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Kansas Concealed Carry Class

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Clifford Middlebrooks

on 5 May 2013

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Transcript of Kansas Concealed Carry Class

Facilities Preliminaries NO Live ammunition in classroom! Instructor
Clifford W. Middlebrooks Carry Kansas Concealed Breaks Lunch Range Test Forms Payment Firearm Inspection Cell phones Ear protection Cease Fire ID Assume ALL Firearms are loaded Safety FIRST and ALWAYS Never let the muzzle cover ANYTHING you are not willing to destroy Keep your finger OFF of the trigger until your sights are on the target ALWAYS be sure of your target and what is beyond 3 Major pistol components Case 4 Components to Ammunition
Cartridge Powder Primer Bullet Cartridge Casing Primer Powder Powder Bullet STORAGE Safe Accessible Cabinets and Racks Safes Miscellaneous Wheelchairs and Strollers Stance Ready, Aim, Fire Sight Alignment and Trigger Control Grip Position Front to Rear Sight Gun to Target Breath Follow through Owner's Manual Care and Maintenance Safety: Clean and load/unload in separate rooms Magazines: Clean, No Defects, No Lube Clean, Lube Function Check Train Household Members!!! Legal Issues Related to the Use of Deadly Force 1. Kansas law requires persons who wish to carry concealed handguns for self-defense to receive training before doing so.
2. The legal issues are the most important because violations of the laws pertaining to the use of firearms can lead to imprisonment, fines and civil lawsuits.
3. A license is valid for four years ($132.50 + class) and then must be renewed. ($25)
4. It is the responsibility of the license holder to renew the license by submitting a renewal application.
5. Eligibility requirements, Kansas Personal and Family Protection Act (K.S.A. 75-7c01 et seq.). (Handout B) (review eligibility)
6. Places where firearms are prohibited or restricted. (Handout A)(list of state and federal places)
7. Criminal and civil legal consequences for violations of 1 – 6
.8.All criminal laws start from the perspective that in an armed conflict, anything one person does with a firearm involving another person is presumed to be illegal and must be justified. If you violate a criminal law, the State can prosecute you, it can fine you, it can imprison you, and, in the most serious cases, it can even execute you. If you violate a criminal law, you may also violate a civil law and your victim and/or your victim's family might sue you to recover money from you or obtain a court order against you.

It is possible to violate a civil law without violating any criminal law and vice versa. If you violate only a civil law, the person you injure and others related to that person can still sue you to recover money from you or obtain a court order against you. During this course, instructors will present the criminal and civil laws that apply to carrying, displaying and using a handgun. These laws must be obeyed when carrying a handgun concealed or otherwise.

Combining these laws with other considerations, such as tactics, safety, environmental considerations, type of handgun, a person’s abilities with a handgun and personal moral values is called judgmental shooting. Differences between Criminal and Civil Procedure Criminal Civil Enforced by Government
Right to Counsel
Right to Jury Trial
Right against Self-Incrimination
Right against Unreasonable Search and Seizure
Proof of Guilt “Beyond a Reasonable Doubt
Penalties include Fines, Imprisonment, Death Enforced by Individuals

Counsel only if you can pay

Limited Jury Trial Rights

Silence Can be Used against Defendant; Defendant Required to Disclose all Relevant Information

Defendant may be Compelled to relinquish all Relevant Information, Documents, Witnesses, etc

Proof by “Preponderance of Evidence” or “Clear and Convincing Evidence”

Penalties Limited to Money (Primarily) Murder one and two
Assault and Battery
Criminal Threat, Kidnapping, Criminal Restraint
Criminal Trespass and Disorderly Conduct
Criminal Use, Carry, Possession, Discharge of a Firearm
Brandishing a Firearm
Civil laws: Wood v Groh
Insurance and Firearm Use DAVIS, J.: The primary question in this appeal involves the civil standard of care required of those persons having ownership or control of a firearm. The defendant parents kept a .22 caliber handgun in their home. Their minor son obtained the gun and later accidentally shot the plaintiffs' minor daughter. In the plaintiffs' personal injury action against the parents, the jury was instructed that the standard of care required of the parents was that of reasonable care. However, the standard of care required in this state is the highest degree of care. We reverse and remand for further proceedings.



On the afternoon of May 27, 1995, Ed Groh, age 15, used a screwdriver to open his father's locked gun cabinet and removed a .22 caliber handgun. The gun was not loaded; however, the loaded ammunition clip, as well as additional ammunition, was stored in the cabinet along with the gun. Ed took the gun and ammunition to a friend's house where he and some friends drank beer and practiced "target shooting with some cans." Later that night, Ed went to a party at the Archdekins' house. There were no adults present at the party. Ed carried the gun with him and showed it to others at the party. Sarah Wood, age 15, arrived at the party around midnight. Both Sarah and Ed consumed alcoholic beverages at the party. At about 1:30 or 2 a.m., Ed left the party to drink more beer at another friend's house. He returned to the party and at approximately 2:30 a.m., as Sarah and Ed proceeded up the stairs at the Archdekins' house, the gun accidentally discharged, striking Sarah in the left buttock.



Sarah and her parents, Linda and Warren Wood, filed suit against Ed's parents, Derry and Choon Groh, alleging negligent parental supervision and negligent safeguarding of a gun. The Archdekins were also named defendants in the suit but were dismissed on summary judgment and are not involved in this appeal.



Trial testimony established that Derry Groh had taken his son target shooting with the gun five or six times. Derry specifically forbade Ed from using the gun without strict parental supervision. Ed knew that he was not to take any of the weapons from the cabinet without Derry's permission. Derry was the only person with a key to the gun cabinet and he kept the key on his personal key ring at all times. Linda Wood testified, however, that Ed told her that Derry knew he had the gun and that Derry knew that he occasionally took the gun from the cabinet and shot it. Testimony also revealed that Ed had been arrested prior to the shooting for taking someone's car without permission and "joyriding." Under the terms of his probation from that incident, Ed was not to possess a firearm without the permission of his probation officer. Derry took Ed target shooting with the gun shortly after the joyriding incident. Ed had a curfew of 11 to 11:30 p.m. on weekends, which he violated by being at the party well past midnight on the night of the shooting. Neither of the Grohs knew where Ed was the night of the shooting.

A jury returned a verdict in favor of the Woods, finding the Grohs 10% at fault, Sarah 20% at fault, and Ed, who was not a party to the lawsuit, 70% at fault. The jury awarded $100,000 in damages to Sarah and $9,162.50 to her parents, Linda and Warren Wood. Judgment was, therefore, entered in favor of Sarah in the amount of $10,000 and in favor of Linda and Warren in the amount of $916.25. MUNICIPAL CODES/COUNTY RESOLUTIONS

1. Vary widely from city to city; county to county.
2. Can not contradict state or federal law, but may generally regulate conduct as long as
not in contradiction to state or federal law.
3. Local cities and counties may adopt their own ordinances/resolutions dealing with the
“exposed” or “open” carry of a firearm. [Many of the larger municipalities prohibit any carrying of a
loaded firearm on the person – even if not concealed. Some municipalities require firearms to be in a
closed or locked container when being transported. See municipal codes of the City of Wichita and the City of Topeka.]

4. K.S.A. 2005 Supp 12-16,124. Firearms, regulation by city and county, limitations.
(a) No city or county shall adopt any ordinance, resolution or regulation, and no agent
of any city or county shall take any administrative action, governing the purchase, transfer, ownership,
storage or transporting of firearms or ammunition, or any component or combination thereof, other
than those expressly authorized by statute. Any such ordinance, resolution or regulation adopted
prior to the effective date of this act shall be null and void. For purposes of this section, a statute that
does not refer to firearms or ammunition, or components or combinations thereof, shall not be
construed to provide express authorization.
(b) Nothing in this section shall: . . .
(2) prohibit a city or county from regulating the manner of openly carrying a
loaded firearm on one’s person; or in the immediate control of a person, not licensed under the
personal and family protection act while on property open to the public;
(4) prohibit a city or county from adopting an ordinance, resolution or regulation
from requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a
container which completely encloses the firearm or any less restrictive provision governing the
transporting of firearms, provided that such ordinance, resolution or regulation shall not apply to
persons licensed under the personal and family protection act.
(d) No person shall be prosecuted under any ordinance, resolution or
regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and
encased in a container which completely encloses the firearm.” What Does a Threat Look Like? 21-5222. Use of force in defense of a person. [Amends K.S.A. 2010 Supp. § 21-3211]

(a) A person is justified in the use of force against another when and to the extent it appears to
such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in
subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person 21-5223. Use of force in defense of dwelling. [Amends K.S.A. 2010 Supp. § 21-3212]



(a) A person is justified in the use of force against another when and to the extent that it

appears to such person and such person reasonably believes that such use of force is necessary to prevent or terminate such other’s unlawful entry into or attack upon such person’s dwelling, place of work or occupied vehicle.



(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or another.



(c) Nothing in this section shall require a person to retreat if such person is using force to

protect such person’s dwelling, place of work or occupied vehicle. 21-5224. Use of force; presumptions. [Amends K.S.A. 2010 Supp. § 21-3212a]

(a) For the purposes of K.S.A. 21-5222 and 21-5223, and amendments thereto, a person is
presumed to have a reasonable belief that deadly force is necessary to prevent imminent death or
great bodily harm to such person or another person if:

(1) The person against whom the force is used, at the time the force is used:
(A) Is unlawfully or forcefully entering, or has unlawfully or forcefully entered, and is present
within, the dwelling, place of work or occupied vehicle of the person using force; or
(B) has removed or is attempting to remove another person against such other person’s will from the dwelling, place of work or occupied vehicle of the person using force; and
(2) the person using force knows or has reason to believe that any of the conditions set forth in paragraph (1) is occurring or has occurred.

(b) The presumption set forth in subsection (a) does not apply if, at the time the force is used:

(1) The person against whom the force is used has a right to be in, or is a lawful resident of, the dwelling, place of work or occupied vehicle of the person using force, and is not subject to any order listed in K.S.A. 21-5924, and amendments thereto, that would prohibit such person’s presence in the property;
(2) the person sought to be removed is a child, grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the force is used;
(3) the person using force is engaged in the commission of a crime, attempting to escape from a location where a crime has been committed, or is using the dwelling, place of work or occupied vehicle to further the commission of a crime; or
(4) the person against whom the force is used is a law enforcement officer who has entered or is attempting to enter a dwelling, place of work or occupied vehicle in the lawful performance of such officer’s lawful duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a law enforcement officer 21-5225. Use of force in defense of property other than a dwelling. [Amends K.S.A. 2010 Supp. 21-3213]

A person who is lawfully in possession of property other than a dwelling, place of work or occupied vehicle is justified in the use of force against another for the purpose of preventing or terminating an unlawful interference with such property. Only such use of force as a reasonable person would deem necessary to prevent or terminate the interference may intentionally be used. 21-5226. Use of force by an aggressor. [Amends K.S.A. 2010 Supp. § 21-3214]
The justification described in sections K.S.A. 21-3211, 21-3212 and 21-3213, prior to their
repeal, or K.S.A. 21-5222, 21-5223, and 21-5225, and amendments thereto, is not available to a person who:

(a) Is attempting to commit, committing, or escaping from the commission of a forcible felony;
Or

(b) Initially provokes the use of any force against himself such person or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or

(c) Otherwise initially provokes the use of any force against himself such person or another,
Unless:

(1) Such person has reasonable grounds to believe that such person is in imminent danger of
death or great bodily harm, and such person has exhausted every reasonable means to escape such danger other than the use of deadly force, or

(2) In good faith, such person withdraws from physical contact with the assailant and indicates clearly to the assailant that such person desires to withdraw and terminate the use of such force, but the assailant continues or resumes the use of such force. 21-5227. Law enforcement officer's use of force in making arrest. [Amends K.S.A. 2010 Supp. § 21-3215]

(a) A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force which such officer reasonably believes to be necessary to effect the arrest and of the use of any force which such officer reasonably believes to be necessary to defend the officer’s self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person, or when such officer reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and such officer has probable cause to believe that the person to be arrested has committed or attempted to commit a felony involving death or great bodily harm or is attempting to escape by use of a deadly weapon, or
otherwise indicates that such person will endanger human life or inflict great bodily harm unless arrested without delay.
(b) A law enforcement officer making an arrest pursuant to an invalid warrant is justified in the
use of any force which such officer would be justified in using if the warrant were valid, unless such officer knows that the warrant is invalid. 21-5229. Use of force in resisting arrest. [Amends K.S.A. 2010 Supp. § 21-3217]

A person is not authorized to use force to resist an arrest which such person knows is being made either by a law enforcement officer or by a private person summoned and directed by a law enforcement officer to make the arrest, even if the person arrested believes that the arrest is unlawful. SHOOT DON'T SHOOT 21-5228. Private person's use of force in making arrest. [Amends K.S.A. 2010 Supp. § 21-3216

(a) A private person who makes, or assists another private person in making a lawful arrest is
justified in the use of any force which such person would be justified in using if such person were summoned or directed by a law enforcement officer to make such arrest, except that such person is justified in the use of deadly force only when such person reasonably believes that such force is necessary to prevent death or great bodily harm to such person or another.

(b) A private person who is summoned or directed by a law enforcement officer to assist in
making an arrest which is unlawful, is justified in the use of any force which such person would be justified in using if the arrest were lawful. 21-5230. No Duty to Retreat; exceptions. [Amends K.S.A. 2010 Supp. § 21-3218]

(a) A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person’s ground and use any force which such person would be justified in using under article 32 of chapter 21 of the Kansas Statute Annotated, prior to their repeal, or K.S.A. 21-5202 through 21-5208 and K.S.A. 21- 5222 through 21-5228 and K.S.A. 2010 Supp. 21-3212a, 21-3220 and 21-3221, and amendments thereto. 21-5231. Use of force; immunity from prosecution or liability; investigation. [Amends K.S.A.
2010 Supp. § 21-3219]

(a) A person who uses force which, subject to the provisions of K.S.A. 21-5226, and
amendments thereto, is justified pursuant to K.S.A. 21-5222, 21-5223 or 21-5225, and amendments thereto, is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of such officer’s official duties and the officer identified the officer’s self in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes arrest, detention in custody and charging or prosecution of the defendant.

(b) A law enforcement agency may use standard procedures for investigating the use of force
as described in subsection (a), but the agency shall not arrest the person for using force unless it determines that there is probable cause for the arrest.

(c) A county or district attorney or other prosecutor may commence a criminal prosecution
upon a determination of probable cause .80 BAC
Statute 75-7c12: Carrying concealed weapon while under influence of alcohol or drugs prohibited; evidence; testing; revocation of license, when. (a) It is a class A nonperson misdemeanor for a person licensed pursuant to this act to carry a concealed weapon while under the influence of alcohol or drugs, or both.
(b) In any criminal prosecution for carrying a concealed weapon while under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant's blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:
(1) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol, or both alcohol and drugs.
(2) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol.
(3) If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapacitated, that fact may be considered to determine if the defendant was under the influence of drugs, or both alcohol and drugs.
(c) The provisions of subsection (b) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both. CUI Unlawful to deface, alter, destroy, copy DL, ID, CCH

Change of address

Lost or stolen

DO NOT LIE on Application or Documentation Places You Cannot Carry Interaction with Law Enforcement 1. Declaring that you are in possession of a handgun and have a CCHL

Kansas law does not require that you volunteer to law enforcement officers that you have a CCHL and firearm, but you might consider doing so, depending upon the circumstances (e.g., if the presence of a firearm is likely to become a safety concern). Kansas law does require you to respond when asked by a law enforcement officer if you have a CCH license, and you must produce your license card if you are carrying a concealed handgun. If an officer asks if you have a firearm, answer truthfully, and describe the firearm, its location and its status (unloaded, loaded, etc.)

2. When deadly force has been threatened or used
It is important to have a plan before you choose to use deadly force – be prepared. Remain
calm and consider the following:

(1). Notify law enforcement as soon as possible – call 911 and provide your name, location
and other information that will assist authorities responding to the incident. Request
emergency medical assistance if there are injuries.
(2). Remember the firearm safety rules and secure your handgun. Do not display your
handgun until asked to do so by the responding officer(s).
(3). Remain alert to your situation – a threat could still exist. If the threat is still present,
clearly communicate this to the 911 operator and the responding officer(s).
(4). Render aid if necessary, but be careful not to disturb the scene or as little as possible.
(5). Responding officers will not know the exact situation. When they arrive, show them
your open hands and tell them who you are. Follow their instructions.
(6). Be prepared to be detained while officers sort out the incident.
(7). Think about what you are going to say to investigators, if anything. Be mindful of your
right to have an attorney present before questioning. USE OF DEADLY FORCE – PREPAREDNESS FOR CONFRONTATIONS A. Modes of Awareness
1. White - No perceived threat, completely unaware (watching TV, daydreaming, sleeping)
2. Yellow - Functioning in public, aware of surroundings (driving to work, shopping, conversation)
3. Orange - Alert, perceived specific threat or situation (someone or something grabs your attention, possible danger)
4. Red - Focused, reacting to actual threat (someone is actually threatening or attacking you and you are responding or are ready to respond if necessary) UNAWARE

AWARE

ALERT

ALARM B. Visualization Techniques



1. Use “what if” scenarios to prepare an appropriate reaction.

2. The way you prepare and train will be the way you respond in a high stress

situation.

3. You should have a plan of action NOW. You will not likely have time to create

a plan once the attacker engages you.

4. Explain the importance of developing the proper mindset for using a firearm

for personal protection and facing a life-threatening encounter.

5. Explain and evaluate students’ state of mental awareness using the four

levels of awareness.

6. Explain the importance of mental preparation and physical training for a

potentially life-threatening confrontation.

7. Explain strategies and methods to enhance students’ personal safety while in

public.

8. Describe strategies for responding to a potentially life-threatening encounter.

9. Explain the importance of mentally preparing for the aftermath of a violent

confrontation. C. The Confrontation (active defensive measures)
1. Appropriate level of defensive force. Remember: Not every attack or threat is
the same. In each case, there may be circumstances present that require an
immediate and violent reaction by a person defending them self (or someone
else) from the threat of serious bodily injury or death. If possible, try to consider:
a. What is the aggressor doing? (Demeanor and actions - watch the
hands, body language)
b. Can I escape safely without using deadly force? May not be
required, but it is probably a good idea if possible.
c. What weapons, if any, does the aggressor possess? (Pipe, knife,
gun, rock, stick?)
d. Is threatening deadly physical force justified and the best option?
e. Less lethal options (If an option – mace, stun guns, etc.)
f. Is using deadly physical force justified and the best option?
g. Do you have the opportunity to draw your handgun?
h. How close is the aggressor? (In your face vs. 5-20 feet away)
i. Can they reach your handgun?
j. After drawing, should I keep my handgun in close or extend my
arms into a shooting position?
2. Never give up or surrender your handgun once the fight is on – it could cost
you your life.
3. Use only the force necessary to stop the attack and be prepared to resume
the use of force, if needed. Purposefully “shooting to wound” or warning
shots cannot be justified because of the use of potentially deadly force
without the apparent threat level to sustain that usage.
4. Be mentally prepared if injured – many people have died from non-lethal
wounds because of shock, but others have survived apparently lethal wounds
due largely to a determination to survive.
5. Firing (Expectations, wounding the attacker, blood, injury, death) – most
people shot do not even show the effect for a period of time, not like the
violent reaction shown in movies. E. After effects

1. Common psychological reaction pattern
a. Elation
b. Revulsion
c. Remorse
d. Self-Doubt
e. Acceptance
2. Common physical & psychological reactions
a. Adrenaline rush, excitability, sleeplessness (may last for days)
b. Depression, fatigue (may last for days)
c. Upsetting memories such as images or thoughts about the trauma
d. Feeling as if the trauma is happening again (flashbacks)
e. Bad dreams and nightmares
f. Anxiety or fear, feeling in danger again
g. The cumulative effect of these is sometimes referred to as Post-Traumatic
Stress Disorder (PTSD) 4. Selecting a handgun for self-defense
a. Needs to be 100% reliable
b. Should fit the shooter’s hands
c. Should be sized such that it can be carried all day; big and heavy means it
will probably be left at home most days d. Should not be of a size or caliber you are not capable of handling safely
and shooting accurately
e. Should not be new or unfamiliar to you
f. Do not carry something that you have not personally shot before 5. Ammunition selection
a. Test your carry ammunition for reliability in your defensive firearm by firing
at least 200 rounds of the same ammunition you intend to carry
b. Hollow point defensive ammunition highly recommended
· Reduces over penetration Improves potential to stop threat without repeat shots

· Tends to fragment on impact with hard objects and not ricochet

· Carried by law enforcement for similar reasons

· Some firearms will not reliably feed hollow-point ammunition

c. Discuss the characteristics and stopping power of the most common handgun

ammunition. Common calibers include .22, .32, .380, 9mm, .45, and .357. OWB
IWB appendix, kidney, small of back
Ankle
Thigh
Bra
Shoulder holster over shirt, under shirt
Cell phone holster
Belly band belly band, safe carry, ACE bandage
Belt buckle
Off Body briefcase, padfolio, purse, fanny pack, safe packer Concealed Carry Method NEVER leave a firearm behind!! Cover, Concealment, Movement Concealment Cover http://wgntv.com/2013/04/10/surveillance-video-shop-owners-fight-back-shots-fired-during-armed-robberys/
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