Consultant Memo - Jovan Petkovic - Home



Advanced Firearms and Active ShooterJovan PetkovicCUR 516Phillis CarbonaroOctober 9, 2014ARS Title 13, Chapter 4 Justification13-401. Unavailability of justification defense; justification as defenseA. Even though a person is justified under this chapter in threatening or using physical force or deadly physical force against another, if in doing so such person recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.B. Except as provided in subsection A, justification, as defined in this chapter, is a defense in any prosecution for an offense pursuant to this title.13-402. Justification; execution of public dutyA. Unless inconsistent with the other sections of this chapter defining justifiable use of physical force or deadly physical force or with some other superseding provision of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by law.B. The justification afforded by subsection A also applies if:1. A reasonable person would believe such conduct is required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or2. A reasonable person would believe such conduct is required or authorized to assist a peace officer in the performance of such officer's duties, notwithstanding that the officer exceeded the officer's legal authority.13-403. Justification; use of physical forceThe use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:1. A parent or guardian and a teacher or other person entrusted with the care and supervision of a minor or incompetent person may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent reasonably necessary and appropriate to maintain discipline.2. A superintendent or other entrusted official of a jail, prison or correctional institution may use physical force for the preservation of peace, to maintain order or discipline, or to prevent the commission of any felony or misdemeanor.3. A person responsible for the maintenance of order in a place where others are assembled or on a common motor carrier of passengers, or a person acting under his direction, may use physical force if and to the extent that a reasonable person would believe it necessary to maintain order, but such person may use deadly physical force only if reasonably necessary to prevent death or serious physical injury.4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon that person to the extent reasonably necessary to thwart the result.5. A duly licensed physician or a registered nurse or a person acting under his direction, or any other person who renders emergency care at the scene of an emergency occurrence, may use reasonable physical force for the purpose of administering a recognized and lawful form of treatment which is reasonably adapted to promoting the physical or mental health of the patient if:(a) The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person entrusted with his care and supervision except as otherwise provided by law; or(b) The treatment is administered in an emergency when the person administering such treatment reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.6. A person may otherwise use physical force upon another person as further provided in this chapter.13-404. Justification; self-defenseA. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force.B. The threat or use of physical force against another is not justified:1. In response to verbal provocation alone; or2. To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or3. If the person provoked the other's use or attempted use of unlawful physical force, unless:(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and(b) The other nevertheless continues or attempts to use unlawful physical force against the person.13-405. Justification; use of deadly physical forceA. A person is justified in threatening or using deadly physical force against another:1. If such person would be justified in threatening or using physical force against the other under section 13-404, and2. When and to the degree a reasonable person would believe that deadly physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly physical force.B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act.13-406. Justification; defense of a third personA person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.13-407. Justification; use of physical force in defense of premisesA. A person or his agent in lawful possession or control of premises is justified in threatening to use deadly physical force or in threatening or using physical force against another when and to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.B. A person may use deadly physical force under subsection A only in the defense of himself or third persons as described in sections 13-405 and 13-406.C. In this section, "premises" means any real property and any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.13-408. Justification; use of physical force in defense of propertyA person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.13-409. Justification; use of physical force in law enforcementA person is justified in threatening or using physical force against another if in making or assisting in making an arrest or detention or in preventing or assisting in preventing the escape after arrest or detention of that other person, such person uses or threatens to use physical force and all of the following exist:1. A reasonable person would believe that such force is immediately necessary to effect the arrest or detention or prevent the escape.2. Such person makes known the purpose of the arrest or detention or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested or detained.3. A reasonable person would believe the arrest or detention to be lawful.13-410. Justification; use of deadly physical force in law enforcementA. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:1. Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or2. A felon who has escaped from lawful confinement; or3. A felon who is fleeing from justice or resisting arrest with physical force.B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.C. The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes that it is necessary:1. To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.2. To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:(a) Has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.(b) Is attempting to escape by use of a deadly weapon.(c) Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay.(d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another's potential use of physical force or deadly physical force.13-411. Justification; use of force in crime prevention; applicabilityA. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.B. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.13-412. DuressA. Conduct which would otherwise constitute an offense is justified if a reasonable person would believe that he was compelled to engage in the proscribed conduct by the threat or use of immediate physical force against his person or the person of another which resulted or could result in serious physical injury which a reasonable person in the situation would not have resisted.B. The defense provided by subsection A is unavailable if the person intentionally, knowingly or recklessly placed himself in a situation in which it was probable that he would be subjected to duress.C. The defense provided by subsection A is unavailable for offenses involving homicide or serious physical injury.13-413. No civil liability for justified conductNo person in this state shall be subject to civil liability for engaging in conduct otherwise justified pursuant to the provisions of this chapter.Please read each questions carefully. The test consists of 10 true and false questions. You must determine if the statement is true or false. Please keep in mind that the test is not timed, and a word can make the difference. Circle the appropriate answer.There are three firearms safety rules.TrueFalseA firearm has three major components, slide, frame, and magazine.TrueFalseThe use of deadly force is justified in response to verbal provocation.TrueFalseDeadly force is justified to protect yourself or another person against serious bodily harm or imminent death caused by another.TrueFalseDeadly force is a shocking event.TrueFalseIn every instance, a profiled active shooter selected specific persons to shoot.TrueFalseTactical loitering is referred to police tactics in responding to an active shooter call.TrueFalseThe best course of action is to quickly respond to the area of active gunfire, to identify, challenge, and stop the threat, to limit the loss of life.TrueFalseThe firearms safety rules contain the following four components: All guns are always loaded, point the muzzle in a safe direction, keep the finger of the trigger until you are ready to shoot, Know what is in front and beyond the target.TrueFalseActive shooters may have two purposes, to cause mass casualty, or shoot selected persons.TrueFalseInstructor Answer SheetThere are three firearms safety rules.TrueFalseA firearm has three major components, slide, frame, and magazine.TrueFalseThe use of deadly force is justified in response to verbal provocation.TrueFalseDeadly force is justified to protect yourself or another person against serious bodily harm or imminent death caused by another.TrueFalseDeadly force is a shocking event.TrueFalseIn every instance, a profiled active shooter selected specific persons to shoot.TrueFalseTactical loitering is referred to police tactics in responding to an active shooter call.TrueFalseThe best course of action is to quickly respond to the area of active gunfire, to identify, challenge, and stop the threat, to limit the loss of life.TrueFalseThe firearms safety rules contain the following four components: All guns are always loaded, point the muzzle in a safe direction, keep the finger of the trigger until you are ready to shoot, know what is in front and beyond the target.TrueFalseActive shooters may have two purposes, to cause mass casualty, or shoot selected persons.TrueFalseStudent Course SurveyThank you for completing the course, and taking steps to increase your body of knowledge, adding vital components to your survival skills. Please take a moment and complete the student course survey form. Feedback will be treated confidential.What did you like about the course, the contents, and instructor?What other type of training/topics would you like to see included in the course?Did the course meet your expectations? Has it prepared you to deal with an active shooter in your workplace? Why (Explain in detail please)?AZ DPS Lesson Plan (Exerts)Safety Briefing (to be repeated as necessary throughout the class): The safety briefing below is a guide to assist the instructor with pertinent instructions and should be used as needed. Some instructions may not be applicable to the training and may be left out. Other instructions may be added at the instructor’s discretion.? No loaded firearms are permitted in any training area unless specifically required by the instructor? Firearms shall be inspected by the instructor before qualification and remain unloaded until told otherwise? Eye and ear protection will be worn while on the firing course? Firearms used for training purposes other than qualification on a range shall be unloaded and inspected by the instructor teaching the class (If available, at least one student knowledgeable of firearms shall also inspect the firearm)? Students are expressly prohibited from being under the influence to any extent of alcoholic beverages or drugs which may affect judgment or coordination while attending this class? No “horseplay” while in class or on the range? Students will follow all commands given by the instructor? When on the range, all firearms will be benched or holstered, unless told otherwise by the instructor? The four safety rules shall be strictly adhered to at all times? At the command of “cease-fire”, all shooters will immediately stop firing, keep their weapons pointed downrange and listen for further instructions from the instructor. Anyone may yell cease-fire if they observe an unsafe act ? Violations of these rules may result your dismissal from the class? Other (Appropriate clothing, drinks, snacks, first aid, etc.)SAFETY AND STORAGE? There is no such thing as an “accidental discharge” of a firearm, unless the weapon is defective. Weapons fire due to intent or carelessness.A. The Five Firearms Safety Rules (Stress the importance of knowing and following the safety rules).? All firearms are considered loaded (never assume anything – check it)? Always point firearms in a safe direction (downrange, the ground, etc.), until on target and ready to fire? Always keep your trigger finger straight along the frame until on target and ready to fire? Always know your target and what’s behind it (bystanders, traffic, etc.)? Maintain control of your firearm (if not in possession, lock it up)B. Weapon Manipulation (Discuss & Review Sub-Section B briefly)Stress the importance of being able to 1) recognize the different types of handguns and their condition and 2) be able to operate the various functions of that weapon through familiarization.C. Firearm Retention and Equipment (Discuss & Review Sub-Section C briefly. Assist students with organizing their gunbelt, as needed)Ammunition and storage (Discuss & Review Sub-Section D briefly)1. Ammunition? Insure the proper caliber is obtained for the firearm and that it is from a reliable source? Inspect the ammunition for defects (twisted primers, bullets properly seated, etc.)? Factory ammunition should be used2. Storage? Ammunition not in use should be stored in a clean, dry location in its original factory container or a container designed for storing ammunition? Store ammunition in a location other than where the firearm is stored, unless locked in a safe or other secured container? Extra ammunition for use on duty will be stored in extra magazines or speed loaders – carry at least two full reloads for the particular type of handgun you are carrying, if possible (periodically exchange this ammunition with new ammunition)E. Training household members (Discuss & Review Sub-Section E briefly)? All family members should be familiar with guns stored in the home and taught basic firearms safety? Children should be taught to not handle a “found” firearm and to report it to a responsible adult (stop, don’t touch, leave the area, tell an adult)? If appropriate, visitors should be told of the presence of loaded firearms in the homeF. Hazards of loaded firearms in the home (Discuss & Review Sub-Section F briefly)? Discuss: Family members and visitors who are not familiar with the inherent hazards of firearms are at risk should they encounter a loaded firearm in the home; Persons shot while cleaning firearms or with “unloaded” firearmsLaws and deadly forceLaws pertaining to firearms and deadly physical force (Reminder, in some chapters only certain statutes must be addressed and they are given in italics. Remind students that Michael Anthony’s legal reference manual is on the AZ DPS website and they may thoroughly study this material at their convenience)1. Briefly discuss ARS Title 13, Chapter 11, Homicide (Section III.A) 13-1102, 1103.2. Briefly discuss ARS Title 13, Chapter 12, Assault and Related Offenses (Section III.B) 13-1201, 1202, 1203, 1204.3. Briefly discuss ARS Title 13, Chapter 15, Criminal Trespass and Burglary (Section III.C) Cover aspects that pertain to armed guards.4. Briefly discuss ARS Title 13, Chapter 29, Offenses Against Public Order – Disorderly Conduct (Section III.D) 2904.A.6 & discuss how 2911 could affect persons with weapons on school grounds.5. Briefly discuss ARS Title 13, Chapter 31 Weapons and Explosives (Section III.E) 13-3101, 3102, 3107, 3112. Information that does not pertain to carrying deadly weapons may be omitted.6. Briefly discuss Civil Laws Impacting the Use of Firearms (Section IV) Overview of Intentional Acts and Negligence.7. Thoroughly discuss ARS Title 13, Chapter 4, Justification (Section V) All relevant subsections to include 401, 402.B.2, 403.6, 404, 405, 406, 407, 408, 411, 412, 413 & 417. Subsections that do not pertain to armed guards carrying weapons may be omitted. This chapter is the most crucial section of the law and legal training requirement and all instructors must be thoroughly knowledgeable of this section of the legal text (Section V).8. Briefly discuss ARS Title 4, Chapter 2 (4-244.29) (Patrons may not bring firearms into commercial establishments that serve alcohol for consumption on the premises)9. Briefly discuss other applicable laws (Section VII) 13-3601, 3602 (only how these sections pertain to possessing firearms) Section VII.A.4 & 18 USC 922 – Federal Gun Free School Zone overview (only provide general awareness of this federal law, direct students with in-depth questions to consult an attorney) Section VII.J.WEAPON CARE AND MAINTENANCE (Discuss & Review Section IV briefly, primarily stress the need to keep the handgun clean)A. Read the owner’s manual (Many are available on the internet or by corresponding with the manufacturer)B. Safety (unload, no ammunition present)C. Field Stripping (as applicable, read owner’s manual)D. Magazines (cleaning, check for defects, no lubricants)E. Cleaning and lubrication (proper equipment, solvents & lubricants, how often)F. Function check before loading the firearmMENTAL CONDITIONING and TACTICSVisualization Techniques (Discuss & Review Sub-Section B briefly)? Use “what if” scenarios to prepare an appropriate reaction? The way you prepare and train will be the way you respond in a high stress situation? You will not likely have time to create a plan once the attacker engages youDefensive Measures (Discuss & Review Sub-Section B briefly)1. Before the confrontation (Passive defensive measures)a. Ensure your equipment is in good working order (firearm, flashlight, handcuffs, etc.)b. Know the physical layout of the building or area of responsibilityc. Professional appearance (studies conducted by the FBI have shown that violent felons have been more reluctant to assault uniformed officers who displayed a professional and neat appearance) Section not applicable for this coursed. Projection (Posture, head erect, making eye contact, walking with a purpose, overall confidence) Section not applicable for this coursee. Awareness (Always be aware of what is going on around you)f. Ability to apply deadly force (Do not carry deadly weapons unless you are prepared to use them)g. Verbal commands and de-escalation (Includes verbal communication such as self-identification and challenges - "Security", "Who are you?", “What’s the problem?”, “Stop!", etc.)h. Confidence – know your responsibilities and authorityThe Confrontation (The fight is on – active defensive measures)a. Appropriate level of forceWhat is the overall situation?What is/are the aggressor(s) doing? (Demeanor and actions - watch the hands)What weapons, if any, does the aggressor possess? (Pipe, knife, gun?)Non-lethal weapons (If an option – mace, batons, flashlights, stun guns, etc.)Should you retreat and call for help?Is threatening deadly physical force justified and the best option?b. Assailants attempting to take the firearm at close quarters1. Holstered (belt/hip)? Obtain firing grip, use support hand over the top (keep handgun in holster)? Rapidly turn firing side hip away from assailant, repeat until they release? Retreat and regroup? Verbal commands ("Stop, let go", etc.)2. Not holstered and assailant has a grip on the barrel/slide? Keep the trigger finger straight along the frame or wrap around grip? Use the support hand as needed to also grip the handgun? Violently pull the handgun back towards your body, down or rapidly move the muzzle in a clockwise or counter-clockwise movement or a combination of all three methods? Consider using support hand to strike the assailant’s face/nose/throat? Keep fighting until assailant lets go? Retreat and regroup? Verbal commands ("Stop, let go", etc.)c. Is deadly physical force justified and the best option?d. Do you have the opportunity to draw your handgun?How close is the aggressor? (In your face vs. 5-20 feet away)Can they reach your handgun?After drawing, should I keep my handgun in close or extend my arms into a shooting position?e. Never give upf. Firing (Expectations, hitting the attacker, blood, injury, death)3. If Deadly Physical Force has been useda. Misconceptions (Real life vs. movies)b. Did you make a plan? (What are you going to do now?)c. Injuries (To attacker and/or self, first aid)d. 911 – Call immediately, follow their instructionse. Arrival of the police (Empty hands, secure the handgun, don’t disturb the scene)f. Investigation (Crime scene, confiscation of the handgun as evidence, attorney, police interviews)g. Physical reactionsAdrenaline rush, excitability, sleeplessness (May last for days)Depression, fatigue (May last for days)h. Psychological reactionsElationRevulsionRemorseSelf-DoubtAcceptancePost-Traumatic Stress4. Grappling with suspects while holding a handguna. If a person is only justified in using physical force after drawing a handgun, the handgun must be holstered before grabbing or wrestling with the suspect. This includes handcuffing.b. "Sympathetic grip" can be experienced by a person in a high stress situation. Sympathetic grip can occur when one hand grips an object and the other hand mimics the same movement, even though it is not directly involved with the gripping action. In other words, if a person grabs another person with their support hand while they are holding a handgun in their firing hand, they can unconsciously fire the weapon if their finger is on the trigger. This event could obviously lead to tragic and unintentional results (Keep your trigger finger straight along the frame).c. If a person is justified in making an arrest or detaining a suspect at gunpoint, the person must stay out of arms reach from the suspect.5. Cover vs. concealment Cover is a hard barrier that will stop a bullet such as a brick wall or a tree; concealment is hiding without protection from bullets, such as a bush or a blanket)WEAPON MANIPULATION AND MARKSMANSHIP (Discuss & Review Section VI as needed)A. Isosceles and Modified Weaver positions (demonstrate)B. Drawing and holstering techniques (demonstrate)C. Grip (Two hands vs. one hand)? Flashlights? Use of firing hand or support hand only while shootingD. Sight Alignment? Sight picture? Dominant eye? Sight alignment (front and rear sights, eye focused on front sight)? Point shootingE. Trigger? Trigger finger straight along the frame until on target and ready to fire? Steady pressure vs. anticipation? BreathingF. Loading and unloading1. Single/Double Action Revolversa. Loadingb. Unloading2. Semiautomaticsa. Loadingb. UnloadingG. Firing? Squib rounds and misfires (Squib – underpowered; misfire – delayed or dud)? Recoil? Malfunction drillsSemi-auto (tap, rack and assess or, on a double feed or stove pipe, strip the magazine, rack the slide twice, insert a fresh magazine, rack the slide again and assess)Revolver (continue to squeeze trigger or draw back hammer, later clean under the star extractor and/or between the cylinder and forcing cone)THREAT RECOGNITION and JUDGMENTAL SHOOTINGUse firearms training simulators, situational questions, slides, videos, use of volunteers, skits, reenactments, paper targets, etc. (Include use of verbal commands)? Shoot/No shoot situations/scenarios? Escalation and de-escalation of force situations/scenarios (verbal, empty hand, impact and chemical weapons, deadly physical force – there is no requirement to escalate or de-escalate in any particular order of force levels. Levels may be skipped, as appropriate, depending on the situation)? Student must be able to determine the threat and appropriate action? Reminder: A firearm is a tool of last resort ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download