The study aims to assess the amendment of Article 45(1)(d) of the Act of 24 May 2013 on Means of Direct Coercion and Firearms, which regulates on of the cases in which state officials may use service firearms. The Act of 26 July 2024 amending certain acts in order to improve the operation of the Polish Armed Forces, the Police and the Border Guard in the event of a threat to state security, which entered into force on 31 August 2024, extended this provision. A firearm may now be used when it is necessary to repel a direct, unlawful attack on the inviolability of the state border by a person who forces the crossing of the border using a vehicle, firearm or other dangerous object, or acts in another manner directly threatening the life, health or freedom of the authorised officer or another person, or acts jointly with another person who uses such a weapon, object or method, where the circumstances require immediate action. The author argues that the added reference to acting “in another manner” largely duplicates Article
45(1)(a), that an interpretation permitting the intentional deprivation of life under the amended provision would be incompatible with Articles 38 and 31(3) of the Polish Constitution, and that an unintentional loss of life resulting from the absolutely necessary use of force falls within the standard of Article 2 of the European Convention on Human Rights.