From a similar thread recently (edited slightly):
http://www.thehighroad.org/showthread.php?t=280145
Less-lethal shotgun loads include things like bean bags, rock salt, rubber shot, OC rounds, and so on. While there is no question that they are not as effective as stopping threats as lead shot and slugs, given the utility of pepper spray for individuals, I'd like to know if these loads have any value to the average individual, namely:
1. Are there reasonable scenarios where a private individual would want to have a ranged, less-lethal force option?
In a word, no. Police officers differ from private citizens in that they have no duty to retreat in ANY situation in ANY jurisdiction I know of. When confronted with an individual who is a threat but not a potentially lethal threat, police officers are still required to deal with the situation. Thus their use of force can legally and appropriately be more broad than that available to private citizens. Tools available to police officers in this continuum include a number of things that might not be legal to citizens in a given jurisdiction.
In addition, there are specific departmental policies in place to regulate use of force, and adequate supervised and certified training in the application of less lethal (LL) force modalities as well (at least in theory). As a rule this sort of thing is not available to private citizens, save in areas where it is required to use some of these modalities (like pepper spray training requirements in some jurisdictions).
Importantly, as has been pointed out earlier, whenever less than lethal modalities are brought into use by police, lethal options are always available. Less lethal options are also pretty much always limited to specific delivery mechanisms as well, they are NOT mixed in the same delivery mechanism- like mixing lethal and LL ammunition in the same shotgun.
As a private citizen, you do not have the responibility of confronting situations that evolve in public places, nor do you have the training/certification to do so. If confronted by the need to deal with an unruly individual in public, you have the option of retreat when not cornered or violently attacked. Police have no such option, in fact the opposite is true- they must deal with the situation. In private/in your own home, circumstances change to some degree in many jurisdictions. Still, in order to apply lethal force legally, even in your own home, you must be confronted with an unavoidable situation which justifies the use of such force.
2. What are the legalities of shooting somebody with one of these loads? How does the law look upon a deadly force weapon that is loaded with less-lethal ammunition?
It should go without saying that I hope this board can discuss this topic with a minimum of invective and bravado.
In point of fact, ANY time you fire a shotgun at another person, no matter what it's loaded with, you are using lethal force. Anything fired out of a shotgun can be lethal, including blanks (a LEO near here was killed a few years ago in a training exercise by a blank fired from a shotgun by another officer). You must be in an unavoidable situation where the use of lethal force is justified if you are to fire a shotgun at another person without legal consequences arising out of your action.
With that being the case, there is no good reason to attempt the use of LL munitions by a private citizen. You gain nothing by doing so, except to open yourself up to charges of using a level of force not called for by the situation. After all, it isn't possible for you to 'shoot him just a little bit' no matter what load you use, any more than it is possible to be a little bit pregnant.
Either you are justified in using lethal force or you are not- there is no halfway point where you would be justified in using LL munitions as might a police officer in some relatively narrow situations. That being the case, it is advisable for you to use munitions likely to cause your assailant to cease and desist his attack on you as quickly as possible should you have to fire your shotgun in legitimate self defense. As has been previously stated, you might only get one chance to fire a shot in a life and death struggle.
In short- if you as a private citizen are justified in shooting, you are justified in killing. There are no half measures legitimately available to you as there are to police officers. You should not mistakenly seek to claim those half measures no matter what apparent justification offers itself.
For more on similar issues, see Skip Gochenour's lecture notes at
http://www.teddytactical.com/archive/MonthlyStudy/2006/02_StudyDay.htm .
hth,
lpl/nc