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DOJ Expands Federal Execution Protocols to Include Firing Squad

  • by:
  • 04/24/2026
The U.S. Department of Justice’s 2020 regulatory change broadened federal execution protocols to align with state laws, explicitly opening the door to methods such as firing squads in appropriate circumstances. 

This update to the federal regulations, published in the Federal Register, amended prior rules that had limited executions primarily to lethal injection. It allowed the federal government to use “any other manner prescribed by the law of the State in which the sentence was imposed,” reflecting the Federal Death Penalty Act. The move provided greater flexibility amid challenges in obtaining lethal injection drugs and ongoing legal battles over execution methods.

Proponents argued the change ensured the federal government could carry out lawfully imposed death sentences without being constrained by drug shortages or state-specific limitations. Firing squads, authorized as a backup method in states like Utah, Mississippi, Oklahoma, and more recently expanded in places like South Carolina and Idaho, were viewed by some as a reliable and potentially less painful alternative when injection drugs proved difficult to acquire or administer humanely.11 Critics, however, raised concerns about reviving what they described as archaic and violent practices, sparking debates over cruelty, public perception, and the overall ethics of capital punishment. The policy was part of a broader push during the first Trump administration to resume federal executions after a long hiatus.

Subsequent developments included a moratorium on federal executions under the Biden administration for policy review, followed by its lifting in early 2025. No widespread shift to firing squads has occurred at the federal level, as practical use remains tied to state authorization and prisoner circumstances. The protocol expansion continues to highlight tensions in the U.S. death penalty system between ensuring executions can proceed and addressing constitutional questions under the Eighth Amendment regarding cruel and unusual punishment.

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DOJ Expands Federal Execution Protocols to Include Firing Squad

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