The Shooting Times Winter 2018

Suspect Down!  Now What?

by Todd Burke

Many of you have chosen to carry responsibly and for all of the best reasons, and I applaud you for that.  As you continue to prepare by training and running “what if’s” through your head, you need to consider what will happen after the suspect(s) have been neutralized and the gunfire has ceased.  If you took CCW1 with us you will remember our last range exercise was in preparing for the arrival of the police; this will happen.  So let’s get knee-deep into this subject and call it out, because there is some really bad information out there that sets good people up to fail or fear doing what is their legal right to do – protect and defend.

This New Year, 2018, marks my 35^th year as a police officer and trainer of police officers.  I still have much to learn and my way is surely not the only way.  I have had the benefit of many life experiences that help me better understand how to make informed decisions under duress.  Something that disturbs me greatly is the bias, even open contempt toward good citizens, descendants of those who founded and died for this country, when we choose to exercise our Second Amendment rights.  Some of the speculations and embellished anecdotes spread by the media include:

Speculation 1: You don’t need a “black assault rifle with a 30 round clip” for defense.  Well, it’s not called the “bill of needs,” it’s called the “Bill of Rights” and that ammo-holder-thingy you call a “clip” is called a “magazine.”  Ask Carl Chinn, one of two members of the New Life Church in Colorado Springs (2007) who confronted an attacker who had just shot 2 people with an AR15 rifle, how he felt with only a KeI Tec 32 auto in his hand.  Please see the Faith Based Security Network http://www.carlchinn.com/home.html for more information.  You should be training with a rifle as well as a pistol.

Speculation 2: Don’t try to fight off an attacker; you will only make things worse.  You can raise your kids to be victims or self-empowering leaders of others.  When David slew Goliath, he was NOT the underdog!  David practiced and trained, and confidently stepped up when it was his time.  He even taunted the Philistine before he dropped him with a stone and then cut off his head with his own sword.  Goliath was dead when he got out of bed that morning!

Speculation 3: Our community is prepared with the best police, fire, and EMS first responders anywhere.  They are the ones who should be taking care of the emergencies.  Your local team may be the best second responders in the world, but it will be YOUR emergency first.  It is your choice to prepare or to remain in denial in the face of facts. The average law enforcement response remains longer than the entire duration of an active murderer’s attack.  Note that when a citizen stops an active murderer, the average number of people killed is between 2 and 3.  When the police arrive to stop an active murderer, the average number killed is 14.  I like citizens math a lot better!

Speculation 4: Engaging a criminal in a crowded public venue is very risky and dangerous.  Most people don’t have the skills to do it.  Innocent people could be killed.  Um, yes it is certainly dangerous.  Does that mean we shouldn’t even try to stop the murdering?  This does reinforce that while I advocate for our right to carry, we also have an obligation to get quality training and know what our abilities and limitations are.  There is much more to this than buying a gun and wearing it.  And while you are lamenting your inability to stop the killing…get out of my way!

Speculation 5: If you carry a firearm and intervene in a life-threatening encounter, you may be shot by the police when they arrive!  And here is the impetus behind my article.  This mindset is fear-mongering based upon absolutely no empirical information or case studies, just what-if and fear.

So let’s be clear.  I am not saying this has never happened.  I AM SAYING that I am not aware of a single event where a citizen has stopped a criminal life threat with a firearm and subsequently been mistaken for the criminal then shot by police.  There is a lot of conjecture about what could happen, so let’s approach this in a logical fashion.  Let’s talk about what you can do if you choose to be a responsible protector and what to do AFTER your shots have been fired and the suspect is down.  What can we do to stop, or at least minimize additional harm to you and everyone else?  Here are some considerations for the person who chooses to prepare and do the best they can as opposed to the person who chooses to live a fear-based life.  There are a lot of things to chew on here, but in the 5-25 minutes you will wait for emergency responders you can accomplish a lot of constructive things that can make a difference and prevent additional harm.

Confirm the suspect(s) cannot hurt anyone else.  Did the attacker drop their gun or is it still in their hands.  BE VERY CAREFUL WHEN APPROACHING A SUSPECT DOWN, particularly if you cannot see their hands!  There is a powerful force that will try to pull you in close, especially if you lose control of your emotions through screaming and yelling – BREATHE!  Purposeful movement can be an advantage but stay 8-12 feet away and out of their reach or lunge area.  Announce to others, “My name is John and I have a permit to carry.  Let’s help each other get through this.  YOU – don’t reach for the gun, stay on the ground, put your hands above your head.”  (They may not be able to due to their injuries.)  Announcing that you have a permit may seem silly but understand that many folks may be in shock and in need of direction.  They have not made the preparations you have.  Like Todd Beamer on Flight 93, “Let’s roll!” put everyone on the same page and their teamwork did the rest.  Remember – panic may be contagious, but so is calm!

Scan for additional attackers and threats.  Often there is more than one bad guy.  Even if they are not displaying a firearm, there may be someone else involved.  The armed attacks that we are now dealing with increasingly involve more than one bad guy.

Actively work to calm and control yourself.  The “shooting” may be over but your nervous system will be in overdrive!  Some senses will be hypervigilant, others may be subdued or even distorted.  Time stands still.  Your perceptions may change.  But even if your hands are shaking and your voice is cracking, you will prevail and lead others to a successful resolution.  Who you are, and how you behave, will speak very loudly.  This is the final exam and a culmination of your training up until now.  Be confident but not arrogant.  C’mon, you got this!

Secure the scene; solicit help from others who seem capable.  Communicate openly with the group and be assertive and clear; try not to yell.  Ask if there is anyone else who is licensed to carry.  They don’t necessarily need to get their gun out, but you just identified another person similar to you who has gone out of their way to prepare.  Trust your gut; use your instinct and observational skills.  If you can secure or isolate the suspect(s) by turning them on their stomach and holding their arms and legs down, or by using zip ties, duct tape, computer cables or cord to tie their arms behind their back, do this before attempting ANY first aid.  The suspect may be a bloody, sticky mess.  Securing the suspect(s) is not essential but we are trying to set up a “safer” scene where your pistol can be in the holster again before the police arrive.

Take note of a Las Vegas police officer applying a tourniquet to a suspect they were just forced to shoot.  The officers control before they cuff, and they cuff before they search or render aid.  This is standard practice.  The officer saved the criminal’s life with a CAT tourniquet many officers carry today to save themselves.  (Note: the video is both graphic and vulgar, but an excellent example of a capability we should all have and that we will teach in Crisis Casualty Care on February 3rd in Hallsville: [CLICK HERE FOR DETAILS on CRISIS CASUALTY CARE COURSE]

[CLICK HERE FOR TOURNIQUET VIDEO LVMPD]

Have someone call 911 and keep the line open.  This way you can give real-time information to responders.  The dispatcher will have lots of questions, many of which they will ask more than once.  You want to convey that “x” number of attackers are down and “good guys” are holding the scene until help arrives.  If you choose not to approach a suspect, or there is a need for someone to keep their pistol pointed at the criminal, that needs to be conveyed to the dispatcher.  “John Smith is wearing a blue shirt and green shorts, he is covering the attacker, he is NOT a criminal.  Again, John Smith, blue shirt, green shorts, GOOD GUY.”

Be prepared for the arrival of excited responders.  Demonstrate a universal posture for communication and assistance – your hand high in the air!  A brightly colored reflective ribbon known as a DSM or “don’t shoot me” is in widespread use with many civilian security teams.  It is carried in a pocket or pouch and can be deployed with one hand (after practice) in an emergency. Some believe that carrying a badge signifying your status as a CCW holder is a good idea – I think this is foolish and dangerous!  You are not the police and you should not try to behave as such.  When the police arrive and have to sort the whole mess out, you don’t need any additional scrutiny because of your behavior.  (Ribbons yes, badges NO!)  View the “Don’t Shoot Me” at http://www.dsmsafety.com/

Assess how many are seriously hurt and require immediate aid.  If you identify that 5 people have gunshot wounds, you can relay this to the 911 dispatcher so they can send additional resources.  In any multiple casualty incident, protocol dictates that the first arriving emergency responder survey and assess to determine what additional resources should be sent.

Give directions and suggestions to bystanders on providing medical and supportive care to others who are injured or in distress.  If no first aid gear is present (check break rooms, kitchens, locker rooms) improvise using materials at hand.  People will catch on quickly, just offer them the opportunity.

Avoid any phrases using the word GUN.  As responders arrive, especially police, avoid using the term GUN.  Say “armed” if necessary.  The word “GUN,” particularly in an elevated tone, tends to send police officers to an escalated level.

Continue to assess the scene, secure doors, and post spotters to watch for the arrival of responders or other problems or threats trying to get in from the outside.  FD or EMS may arrive first.  Whether or not they enter the scene before the police depends upon their policies or the supervisor on duty.  This varies greatly from one jurisdiction to the next and you may be forced to wait for medical help until after the first police officer arrives and declares the scene “stable.”

Encourage people to stay together.  There is strength in numbers, physical and emotional support will be better, and if multiple people are hurt we have already begun the setting up of a “casualty collection point” where resources will be directed, the physical location can be defended, and ambulances will be staged or routed to for evacuation.

Be careful what you say to the police when questioned.  Be cooperative without giving a descriptive statement.  YOU ARE A SUSPECT!  The police may be respectful and considerate to you but that does not mean they are not documenting everything.  Remember…anything you say CAN and WILL BE used against you.  Just because you have not been given a Miranda warning does not mean you are not on record.  In many cases the officer’s body camera will be recording you.  It is reasonable for you to say, “He came in with a gun and attacked us.  I defended myself.  I want to cooperate with you and I am a little upset right now.  I need to check in with my family.”  Under duress and right after an incident most people don’t have good recall or their “facts” are simply wrong.  Consider today’s standard practice for a police officer who has been involved in a shooting.  The officer is:

• Immediately escorted from the area and accompanied by friends;
• Protected and isolated from the media;
• Relieved of their service pistol as evidence and then provided a replacement;
• Given immediate access to family, clergy, their police union representative, and an attorney;
• Offered a meal with family;
• Given the opportunity for a full night’s rest before beginning their report. Correctly so, police departments have learned how to advocate for their officers who have been forced to defend life with deadly force.  Who is going to advocate for you?

When you are in a safe/quiet place, write down everything you can remember.  What first drew your attention to danger and caused you to act, what did the suspect say, what did they do, where were you coming from/headed to, how many witnesses were there, what did other people say/do.  Write down details you remember, they can be organized later.

Establish a relationship with an attorney or decide who you would call BEFORE an incident happens.  While we want to believe “happily ever after” will be the outcome, you must prepare for what could happen otherwise.  It is a good idea to speak with an attorney the day after the incident with the notes you made.  You may not be arrested at the scene, but it is still possible to be charged later.  Other witnesses may be unreliable and suspects LIE.  Here is where your constructive actions after the suspect was stopped can work to your advantage.  Your behavior will be recalled as controlled and helpful in stark contrast to what the criminal may claim

Take care of yourself and let your close circle of friends shield and protect you.  Lean on your friends, family, faith, and know you did the right thing.  You prepared for this.  Stay out of sight, avoid the media and advise your family not to talk to them either.  The less the media has the sooner they will move on to another story.  Ease yourself back into your routine.  An event like this will be on your mind for a long time.

There is a lot to think about here, and lots to practice.  Make yourself an index card with these prompts and practice them.  If it were easy, not only would more people be doing it, but there would be a lot less arguing and controversy, right?  Life today is dangerous and you don’t get to choose the final exam.  The final exam chooses you.  Study well and study often!

Defending Yourself…and Others

by Caleb Martin

My name is Caleb Martin, I’m from Omaha, Nebraska, and I am an average guy that lives a blessed life. I grew up in what I would call the better part of town and went to the best high school in the state. I enjoyed playing football there and then in college at the University of Nebraska at Omaha for the final 3 years of the program there. I am the oldest of six children with two amazing parents, and I am currently engaged to a wonderful woman who loves the Lord as much as I do. I am an electrician by trade, serve on my church’s security team, and I love anything and everything outdoors.

When it comes to firearms and personal safety I never thought much about it when I was growing up.  My thoughts about personal safety were pretty much limited to holding my own and winning a fight and wearing my seatbelt while driving. What really activated my self-defense radar were the armed attacks at The New Life Church in Colorado Springs and Von Maur’s Department Store in Westroads Mall here in Omaha.  Both of these events happened in 2007.

https://en.wikipedia.org/wiki/2007_Colorado_YWAM_and_New_Life_shootings

http://www.foxnews.com/story/2007/12/06/gunman-kills-eight-then-himself-at-omaha-shopping-mall.html

These occurred as I was nearing the end of my high school career. I realized that I didn’t have as much control over my own safety as I had thought, and I wanted to take steps toward being able to adequately protect myself. I qualified and applied for my Concealed Handgun Permit and received it in 2013 when I turned 21. I thought that just having my CHP and carrying on occasion was enough to keep me protected, but I had no idea just how wrong I was.

With the mindset that I was a decent shot and could adequately protect myself, my family, my congregation and those around me in any situation just by having my gun, I enrolled in a week long defensive pistol course with Todd Burke. Going through this class not only forced me to become a better shot and gave me a skill set that I didn’t know existed, but it shifted the way I thought about self defense and protection.  The one thing that impacted me from that week, beyond the things I learned in the classroom and on the range, was the Ego Box. The first day, we stood in a circle and literally took off the “ego suit” we all were wearing and put it in a box, which Todd took and put away. On the last day of the class, Todd brought out the box and set it in front of the room and asked us if anyone wanted to come and get their ego back. Nobody moved. Not only did Todd give us an amazing training experience, but he gave us an impactful life lesson as well… “When we take care our brothers and sisters, we find our true value. Our ego means nothing, our character means everything.” This is the essence of what we call the “sheepdog mentality.”  We provide cover and protection for those who can’t cover and protect themselves, and we are ever vigilant over those that Father God has entrusted us with.

One Sunday afternoon, I went to a large retailer with my family to get Christmas decorations. I was debating whether to bring my sidearm with me and decided that I would rather have it and not need it than need it and not have it. I rode with my sister to the store and as we pulled into the parking lot I noticed a car driving through the back of the lot at a high rate of speed with a young man on the hood. As we were driving to the back of the lot the car took off down a side street with the young man still on the hood. I told my sister to follow them so that I could hopefully attempt to stop the car and get the kid off of the hood. As we approached them, the driver turned onto the main road and tried several times to throw the kid from the hood into traffic. I watched with horror as I thought the young man would surely fall off the car and either be run over or seriously hurt. When I saw this my sheepdog mindset took over. I wanted nothing more than to stop the car and get that kid off of it. We followed them about a half mile at a high speed until they turned into another major retailer. When we pulled in behind them, the passenger of the car and the kid on the hood were on the ground fighting, and I immediately went to separate them as my sister called 911. As I moved toward them the driver began to drive at me. I drew my pistol and took aim at the driver, and he stopped. I ordered him out of the vehicle and onto the ground, to cross his feet behind him and place hands on his head. I moved to the other two who were now fighting each other and ordered them both to the ground as well. Once the life threats were removed, I holstered my pistol and waited for law enforcement to arrive.

Without my training in verbal tactics, pistol handling, and decision-making (shoot/don’t shoot), I would not have been able to handle this situation at all.  It could have ended horribly for all of us. I am thankful that I didn’t have to pull the trigger that day. The officer I spoke with told me that I handled it well, and that this was his third incident that week where a CHP holder intervened in a situation. This event just reinforces that we must always be ready for the test that we train for our whole life, and pray we never have to take.

Classes in January and February!

Can I Have That Conviction Expunged…and Then Get My CCW Permit?

by Dale Roberts

Expungement is a court-ordered process in which the legal record of an arrest or a criminal conviction is “sealed,” or erased in the eyes of the law.

I have received a number of questions about this topic.  It is especially timely now that the new statute is going into effect.  New Year’s Day, 2018, could bring new meaning to the phrase “fresh start” for thousands of Missouri citizens thanks to a new law which greatly expands the number of  low-level, nonviolent offenses for which citizens can receive an expungement.

Previously, there were very few convictions that could be expunged from your record.  As of January 1, 2018, a new law goes into effect which allows more than 1900 (!) different offenses to be expunged.  Technically, the new law creates a process to seal (and not destroy) your record.  This means it is still ‘there.’ The new law will help more people who were previously convicted of nonviolent, low-level offenses by sealing the public record.  One of the few requirements under the statute is that it has been at least seven years if the offense was a felony, or at least three years if the offense was a misdemeanor, municipal offense, or infraction.

Pursuant to this new statute a person who has been granted an expungement may answer “no” to an employer’s inquiry into whether the person has ever been convicted of a crime.  Offenses not eligible for sealing include: Class A Felonies, dangerous felonies, offenses that require registration as a sex offender, felonies that include death as an element of the offense, felony assaults, misdemeanor or felony domestic assault, felony kidnapping, and a number of other offenses as listed in Section 610.140.2(6).  (see https://tinyurl.com/ycnzdq56 )

So, the good news is you can get the record of that youthful indiscretion sealed and no one, no employer, etc., will know about it.

The not-so-good news, the statute states quite clearly “a person granted an expungement shall disclose any expunged offense, violation, or infraction when the disclosure of such information is necessary to complete any application for: …permit issued under chapter 571.”  Chapter 571 contains the provisions for a concealed carry permit.  In other words, while this statute may give you a “fresh start” and a clean record where the public is concerned, it does not hide your conviction from the CCW background investigation.  You must still disclose that youthful indiscretion and it will still prevent you from getting a CCW permit.

Of Those 17 Prohibited Places…What if I Accidentally Go There?

by Dale Roberts

We all know there are those “17 places” where the statute does not give you the right to enter.  Section 571.107.2 goes on to say if you do enter it “shall not be a crime.”  So what really happens if you accidently enter one of those places with your firearm?

Consider the case of Doe v. St. Louis County Prosecutor, et al.[1]  On October 3, 2014, Doe arrived at the St. Louis Airport and was detained when TSA agents found a loaded pistol in his carry-on luggage.  Doe was arrested for unlawful use of a weapon in violation of §571.030.1(1).

At trial, Doe admitted the TSA agents found his gun inside his carry-on luggage when it was screened at a security checkpoint within the Airport.  Doe also testified he had a valid concealed carry permit. The trial court found there was probable cause to believe that Doe committed the offense of ‘unlawful use of a weapon.’  Doe filed an appeal on March 14, 2016.

The Appellate Court first addressed whether carrying a concealed firearm into an airport by an individual who holds a valid concealed carry permit constitutes “an unlawful use of a weapon” under Missouri law. Generally, a person commits the offense of unlawful use of a weapon if they knowingly carry a firearm “into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof.”  However, §571.030.4 provides an exception to the general rule of what constitutes an unlawful use of a weapon, stating that the Airport prohibition[2]  does not apply to individuals with a valid concealed carry permit.

Nonetheless, Section 571.107.1 specifies (17 places) where a ccw permit does not allow a person to carry a concealed weapon. One of these areas is “any area of an airport to which access is controlled by the inspection of persons and property.” However, Section 571.107.2 specifically states the “carrying of a concealed firearm in a location specified in (the 17 places) of subsection 1 of this section by any individual who holds a concealed carry permit…shall not be a criminal act.”

In other words, while it is generally an unlawful use of a weapon to carry a loaded firearm into an airport, the Missouri Legislature has made an exception for concealed carry permit holders!

In this case, Doe’s arrest was based on an officer’s misunderstanding of the law.  The officers thought that Doe’s conduct constituted a criminal offense under §571.030.1(1).  The Appellate Court found that, technically, when Doe, a holder of a concealed carry permit, brought his firearm to the security checkpoint of the Airport (1) he could have been denied entry and (2) he could have been removed but he did not commit the offense of unlawful use of a weapon under §571.030.1(1).  Because Doe’s actions did not constitute “a criminal act” under Missouri law the Appellate Court found Doe’s arrest was based on false information.  The court went on to say that when an arrest was based on false information an individual should not be saddled with an erroneous arrest record.  The Court held Doe had not violated any law and ordered his arrest record to be destroyed.

WARNING:  You should still exercise great caution with regard to those “17 places.”  Doe did not violate the law but it probably cost between $30,000 and $50,000 to prove he was innocent!

[1] Doe v. St. Louis County Police Department, 505 S.W.3d 450, 2016.

[2] See:  §571.030.1(8)

Pending Firearms-Related Legislation – January 2018

by Dale Roberts

The Missouri legislature convened on Wednesday, January 3^rd, for the 2018 legislative session.  I have reviewed the firearms legislation that has been filed, so far, and thought I would share the following with you.  I am not reporting on all pending legislation that addresses firearms.  There are a number of bills, filed by the usual suspects, that we know simply won’t go anywhere.  (Such as bills requiring a 24 hour waiting period, reversing the Castle Doctrine, and so on.  Don’t be alarmed by those bills when the local news embraces them.  They will never pass in our current legislature!)

House Bill 1256          Rep. Nick Schroer  (R-107)   https://tinyurl.com/y94asrn2

Imposes restrictions on the use of firearm tracking technology.  For the purpose of this bill, “Electronic firearm tracking technology” means a platform, system, or device, or a group of systems or devices, that uses a shared ledger, distributed ledger, or block chain technology or any other similar form of technology or electronic database for the purpose of storing information in a decentralized or centralized way; that is not owned or controlled by any single person or entity; and that is used to locate or control the use of a firearm.”

House Bill 1326          Rep. Steven Roberts (D-77)  https://tinyurl.com/ya6jfacv

Provides that a taxpayer shall be allowed a deduction up to $500 for the costs of up to eight hours of firearm training the taxpayer completed during the tax year. (!)

House Bill 1382          Rep Rocky Miller  (R-124)  https://tinyurl.com/yd5kn87r

This bill would remove houses of worship from the list of 17 places where your permit “does not authorize” you to carry a weapon.

House Bill 1760          Rep Jeff Pogue (R-143)  https://tinyurl.com/y9r4afas

This bill creates the “Second Amendment Preservation Act.” In a nutshell, this bill “Declares that it must be the duty of the courts and law enforcement agencies to protect the rights of law-abiding citizens to keep and bear arms and that no person, including a public officer or state employee of this state or any political subdivision of this state, can have authority to enforce or attempt to enforce any federal laws, orders, or rules infringing on the right to keep and bear arms;”  It would attempt to nullify any federal laws which infringe on the people’s right to keep and bear arms

House Bill 1768          Rep. Mike Moon  (R-157)  https://tinyurl.com/ybmldz4e

Removes the provision that allows private property owners to post their property as “off limits” to persons with a concealed weapon.

House Bill 1865          Representative Justin Hill (R- 108)  https://tinyurl.com/y9v3d5bv

“Specifies that lawful owners of firearms may transport or store the firearms in locked, privately-owned motor vehicles.”  In a nutshell, this bill would remove an employer’s ability to prohibit you from having a firearms in your vehicle on the employer’s parking lot.

House Bill 1936          Representative Jered Taylor (R-139) https://tinyurl.com/y8gzquen

“Modifies provisions relating to the concealed carrying of firearms’’  This bill was just filed as I was writing this column.  It is 17 pages long and rather complex but on first examination it appears to remove almost all of Missouri’s “Gun Free Zones.”  It would prohibit an institution, college, or university from banning concealed weapons on campus and it would also prohibit institutions of higher learning from imposing any contractual requirement or condition of employment upon any employee, faculty member, or student that generally

prohibits the lawful possession or carry of firearms by such persons (on campus.)

House Bill 1937          Representative Jered Taylor (R-139)  https://tinyurl.com/y8gzquen

“Prohibits political subdivisions from regulating the open carry of firearms.”  Currently, a municipality may prohibit ‘open carry’ unless you have a CCW permit. This bill would prohibit cities and towns from prohibiting or regulating open carry under any and all circumstances.

CONCLUSION:  More firearms related bills will be filed as the session goes on.  I provide an update on legislation at https://www.facebook.com/PalladiumofLiberty/.

But as to these bills, actually this applies to any and all legislation, Todd and I can both attest to the influence a few phone calls or email messages can have.  We have had legislators tell us “if I get contacted by 10 people about something I know it is important.”  Yes, a few people can make a difference! YOU can make a difference.  Find your legislator here:  https://tinyurl.com/lx7lsxv.

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Parting Shots: Erasmus’ 22 Principles

Desiderius Erasmus published Enchiridion militis Christiani, which is one of his most influential works. The title means “Handbook of the Christian Knight (or Soldier).”  Lt. Col. Dave Grossman, published twenty-two virtues from this short work in his book, On Combat.  Here are the twenty-two principles on how to be strong while remaining virtuous in a dangerous world: