(2) This guidance applies to naval vessels, naval
service vessels (including military sealift command, government-
owned and United States flag time-chartered vessels), harbor
security boats (HSB), picket boats and piers, and units under
USN control only. Units under USCG control will follow the use
of force policy for warning shots as issued by the commandant
USCG, per 14 USC 637.
(3) Warning shots are authorized from crew-served
weapons and rifles in the territorial seas and internal waters
of the United States, its territories, and possessions.
(4)
Commanders Intent.
(a) Determining the intent of an approaching or in
close vessel is critical. When time and circumstances permit,
in order to facilitate the determination of hostile intent,
watchstanders must take quick and decisive action to warn
vessels away, but have a limited toolset (ship's whistle, flares,
bullhorns, bridge-to-bridge radios, etc.) with which to
accomplish this.
(b) Warning shots are an additional tool in the
watch stander's toolbox. A warning shot used against a
waterborne vessel does not constitute deadly force when
correctly employed, and a failure to heed a warning shot is
usually a clear indication of hostile intent. Therefore, a
warning shot is an effective way to both communicate a warning
and determine intent. The use of warning shots, however, should
be limited to circumstances when there exists no other
reasonable means available to determine the intent of the
approaching craft without increasing the threat to U.S. Navy,
naval service vessels and personnel. Furthermore, the use of
deadly force to protect a ship and its crew against a small boat
attack is not contingent on firing a warning shot. A warning
shot represents the last option in the continuum of actions
prior to the use of deadly force and should be employed as such.
(5) Weapons authorized for warning shots:
M-14/M-16 Rifles
M-60/M-43 Medium Machine Gun
M-240 Medium Machine Gun
M2 50 Caliber Heavy Machine Gun
M-46 Light Machine Gun
Chapter 9: Weapons & Use of Force
9-9
