By Evan Koch
Partner & Trial Attorney
Reuters Photo caption: Downtown Los Angeles police June 2025
The First Amendment of the U.S. Constitution guarantees citizens the right to peacefully assemble and protest, a cornerstone of our democratic society. In recent years, Los Angeles has seen significant protests, including those following the death of George Floyd and others focused on immigration policies. During these events, the Los Angeles Police Department (LAPD) has employed crowd control tactics, including the use of 40mm Less-Lethal Launchers, which have resulted in injuries to some individuals peacefully exercising their constitutional rights. For those injured in such circumstances, it is important to understand the LAPD’s guidelines explaining how officers should – and should not – use these weapons in the field to understand if a legal claim exists against the officers.
LAPD Guidelines for 40mm Less-Lethal Launchers
The 40mm Launcher is a tactical, single-shot weapon that fires hardened rubber bullets intended to subdue a target with “Less-Lethal” force. Due to the significant, potentially fatal risk involved with firing a 40mm Launcher at an individual, the LAPD has adopted specific written policies setting forth numerous restrictions officers must follow when using these weapons. Currently, these policies are contained in the LAPD’s Use of Force Tactics Directive No. 3. This Tactics Directive sets forth when officers are permitted to fire a 40mm launcher and precisely how they are supposed to fire the weapon to ensure officer and public safety and prevent misuse. Below is an overview of the key provisions of this policy.
When Is It Appropriate to Use the 40mm Launcher?
The 40mm Launcher is authorized for use by trained and certified officers in situations where there is an “immediate threat to the safety of the officers or others” or a risk that the situation could escalate to the use of deadly force. Its deployment must comply with the LAPD’s Use of Force Policy, which prioritizes de-escalation when possible.
Officers are prohibited from using the 40mm LLL against unarmed individuals who are passively resisting or merely failing to comply with an officer’s commands. Further, verbal threats of violence alone do not warrant the weapon’s use. These restrictions are vital, as many protesters injured by 40mm projectiles may have been engaged in peaceful or non-threatening behavior, potentially indicating a violation of LAPD policy.
Prohibited Target Areas
Though the LAPD refers to the 40mm Launchers as “Less-Lethal” weapons, they can still cause severe injury or death if not properly used by officers. To reduce the risk of severe injury, LAPD policy expressly prohibits officers from targeting the following areas of the body with the 40mm Launcher:
40mm Launcher impacts to these areas of the body can result in catastrophic injuries, such as traumatic brain injuries, spinal damage, organ rupture, or even death. Officers are therefore trained to aim for less sensitive areas, such as the limbs or torso, unless lethal force is justified – an extremely rare situation in a protest setting. Being struck in a prohibited area may suggest a policy violation, which could support a legal claim.
The Impact of 40mm Launcher Injuries on Protesters
Protesters struck by 40mm projectiles or other “Less-Lethal” weapons may suffer significant injuries with long term consequences. These injuries can result in substantial medical expenses, lost income, and long-term physical and emotional impairment. When officers fail to adhere to the LAPD’s guidelines—such as targeting prohibited areas or using the weapon against non-threatening individuals—the use of the 40mm Launcher may constitute excessive force, providing grounds for legal action.
Baker Burton & Lundy has represented many individuals who were injured by police officers, recently securing a $1,500,000 million dollar settlement on behalf of a woman injured by the LAPD while peacefully protesting after George Floyd’s death in 2020. In that case, our client was shot in the face by an officer with a beanbag shotgun (another “Less-Lethal” weapon used in crowd control situations by the LAPD) while she was walking away from officers with her hands in the air.
For anyone injured by an officer using a 40mm launcher or other “Less-Lethal” weapon during a protest, it is important to contact an attorney to understand your rights.
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Please note: This document does not constitute legal advice. Please consult an attorney for legal advice on what to do in a particular situation.
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