... (3/4)
"...firearms may not be discharged at a moving vehicle unless: (1) a person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle; or... (2/4)
January 8, 2026 at 3:03 AM
"...firearms may not be discharged at a moving vehicle unless: (1) a person in the vehicle is threatening the officer or another person with deadly force by means other than the vehicle; or... (2/4)