Firing squad execution planned in South Carolina: Is the method making a return?

The scheduled execution of Brad Sigmon in South Carolina is set to be the first firing squad execution in the U.S. since 2010 and only the fourth since the death penalty was reinstated in 1976. 

Sigmon, convicted of a 2001 double homicide, chose the firing squad over lethal injection due to concerns about the state's execution process.

His attorneys argue that recent autopsies of inmates executed by lethal injection in South Carolina revealed potential complications, raising fears of a prolonged and painful death. Sigmon is now seeking a postponement and requesting more transparency from prison officials regarding the state's lethal injection procedures.

How often are firing squads used?

The backstory:

Execution by firing squad is one of the rarest methods of capital punishment in the U.S. Since 1976, only three inmates have been executed this way, all in Utah. The most recent case was Ronnie Lee Gardner in 2010, who was executed for killing a lawyer during a courthouse escape attempt.

Historically, firing squads were more commonly used in military settings. During the Civil War, both the Union and Confederate armies executed deserters this way, often carrying out the executions in public to serve as a warning.

Brad Sigmon (Credit: South Carolina Department of Corrections)

Which states allow firing squads?

By the numbers:

Five states currently permit execution by firing squad:

  • South Carolina – Approved in 2021 as an alternative if lethal injection drugs are unavailable.
  • Utah – The only state to have used firing squads since 1976, most recently in 2010.
  • Oklahoma – Allows firing squads if lethal injection and electrocution are unavailable.
  • Mississippi – Firing squads are an option if lethal injection drugs cannot be secured.
  • Idaho – Approved in 2023 for similar reasons.

Why are firing squads making a return?

Dig deeper:

States have struggled to obtain lethal injection drugs after pharmaceutical companies began refusing to supply them for executions. South Carolina, for example, passed a law in 2021 allowing firing squads after facing lethal injection shortages.

Supporters argue that firing squads provide a more humane and reliable method of execution compared to lethal injection, which has been plagued by botched procedures. 

The Death Penalty Information Center reports that 7.12% of lethal injections from 1890 to 2010 were botched, compared to zero recorded botched firing squad executions during that period—though historical accounts suggest at least one case in 1879 went wrong.

Are firing squads more humane than lethal injection?

What we know:

The debate over whether firing squads are more humane than lethal injection remains unsettled. Justice Sonia Sotomayor has argued that firing squads may be a less painful alternative, as bullets aimed at the heart can cause near-instantaneous unconsciousness.

A view inside the death chamber at a Texas prison, where lethal injections are administered for executions. The method remains the most commonly used form of capital punishment in the U.S., though some states, including South Carolina, have authorize

In a 2017 Supreme Court dissent, she wrote, "In addition to being near instant, death by shooting may also be comparatively painless."

What we don't know:

However, not all experts agree. Some medical professionals warn that if the shots miss the heart, an inmate could remain conscious for several seconds, experiencing extreme pain. 

In 2019, anesthesiologist Joseph Antognini testified in a federal case that firing squad deaths are not always instant or painless.

Antognini stated that inmates could stay conscious for up to 10 seconds after being shot, depending on bullet placement. He warned that those moments could be "severely painful," particularly due to shattered bones and spinal cord damage.

The Supreme Court’s stance on execution methods

The U.S. Supreme Court has ruled that inmates challenging an execution method must propose an alternative that is "significantly" less painful. This has led some death row inmates to argue in favor of firing squads over lethal injection.

In Bucklew v. Precythe (2019), the Supreme Court ruled that some pain is not enough to declare an execution method unconstitutional. Justice Neil Gorsuch wrote for the 5-4 majority, stating, "The Constitution does not guarantee a prisoner a painless death—something that, of course, isn’t guaranteed to many people."

What’s next for firing squads in the US?

What's next:

While some states have moved to approve firing squads due to lethal injection shortages, their use remains rare. Sigmon’s execution on March 7 could be a test case for future applications of this method, particularly as legal challenges to lethal injection continue.

Despite concerns from human rights organizations and legal experts, the resurgence of firing squads suggests that states are increasingly looking for alternatives to carry out the death penalty amid logistical and legal hurdles.

The Source: This report is based on information from the Associated Press as well as historical data from the Death Penalty Information Center and previous rulings from the U.S. Supreme Court. Additional background was drawn from reporting by the New York Times on the history of firing squads and the legal framework surrounding their use. This story was reported from Los Angeles. 

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