“I’m devastated” . These were the first words of Joel Souza, director of the film ‘ Rust ’, who was wounded on 21 October 2021 after learning of the death of Halyna Hutchins, director of photography. The cause was a gun shot fired by the American actor Alec Baldwin during the filming of a scene.
Charged with manslaughter, the multiple Golden Globe-winning actor pleaded not guilty. Prosecutors Kari T. Morrissey and Jason J. Lewis, who took over the prosecution case in March 2023, finally dropped the charges against him to focus on the role that armourer Hannah Gutierrez-Reed may have played. Although they seem to point to her responsibility, the question arises as to whether such an accident could have occurred during filming in France. What does French legislation say about weapons used in the film industry? Who would be criminally liable for a live-fire shooting during a take, and even more so if there were deaths and/or injuries? The law responds to this problem with rigorous rules.
In France, firearms are classified into 4 categories, from A to D, depending on how dangerous they are, and governed by the provisions of articles L. 311-2 to L. 317-2 of the Code de la sécurité intérieure.
Category A1 includes handguns capable of firing more than 21 rounds of ammunition without reloading, accompanied by a system for feeding more than 20 cartridges, and firearms disguised as another object; in category A2, firearms with automatic repetition, their components specifically designed for them and any additional device enabling a semi-automatic firearm to be fired in bursts; in category B, handguns, certain long firearms and electric shock weapons that cause an electric shock at a distance and certain weapons with a point of contact; in category C, certain long firearms such as shotguns, weapons and launchers whose projectile is propelled in a non-pyrotechnic manner with a muzzle energy equal to or greater than 20 joules; and in category D, daggers, weapons designed exclusively for firing blank, gas or signal ammunition and not convertible for firing other projectiles, the ammunition for these weapons and certain historical and collectors’ weapons or reproductions as defined in article L311-3 of the French Internal Security Code.
With regard to entertainment, and therefore cinema, the use of weapons on film sets is subject to the provisions of Decree no. 2018-542 of 29 June 2018 on the rules governing the manufacture, trade, acquisition and possession of weapons, which have been incorporated into the Internal Security Code.
The provisions ofarticle R. 312-26 of the said Code, resulting from this decree, stipulate that ‘ Companies that hire weapons to film or show production companies, as well as national theatres, may be authorised to acquire and hold category A and B entertainment weapons ’.
The concept of ‘ entertainment weapons “ used in these provisions is defined in article R. 311-1 3° of the French Internal Security Code as ” any firearm specifically converted to fire blank ammunition, in particular during theatrical performances, photography sessions, film shoots, television recordings, historical re-enactments, parades, sporting events or training sessions, the characteristics of which preclude the firing or conversion to fire any projectile « .
According to the provisions of article R. 312-58-1, film producers, directors of entertainment companies and show organisers are responsible for handing out these weapons to actors and extras for filming purposes. They also specify that use must be limited to « the time required for filming or performing ».
Once delivered, their use requires compliance with strict conditions set out in the provisions of article 38 appended to the order of 15 October 2016 on preventive measures to be taken in the production of cinematographic and audiovisual films: firstly, firearms loaded with blanks or half-loads may not be used without the presence of an armourer; secondly, shooting at a third party and at a distance of less than 5 metres is prohibited, in addition to the fact that a protective screen must be installed systematically. In addition, any use of edged weapons on a film set must be preceded by a rehearsal conducted under the responsibility of a weapons master.
The aim of these provisions is to ensure that the weapons and ammunition used on set guarantee total safety for actors, extras and members of film crews. They also release actors and extras from any liability. In fact, the roles and responsibilities assigned by law are such that it must not be possible for any accident to be caused by any stage of the procedure for handing over and using the weapon, except in the case of a malicious act linked to external circumstances. It must not be possible for any accident to result from the gestures and movements provided for in the script, and which the actors and extras are called upon to interpret.
However, these legal precautions cannot prevent an accident if they are not scrupulously respected. As in the case of Alec Baldwin, the offences of manslaughter (article 221-6 of the French Penal Code) or unintentional violence (article 222-19 of the French PenalCode), ‘ through clumsiness, imprudence, inattention, negligence or failure to comply with an obligation of prudence or safety imposed by law or regulation ’, seem to be the most obvious qualifications to use.
If we also think that, in the light of positive law, the arms manufacturer could be the obvious culprit, the investigators should not give up investigating the choice of weapons used, the companies hired, the verification procedures and the conditions of the disputed shooting that certain actors, known for their whims likely to upset the organisation planned by the production, could have influenced. These are all situations that could have criminal consequences…
The film ‘ Rust ’ is a reminder that, while safety imperatives require that no lethal weapon or ammunition be allowed on a film set, the involvement of many people and companies must be given even greater attention, or risk being fatal.
To read the article, please click here: ‘ Fatal accident on the set of the film ‘Rust’: who would bear criminal responsibility for a death by firearm on the set of a film in France? ’