US Expands Federal Death Penalty: Firing Squad and Gas Approved

Justice Department Authorizes New Execution Methods

The United States Department of Justice announced on April 24, 2026, a sweeping expansion of federal execution methods, authorizing the use of firing squads, electrocution, and gas asphyxiation alongside lethal injection. The policy shift, detailed in a DOJ report, aims to overcome persistent shortages of lethal injection drugs that have stalled federal executions. Acting Attorney General Todd Blanche stated the department is restoring its duty to seek and implement lawful capital sentences, following President Donald Trump's Day-One Executive Order on January 20, 2025, which rescinded the Biden-era moratorium on federal executions.

Under the new protocol, the Federal Bureau of Prisons has been instructed to modify execution procedures to include methods currently permitted in certain states. The DOJ has authorized seeking the death penalty against 44 defendants and is streamlining habeas corpus review to expedite capital cases. This marks the first time firing squads will be permitted for federal executions, a method last used by the federal government in the 19th century.

Background: The Battle Over Federal Executions

The federal death penalty has been a political flashpoint for years. During his first term, President Trump oversaw 13 federal executions between July 2020 and January 2021, ending a 17-year hiatus. In contrast, President Joe Biden imposed a moratorium on federal executions in July 2021 and, on December 23, 2024, commuted the sentences of 37 of the 40 individuals on federal death row to life imprisonment without parole. Only three inmates remain on federal death row: Boston Marathon bomber Dzhokhar Tsarnaev, Pittsburgh synagogue shooter Robert Bowers, and Charleston church shooter Dylann Roof.

The DOJ report sharply criticized Biden's actions, stating they frustrated the will of Congress and the courts. The Biden death penalty commutations left only a handful of federal inmates eligible for execution, but the Trump administration has moved to aggressively pursue capital punishment for new cases.

New Execution Methods: Firing Squad, Electrocution, and Gas

Firing Squad

Five states currently permit execution by firing squad: South Carolina, Mississippi, Utah, Oklahoma, and Idaho. South Carolina carried out its first firing squad execution in 15 years in 2024. Idaho's law allowing firing squads took effect in July 2025. The federal government will now adopt similar protocols, typically involving a three-person firing squad aiming at the inmate's heart.

Gas Asphyxiation

Alabama pioneered the use of nitrogen hypoxia in 2024, executing inmates by forcing them to breathe pure nitrogen. The method has drawn intense criticism, with witnesses describing prolonged suffering. The DOJ's new policy authorizes gas asphyxiation, including nitrogen hypoxia, as an alternative method.

Electrocution

While the electric chair remains legal in several states, its use has declined sharply. The DOJ's inclusion of electrocution provides another option if lethal injection drugs remain unavailable.

The lethal injection drug shortage has been a driving factor behind the policy shift. Pharmaceutical companies have increasingly refused to supply drugs for executions, leading states and the federal government to seek alternatives.

Political and Religious Reactions

The announcement drew swift condemnation from human rights organizations and religious leaders. On the same day, Pope Leo XIV delivered a video message marking the 15th anniversary of Illinois' abolition of the death penalty, stating: 'The right to life forms the foundation of all other human rights. Therefore, a society can only flourish and prosper if it protects the sanctity of human life.' The Pope reiterated that the death penalty is 'inadmissible' under Catholic teaching.

Domestically, the death penalty debate in America remains deeply polarized. Public support for capital punishment has declined to 52% according to recent Gallup polls, down from 80% in the 1990s. However, some states have accelerated executions. Florida executed 19 inmates in 2025, the most of any state in a single year in modern history, as Governor Ron DeSantis signed death warrants at an unprecedented pace.

Implementation and Next Steps

The DOJ plans to propose rules to streamline federal habeas review of capital cases, limit clemency petitions, and revise the Justice Manual to prioritize capital prosecutions. The Bureau of Prisons must now develop specific protocols for each new method, including training personnel and modifying execution chambers.

Legal challenges are expected from civil liberties groups, who argue that methods like firing squad and gas asphyxiation constitute cruel and unusual punishment under the Eighth Amendment. The Supreme Court has not directly ruled on firing squads in the modern era, though it has upheld lethal injection protocols against similar challenges.

FAQ: US Federal Death Penalty Expansion

What new execution methods did the DOJ approve?

The DOJ approved firing squads, electrocution, and gas asphyxiation (including nitrogen hypoxia) as federal execution methods, in addition to lethal injection.

Why is the US expanding execution methods?

The primary reason is the difficulty in obtaining lethal injection drugs, as pharmaceutical companies have restricted sales for executions. The DOJ also cites President Trump's executive order to strengthen the death penalty.

How many people are on federal death row?

As of April 2026, three people remain on federal death row after Biden commuted 37 sentences. However, the DOJ has authorized seeking the death penalty against 44 new defendants.

Which states allow firing squad executions?

Five states permit firing squads: South Carolina, Mississippi, Utah, Oklahoma, and Idaho. South Carolina used it in 2024 for the first time in 15 years.

What is the international reaction?

The European Union and human rights groups have condemned the expansion. Pope Leo XIV issued a statement calling the death penalty 'inadmissible' and an attack on human dignity.

Sources

Information for this article was compiled from the U.S. Department of Justice official statement (April 24, 2026), reports by Associated Press, Reuters, The New York Times, NBC News, USA Today, and the Vatican Press Office.