Categories: Announcements [A], 989 words3 feedbacks • Permalink
There is no safety for honest men,
except by believing all possible evil of evil men.
- Edmund Burke (1729-1797) Irish Statesman
“While strangers are brought in to suppress us, our commonwealth, and posterity; while idolatry is maintained, and Christ Jesus His true religion despised, while idle bellies and bloody tyrants, the bishops, are maintained and Christ’s true messengers persecuted; while, finally, virtue is contemned and vice extolled . . . what godly man can be offended that we shall seek reformation of these enormities (yes, even by force of arms, seeing that otherwise it is denied us)? . . .“
–John Knox of Scotland
John Knox was a Scottish Protestant that who who struggled for religious freedom in Scotland. History is full of examples of how armed Believers have created religious and political freedom. Such facts raises the issue of whether people in nations like Pakistan can do the same thing.
I got to thinking about this in connection with the Peshawar school massacre. The Pakistani people, made up of rival ethnic groups with different interests and languages, live under a government that has acquiesced in the activities of extremists that even have ties to Pakistan’s military and intelligence agencies.
Taking a stand against the terrorists killing Pakistan’s innocent children can mean standing in the cross hairs of terrorists that have direct ties to very high levels of Pakistan’s government.
The freedom contained in the Second Amendment is ordained by God and the authors of the U.S. Constitution and Declaration of Independence recognized that the “right” is inherent in our Creator and thus cannot be alienated; sold or relinquished in exchange for promises of the security that government provides.
Switzerland, on the other hand, long known for the preparedness of its armed citizens, is legendary for its heritage of marksmanship.
Switzerland was comprised of local cantons that refused to bow to the ambitions of European despots. The Swiss soon discovered Swiss marksmanship could be formidable (remember William Tell). The situation in countries like Iraq, Afghanistan and Pakistan, on the other hand, may always have a greater element of chaos than Switzerland.
Iraq, for example is a mix of cultures that were artificially combined by the Great Powers of Europe when the Ottoman Empire was divided after World War I. Pakistan was carved out of former British colonial holdings and is also an artificially constructed nation state.
Part of the reason the surge in Iraq worked was a hard won recognition that Al Qaeda is the enemy of humanity- including but not limited to Christians, Jews, Sunni and Shia. This relates to Switzerland because of the contrast between the peaceful way of life there and the experience of people in the Middle East and Central Asian nations like Pakistan and Afghanistan.
The benefits of liberty belong to those that are vigilant and our Founding Fathers often repeated the precept that our Republic depends on Biblical morality for the nation to survive. We the People must govern ourselves under God. This is why we do do not live in a country always on the verge of sectarian violence. There are interests working overtime, however, to encourage attacks on our law enforcement officers and to divide Americans on the basis of race and virulent political rhetoric.
The Sindh province of Pakistan (the home of the Bhutto family) is an example of an ethnic group that is divided from the rest of Pakistan because they distrust the Punjabs.
Sindh is one of the four provinces of Pakistan and historically is home to the Sindhis. Different cultural and ethnic groups also reside in Sindh, including Urdu-speaking people and others who migrated from India at the time of and after independence and partition.
The Punjabis have controlled much of the government and military in Pakistan for some time- they even control the water. The farmers in Sindh province have seen their farms dry up due to Punjabi diversion of rivers that flow between the two provinces.
Not so many years ago, the carcasses of thousands of vehicles smoldered for a long distance alongside the highways after Bhutto’s Sindhi followers and others expressed their fury when she was assassinated.
The men that drafted the U.S. Constitution and Bill of Rights anticipated situations where a ruling elite oppress a minority group. Pakistan mirrors what is happening in nations all over the world today- especially nations governed by Islamic Shariah law. ]
The way to protect Christians and other minorities is that the citizens at-large, can choose to become familiar with and own small arms. Not just for sporting purposes but weapons that actually have military usefulness!
We are guarding the life of the Republic when we worship, when we vote, shop and conduct business, when we go to work and target practice and when we teach our children to hunt. All of these activities are expressions of God-given freedom that the Founders articulated in the United States Constitution, including our freedom to express ourselves and our freedom to become informed about governmental matters.
The exploits of the Kurdish women who are YPG fighters warring against ISIS to hold Kobane illustrate how ordinary people can rise to heroic levels when armed with fire power, training and courage. The Kurds, Swiss, Punjabis, Sindhis and Urdus (to name a few) are all great people and we will be watching the directions that they take.
Meanwhile, the Body of Christ, needs to get to work politically to influence public policy at all levels of the U.S. government to provide meaningful religious freedom and the means for minorities to protect themselves. We, the Body of Christ, need to examine the Scriptural basis for self-defense and find ways to impart the means for churches in places like Pakistan to defend the Christians under their care.
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Categories: Announcements [A], 2110 wordsSend feedback • Permalink
On June 15, 2016 we presented our first training event for the new Action Training group. We held the shooting event at Fernan Rod and Gun Club near Coeur d’Alene, Idaho.
One of our instructors demonstrated the use of an AR-15 using the SIRT laser bolt that easily fits into any standard AR-15 rifle. After David demonstrated some live-fire AR drills and led some of us through SIRT pistol drills, the group transitioned into live-fire drills with their own pistols. A number of the ladies from the Post Falls Women of Caliber participated, along with several range officers from the Fernan 3 Gun Club and about twenty other people, including a good number of instructors and ROs.
On July 21, we conducted our second Action Shooting event. We are presently involved in a great deal of analysis directed toward improving our events. On that Thursday, we had about 20 shooters, including some Law Enforcement and several NRA instructors. Bob Sola, one of the law enforcement instructors, was observing our protocols in order to advise us as we go forward. Bob has invited our Action Training group to team up with the Jensen Ranch Education & Shooting Center now under construction near Medical Lake.
I have been bringing my plate rack and other steel and paper USPSA targets to the events. We also used Pepper Poppers and have access to all the targets maintained by the FERNAN ROD & GUN CLUB in their shed. Jim Parker comes out and locks open the gate for us, helps set up, shoots with us and unlocks the shed when we need more steel.
Nevertheless, if an additional 30 people show up, it will be difficult to maintain safety and assigned roles. We need a Steering Committee to guide the process of becoming a functioning entity that can raise money, organize volunteers and establish written By-Laws and protocols, including range rules.
Russ Rathbun, potentially our first permanent Chief Range Officer, states as follows:
“So with that said, this is one thing we really need to get really, really, REALLY good at. Having a TEAM! …..
Really dedicated folks….qualified to do what their function is at a shoot event.
If only a few of us do all the work, all the time, we are going to burn out and this will not be fun anymore.”
The Team concept Russ and I are proposing will look something like this:
PR and Media team. Folks that have grabbed onto the vision who can promote to the community the Mission of the group. This is through email, phone calls, posters, signage for events etc. (They can also double as Event registrars, see below)
Set-up/Tear-down. ( Minimum 4 people) A group who’s mission is to make sure our events, whether classroom or on the range is properly set-up with a platform decided on before the event.
Event registrars/communications. (Minimum of 2) It is important that we have dedicated people manning the tables to get waivers signed and a list of people active on the range. They also assure that people have brought proper equipment and if they have not get them accommodated. This includes Eye protection, Ear Protection, a ball cap (which is highly advised) and ladies advising ladies about their neck line (so we don’t have the hot brass between the twin peaks dance)
Instructors. For what ever disciplines we are going to do. SIRT, Pistol, Rifle, Gun safety/Newbies, Run and Gun etc.
Chief Range Officer. Who oversees other RSO’s (Must have priority meetings before each event so we know what is happening and how.)
1-2 Range Safety Officers per Bay. Minimum of 2 on the action/move shoot range. One is watching the shooter and giving commands (This could be the instructor) the other watching the line and the spectators section.
Range officers. For the primary purposes of range orientation and clarify protocols. They need to identify with the group where people are at in their learning and skills and match them to the proper instructor or range. By the way this needs to be done in a formal setting such as the club house not on the range with no interruptions. All people are thinking once on the range is let’s get shooting.
Staging personnel. (Min. of 1 per bay) They are the ones who stage people for the activity going on. Example. When you are doing the action/move shooting. They establish the line of who is next, course of fire, etc. and then when it their turn they can communicate that properly to the Instructor and/or RSO. All this so you have a good flow and can run several people through the course of fire when the crowd is larger. But we need to get good at it now.
President of the Club. Stays relaxed, brings folks together with introductions and makes sure everyone is coordinated before, after and during events. There may be situations where personnel need to be delegated for responsibilities on the spot. Thus, the President moves around, gets people working together and helps by trouble shooting.
Committed Volunteers will bring their friends and we might average 30-50 people per event.
We need to think about an indoor range for the winter, however, and most indoor ranges might need to be limited to 15-20 shooters. We will need liability insurance for our volunteers at most indoor ranges and that means getting incorporated. We can incorporate independently and still be preparing to support the new Jensen facility near Medical Lake. Perhaps they can work out a duel membership system with us when they are open to the public. At this time, we do not know when Jensen Ranch Education & Shooting Center (JRESC) will open. Nevertheless, we can obtain nonprofit status and still contribute a great deal to getting the new JRESC off the ground. See Jensen Ranch.
We need to foster a respect for the Fernan range and other ranges by picking up our brass and sweeping out the bays when finished. We could even go the extra mile and do a big rock pick up once during the event to take away the hazards of ricochets. This could certainly be done by the set-up/tear-down crew but it is nice to get participants involved at least a couple of times throughout the event.
REALITY BASED TRAINING. Our clearest objective is that we want to progress from Action Shooting to force on force scenarios, including advanced training that prepares members of church security to confront foreseeable scenarios- low light, crowded rooms, hostile shooters stationed at exits, etc.
The “Well Armed Women” and the “Women of Caliber” are established groups. They do classroom instruction, bring in special speakers and live-fire events at center Target Sports. We need monthly events with educational programs, speakers and preparation for live-shoots. The ADTA- which I helped start in Federal Way- has had a great deal of success with New Shooter Clinics. We can consider making the Clinics a prerequisite for new shooters to attend a live-fire.
We will need a Mission Statement, clear, measurable objectives and a slogan or motto along with a name that resonates with people. The ADTA already has the best motto- Our primary weapon is what is between our ears!
The mission statement, motto and objectives will bring together the steering committee, a board of directors, the non-profit corporation and funds for liability insurance, volunteers, range fees, targets and equipment further down the road.
We started out putting magazines in plastic containers. I accidentally got another shooter’s magazine mixed in with my Glock magazines. The plastic containers are actually very convenient but we have decided to keep the magazines intended for use during the next Course of Fire loaded on our belts.
The best time for each shooter to reload magazines is immediately after his or her Course of Fire. That way you don’t go up to shoot with partially loaded magazines- or magazines left behind in a plastic box. These habits all get engrained into our training and small habits create unintended consequences in a gunfight. Law enforcement officers normally keep a loaded gun in their holsters during training.
In competitions, we use a cold range. For now, we will continue to run a cold range with no handling of firearms except at the designated Safety Table. The only time to handle any ammunition at the Safety Table is when you arrive and need to unload. Unloading after you arrive should be done immediately under RO supervision or before you get to the parking lot.
Russ points out the following:
If we want to have places like Center Target, Sharpshooters and the Jensen Ranch Educational and Shooting Center to take us seriously they need to be assured we have protocols in place. At Front Sight, for example, people must wear ball caps, with their names on the back. Sounded silly but there is a reason. Sharpshooters in Spokane uses the plastic container system to minimize the potential Accidental Discharge (AD). If you want to shoot on their range, your firearm stays holstered on your person. You can not go in or out of that range or handle your gun without it being cleared, chamber open (they even have a chamber block/marker) and ammo magazines to the side in that plastic carrying tray. That is a liability issue. Not everyone who comes to shoot at our event is going to know the IDPA rules or the USPSA rules of a cold range or hot range. The reason I know this is because I for one do not know, the people I brought do not know and therefore we need to work on the lowest common denominator like they do at Sharp Shooters. The local ranges may not trust or give us a green light until they can be assured that we are not exposing them to unnecessary liability. They don’t know us, just like you don’t know everybody who comes to shoot.
I had not even considered how important the plastic boxes might be if we obtain Sharp Shooters as a venue for our events.
Some of us shot AR-15 rifles at paper targets. I had a hard time deciding where to put the steel targets so that they were out of the line of fire. At anything less than 100 yards, .223 or 556 is dangerous on steel and the rounds will tear up even the hard AR500 steel targets. They will go right through mild steel and steel targets are expensive. We had some experienced IDPA shooters and some very nice rifles including a Trijicon 1-6 power that the owner was kind enough to let me shoot.
We did not have any significant safety issues. We need a clear chain of command with all of our volunteers committed in advance with assigned duties. I have asked Rustin to send out some emails with a clear call for volunteers.
The next event is Thursday, August 18 at 4:00 PM. As usual, some of us will be setting up before 3:00 PM and we need volunteers to help.
We will present live-fire Action Shooting events every third Thursday of the month. By next Fall, we plan to create a nonprofit corporation for the Post Falls and Spokane Valley areas.
You should bring your carry pistol, a hard holster suitable for carrying a pistol on your belt with extra magazines and 100 rounds of pistol ammunition for your pistol.
Shoot-on-the-move events involve multiple targets, rapid shooting from the holster and engaging targets from behind cover and while moving.
We are developing a mailing list for those who want to participate in regular events like the ones described above.
It can be difficult to arrange for shoot-on-the-move training at most ranges. We hope to have a venue at an indoor range by winter time and will be exploring ways to provide cost-effective insurance and Reality Based Training that is beyond what is available to most gun owners.
The shoot-on-the-move courses of fire will develop many of the skills and challenges featured in various competition shooting matches like IDPA and USPSA shooting.
The group is very much like the group some of us started in Federal Way.
The Armed Defense Training Association now has about 100 members with live-fires held in Federal Way and the Everett area.
We invite interested groups and individuals to contact us and consider serving on one of our volunteer planning committees.
Promoting respect for law enforcement, gun safety and preparedness are just some of the values fostered by the numerous activities presently under discussion.
Go to Firearms Lawyer for my email or contact Mark Knapp at (253) 202-2081.
A prudent man foreseeth the evil, and hideth himself: but the simple pass on, and are punished. Proverbs 22:3
Categories: Announcements [A], Background, 441 wordsWhat do folks that live around Chicago think about the high rate of violent crime, including but not limited to gun violence, that still exists there? It seems like Chicagoans have just become numb. But most the rest of the nation is saying, “This is why we are not going along with Chicago-style gun control!” Shameless manipulation of statistics in Rahm Emanuel’s blood-soaked Windy City? Chicago Mayor Emanuel is bragging because the first three months of 2013 saw the Chicago murder rate go down to 70. Michelle Malkin points out that in 2012, Chicago racked up the nation’s deadliest death toll, with 506 of its residents murdered. The murder rate has simply returned to business as usual in 2013. Here are the first-quarter death toll breakdowns for 2009-2013: 2013: 70 2012: 120 2011: 75 2010: 75 2009: 70 Last year, there were at least 17 new laws enacted since Sandy Hook- all granting state residents more firearms freedom and demonstrating that most states continue to become less restrictive regarding firearms because crime rates go down when the people are enpowered to defend ourselves and our communities. Only a few states are going in the direction of more restrictions. Does anyone really believe that if honest Americans disarm, cities like New York and Chicago will be safer? A good title for a movie would be, “WINDY CITY WITH THE BLOODY TATTOO”. According to the Wall Street Journal on April 4, 2013: Arkansas eliminated prohibitions on carrying firearms in churches and on college campuses. South Dakota authorized school boards to arm teachers. Tennessee passed a law allowing workers to bring guns to work and store them in their vehicles, even if their employer objects. Kentucky shortened the process for obtaining licenses to carry a concealed gun. Expanded gun rights in recent years have accelerated since Mr. Obama pledged to use the “full force” of his office to tighten limits after 20 children and six adult staffers were killed at an elementary school in Newtown, Conn. On the other hand, the Soviet Socialist Republic of Washington, the people enacted I-594, which requires a background check for any transfer of a firearm, even if temporary. Law enforcement groups opposed it and now everyone is scrambling to figure out how to comply. The initiative was drafted by liberal ideologues and has so many conflicting provisions that it seems unlikely that it is even enforceable. It would never have passed if politicians had to stake their careers on the outcome. Now they may have to try to save it by revamping major sections of the law before the courts rule that it is void for vagueness and un-Constitutional. Woe to him that builds a town with blood, and establishes a city by iniquity! -Habakkuk 2:12Send feedback • Permalink
Categories: Announcements [A], 3130 wordsSend feedback • Permalink
Failure to Protect: Potential Liability Factors in School Shootings
“To hear the ensuing debate about arming teachers and principals and security guards, I just want to go on the record with the board in saying I think that is one of the most irresponsible positions to take in this gun discussion.”
Federal Way School Superintendent Rob Neu at school board meeting after the Sandy Hook school shootings:
“I hate this conversation, I hate that it’s a necessary evil. What happened in Newtown…is just horrible. And having young children at home, and sitting and watching the TV, and seeing those photos with the names being called…with your children in the room, looking at the TV, and looking at you, and you’re fighting back the tears. You’re so thankful they’re sitting in that living room with you, and you’re not one of those parents. I can’t imagine what those parents feel like.”
” But the reality is, if a gunman wants to do what these gunmen want to do…there’s little that anyone can do to stop them. Putting guns in the hands of teachers and principals, who got in this business of educating kids, and not being armed forces…It’s just not a solution, in my mind, and will not be one that comes forward as a recommendation while I’m your superintendent.”
-FEDERAL WAY SCHOOL SUPERINTENDENT ROB Neu
ISSUE: Are proposals to arm teachers and/or administrators irresponsible? What are the potential liabilities faced by school boards that arm school personnel compared to a policy of employing only unarmed School Resource Officers.
FEDERAL LAW: The Gun-Free School Zones Act (GFSZA, codified at 18 U.S.C. § 922(q); federal United States law that prohibits any individual from knowingly possessing a firearm at a place that the individual knows, or has reasonable cause to believe, is a “school zone” as defined by 18 U.S.C. § 921(a)(25). The Gun-Free School Zones Act of 1990 states in part:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(Subparagraph (A) does not apply to the possession of a firearm—
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or…
WASHINGTON STATE LAW: Similar to federal statute. RCW 9.41.280. States the following in part:
Possessing dangerous weapons on school facilities — Penalty — Exceptions.
(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;….
(3) Subsection (1) of this section does not apply to:
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
See Washington State Gun Free School statute.
Subsection (1)(f) includes:
(f)(i) Any portable device manufactured to function as a weapon and which is commonly known as a stun gun, including a projectile stun gun which projects wired probes that are attached to the device that emit an electrical charge designed to administer to a person or an animal an electric shock, charge, or impulse; or
(ii) Any device, object, or instrument which is used or intended to be used as a weapon with the intent to injure a person by an electric shock, charge, or impulse
CONCLUSION: The legislature has already provided that non-law enforcement personnel armed with firearms need only be involved in school district security activities; i.e., authorized to carry a weapon for security purposes.
THEORIES OF NEGLIGENCE RELATED TO ARMED SCHOOL PERSONNEL
A PRUDENT PERSON FORESEES DANGER AND TAKES PRECAUTIONS. THE SIMPLETON GOES BLINDLY ON AND SUFFERS THE CONSEQUENCES. Prov. 22:3
Foreseeability issues: Teachers are the other major group in schools that face victimization. During similar periods of time, the reports of threats declined from 12% to 7% from 1993-94 to 2003-04. n33 However, the reported incidents of physical attack, at 4%, were not measurably different comparing 1993-94 and 2007-08. n34 Threats declined, but attacks upon teachers remained unchanged .(13 Conn. Pub. Ont. LJ. 275.)
1. Unauthorized individuals may access a firearm that is negligently stored. How will firearms in schools be stored safely and used safely?
2. Will the individual employee or the employing school district, or likely both, be liable for this increased foreseeable harm of bringing weapons to school with hundreds of adolescent students if a foreseeable injury occurs?
3. How many employees will be allowed to carry weapons at school?
4. Are there risks that are foreseeable from inadequate training. How should school boards ensure that personnel are properly trained if concealed weapons are allowed at school?
Currently, at least eleven states have adopted the “armed-teachers” approach in fighting the war against school violence.
PUBLIC DUTY DOCTRINE: Maintaining a GUN FREE ZONE is a policy decision involving discretion and not operational duties involving no discretion; i.e., Ministerial.
RCW 4.96.010 Tortious conduct of local governmental entities—Liability for damages.
(1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation.
Public Duty Doctrine - In General. Under the public duty doctrine, liability may not be imposed for a public official’s alleged negligent conduct unless it is shown that the duty breached was owed to the injured person as an individual and was not merely the breach of an obligation owed to the public in general (i.e., a duty to all is a duty to no one).
Exceptions to the PUBLIC DUTY DOCTRINE: (1) legislative intent, (2) failure to enforce, (3) the rescue doctrine, and (4) a special relationship. BABCOCK V. MASON COUNTY FIRE DIST. NO. 6 , 144 Wn.2d 774 , 784, 30 P.3d 1261 (2001).
In CUMMINS V LEWIS COUNTY, Mrs. Cummins brought a wrongful death action alleging that her husband’s death was the result of the negligence of the Lewis County 911 emergency dispatch unit as well as that of the Centralia police department which had responded to the call. The court determined that no assurances creating a special relationship had been provided by the 911 dispatcher. CUMMINS V LEWIS COUNTY, 156 Wn.2d 844 (2006).
ISSUES: a. Does a policy decision to maintain a so-called gun-free zone constitute a special relationship?
b. Where the law requires that children attend school, is there a special relationship existing such that there is a specific, individualized duty to protect?
In HALVORSON, a city defendant had been dismissed on the grounds that it did not have a tort duty to enforce fire codes. See HALVORSON , 89 Wn.2d 673. We reversed. The HALVORSON court considered the fact that the inspection and enforcement of building codes existed for the ” welfare of the occupants of such buildings.” HALVORSON n, 89 Wn.2d at 677 (quoting former SEATTLE HOUSING CODE 27.04.020). Therefore, the court found a duty was owed to those who lived in the buildings.
The court also noted that if the ordinance was enacted for purposes of public safety or the general welfare, the duty was not enforceable in tort by any one particular individual. HALVORSON, 89 Wn.2d at 676.
These later Washington cases are sometimes collectively referred to as the “public duty” cases because courts, in interpreting individual statutes or ordinances, often found that no particular person or class of persons was intended to be protected. See, e.g ., Michael Tardif & Rob McKenna, Washington State’s 45-Year Experiment in Government Liability , 29 SEATTLE U. L. REV . 1, 48 n.290 (2005).
See DESHANEY V WINNEBAGO COUNTY DEPT. OF SOCIAL SERVICES, 489 US 189 (1989); See also ESTELLE V GAMBLE, 42 US 97 (1976)(Deliberate indifference by prison personnel to a prisoner’s serious illness or injury constitutes cruel and unusual punishment contravening the Eighth Amendment but no indifference where simply medical malpractice and lacking magnitude of a Constitutional tort).
CONCLUSION: It is doubtful that school districts owe a special duty to keep students safe. Nevertheless, OSHA regulations and other administrative codes create a duty to keep school employees safe from foreseeable harm. Thus, a prisoner in custody of the DOC or any public employee has a better claim against the respective public entities than a student in custody of a public school! Child may be in custody of school authorities due to compulsory education law but building the body of case that will compel school authorities to protect children’s lives will take new statutes or a long line of case law precedent must be forthcoming, probably under 42 USC 1983.
42 USC 1983 LIABILITY
INSURANCE ISSUES: School Districts that determine that arming school personnel is more cost-effective than armed SCHOOL RESOURCE OFFICERS (RSOs) will find that liability insurance coverage is either not available or that actions of armed personnel are excluded from coverage. This is an unintended consequence of Washington’s PUBLIC DUTY DOCTRINE that excludes policy decisions but waives Sovereign Immunity for ministerial acts.
But the issue is whether the failure to protect meets the requisite element of 42 USC 1983 liability in that the facts present a policy, custom or practice of violating Constitutional rights under color of law.
NOTE WELL: The requisite disregard for Plaintiff’s to 14th Amendment Constitutional right to life will always raise the issue of whether a mere failure to protect rises to the level of a Constitutional tort.
Under 42 USC 1983, the problem is that a passive omission or failure to intervene normally does not rise to the level of a Constitutional Tort; i.e., one that shocks the conscience. Arming teachers, on the other hand, can be characterized as an affirmative act and arguably becomes a state-created danger in the event of an accidental discharge, unauthorized access to a negligently stored weapon or where a frightened and poorly trained volunteer shoots at a bad guy and hits an innocent 3rd party during a school shooting rampage.
The irony is that lawsuits for school districts that fail to stop garden variety of bullying have multiplied but a claim for a school district’s failure to protect may be easily dismissed on a Motion for Summary Judgment. Furthermore, a District is prone to be sued under 42 USC 1983 for negligent acts of its armed employees. See MONELL V DEPT. OF SOCIAL SERVICES NY, 436 US 658 (1978).
REQUISITE TRAINING: The best protection against such legal action pursuant to 42 USC 1983 is to require training that meets the same requirements expected of law enforcement under current case law.
FIREARMS AND USE OF FORCE TRAINING: Training must be tailored to specific needs and consequently becomes a compelling factor when the allegation arises that armed school personnel are not in compliance with the guidelines spelled out by the U.S Supreme Court in POPOW VS MARGATE, 476 F.Supp. 1237 (Dist. N.J. 1979) (Officer’s firearms training of going to a range twice a year; no training with respect to low light conditions, moving targets or firing in residential areas. Entirely foreseeable that an officer from the City of Margate, a largely residential area, would have to pursue a moving suspect at night under low-light conditions).
Note: Just as LEOs must be trained in the specific situations that an officer will foreseeably encounter, armed school personnel, (whether SROs or specially trained volunteers) must train for many foreseeable situations that are inherently different than situations presented to traditional uniformed LEOs. These situations would include, for example, a plain-clothes officer entering the scene under Active Shooter Protocols that encourage any officer that arrives first to enter the area and neutralize an active shooter. See YOUNG V. CITY OF PROVIDENCE, 2004 U.S. Dist. LEXIS 1847 (R.I. 2004).
1. Situations that may be de-escalated by non-deadly force responses;
2. Response to emotionally disturbed persons;
3. Response to off-duty LEO response situations;
4. Response to suicide situations;
5. Decision making with respect to good citizens who are in possession of firearms and try to intervene;
6. Crowd scenarios and hostage situations where missed shots may endanger innocent persons; and
7. Fleeing attackers that or other persons that turn with innocent objects in their hands that look like guns.
Liability cannot be absolutely eliminated unless the legislature immunizes armed volunteers who act in good faith. Such immunity should be enacted with specific criteria for state mandated certification that includes:
1. Psychological evaluations such as LEOs undergo;
2. Reality Based Training (RBT) exercises;
3. Shoot don’t shoot scenarios with simulators or simulated live-fire ammunition;
4. Stress-training with firearms in RBT scenarios.
All of the above are either mandated or strongly suggested in case law dealing with law enforcement training.
Such training protocols that provide authentic, innovative, and up to date training do not guarantee that mistakes will not be made under stress. Just as with LEOs, the emphasis on Realty Based Training diminishes liability for a school district. Active Shooter Protocols (ASP) with live-fire simunitions in conjunction with law enforcement ASP training must be required. Until the Washington State Legislature takes such action, each school board should consider establishing such criteria and begin a certification process that can be combined with armed SRO training.
A mix of uniformed and non-uniformed personnel is most effective at deterring and stopping armed school attacks; provided that there are RBT components for school personnel, LEOs and SROs to recognize each other.
All law enforcement officers (LEOs) should be getting such training under YOUNG V. CITY OF PROVIDENCE (plainclothes officers holding suspect at gunpoint shot responding uniformed officer in low-light situation). The court determined liability based on an admission of of very limited training in RBT scenarios and especially low-light situations.
STANDARD OF CARE: As more Districts take these steps, new industry standards will be established creating a new standard of care. At least 11 states already have approved some kind of concealed carry in public schools. Insurance companies once were averse to insuring armed anti-piracy units at for maritime shipping. In a few short years this has become an industry practice and insurance is getting less expensive.
Air Marshals and armed pilots were extremely controversial. Many years later and the programs have been a success despite all the arguments that were similar to the arguments against armed school personnel. Furthermore, the Law Enforcement Officers Safety Act of 2004 was opposed by many law enforcement associations, including the Washington Association of Sheriff’s and Police Chiefs because the federal law empowered retired officers to carry on all 50 states and Washington, DC and the islands. There has been no outcry since enactment that retired LEOs impaired by dementia have created a hazard across the land.
OSHA, STATE & LOCAL REGULATIONS AS BASIS FOR EMPLOYER LIABILITY: Administrative regulations provide a standard of care because they establish an industry practice standard. For example, Occupational Safety & Health Act (OSHA) has promulgated a regulation at 29 CFR 1910.157 requiring Emergency Action Plans (EAPs) if there are fire extinguishers required or provided in the workplace.
The OCCUPATIONAL SAFETY & HEALTH ACT states at Sec. 5(a)(1) that every employer in the United States shall furnish to each employee employment and a place of employment which are free from recognized hazards that are likely to cause death or r\serious physical harm to employees.
This is often called the General Duty Clause. Failure to so provide can result in fines and an investigation involving training and procedure, including EAPs. Local and state authorities having jurisdiction may be the Department of Labor and Industries and local fire departments which maintain variations of the International Fire Code. These get updated after major terrorist attacks like the Oklahoma City federal courthouse bombing and the World Trade Center attack in 2001.
These will not specifically deal with Use of Force scenarios in most cases but as terrorist attacks become more frequent, it will become more important for schools, other governmental entities and businesses to include Use of Deadly Force protocols into their EAPs. Although the basis for liability on mass shootings is not clear at this time, the Public Duty Doctrine and other bodies of law that shield public and private entities are in a state of transition.
The changes being driven by mass Active Shooter incidents will continue to bring about rapid change in industry changes. Management at apartment complexes has experienced increasing liability over many years for failing to protect tenants from violence. Stores have increased responsibilities in parking lots and other vulnerable areas. Statutory codes and case law precedent increasing the potential for 3rd party violence are in transition in convenience stores and many other workplace environments across the United States. LEOs are also held to higher standards of care when it comes to use of force and custodial situations.
Maybe the least well protected are the school children. Most American children are within the custody of public school administrators and employees; it is unacceptable for school authorities to put money and institutionalized politically correctness ahead of the most important Substantive Due Process right- preservation of a child’s Constitutionally protected interest in life and the child’s liberty interest in pursuing compulsory education without the anxiety now faced in our vulnerable schools.
Many school administrator’s actually think they don’t have the authority to protect children’s lives. And they don’t want to hear otherwise. Failure to participate in the discussion sets in place a perfect record for a good mass tort lawyer. Unfortunately, true change may only start when school district employees initiate legal action against their employers for failing in the employer duty to provide a safe workplace.
The State of Washington and the federal government have empowered school administrators to empower their employees. A school superintendent that hates the necessary conversation about armed force is not making a reasoned policy decision- he is abdicating responsibility to protect lives where he or she, the Administrator, has a general duty to protect lives.
That is also called paralysis or reckless indifference to Constitutional rights and we are seeing it throughout our institutions. It may take years of collecting data like it did in the litigation against Big Tobacco. That is the amazing thing about our profession. We will spend years in the discovery process with various legal actions until we have the means to bring about change in whole industries. A sea change is coming to security planning in Big Education and many other industries.
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Now that we have called local citizens to join us in our new training group, it behooves me to tell more about myself and what we are doing. Over ten local leaders met a few weeks ago in Liberty Lake and we now have an event scheduled for 5:00 PM, Wednesday, June 15 at the Fernan Rod & Gun Club. We expect to present monthly events at local ranges.
I went to Law School in 1986-89. Within a year after graduating, I left Post Falls, Idaho to practice law in the Seattle-Tacoma area. Then I came back to North Idaho three years ago with my wife- after being away from Post Falls for almost a quarter century!
I went right to a local range and gun store in Post Falls and introduced myself as the famous Firearms Lawyer here from Seattle area. The owner of our local indoor shooting range chortled, “What the hell is a firearms lawyer? I’ve been in this business for many years and never heard of such a thing as a Firearms Lawyer!” So let me explain how I came to be the world famous firearms lawyer.
For a few years I was working as an attorney for the provider law firm for Prepaid Legal, answering questions on the phone and trying to keep body and soul together. Many folks would call asking where they could go with their CPLs and other such legal perplexities.
While talking to the PREPAID LEGAL members, I had a computer with internet access right in front of me. So I was able to easily research such questions- like can an employee of a drinking establishment carry a firearm while working and how to get gun rights restored after convictions for felonies & Domestic Violence.
Soon I was inundated with calls from folks calling to ask about such things. I soon decided to make a complete law practice out of everything that has to do with gun laws.
I created a website dealing with guns and disaster preparedness- www.firearmslawyer.net. Preparedness seemed politically correct. The government has spent billions starting in the 1950s to prepare the public for everything from nuclear holocaust to earthquake evacuations- especially after September 11, 2001.
In 2001, our federal government poured vast amounts of money into educating Americans about everything we need to have in case of an emergency- everything except for the most valuable item- the means for defending our families from the violence which can be the aftermath of events like Hurricane Katrina in New Orleans.
I also reasoned that if a major disaster engulfed Seattle-Tacoma area it would make sense to let law enforcement know in advance who I was and that I was one of the good guys with no evil intentions.
Then I took all kinds of armed self-defense classes- from groups like the FIREARMS ACADEMY OF SEATTLE, Massad Ayoob and FRONT SIGHT and started teaching others what I had learned about tactical and practical defense of myself and others and the laws of armed defense. I obtained my CPL, joined the NRA and Paul Bunyan Shooting Club in Puyallup and also got involved in competitive shooting.
First I shot steel target at Paul Bunyan and then USPSA action pistol matches, then rifle & shotgun all in the same event; i.e., 3-gun matches.
Around that time the editor of our local Federal Way newspaper asked me to write a column that we called the FIREARMS LAWYER.
I was writing articles that appeared 2 or 3 times a week; thus, the Firearms Lawyer was a unique column for a weekly community newspaper. The police in Federal Way soon knew who I was. So I was on my way to achieving at least one of my objectives!
Then the editor of the Federal Way Mirror suggested I run for judge. The publisher seemed mostly Liberal and the editor apparently thought controversy would help circulation- nothing like a Constitutionalist, gun nut in a seven-way race for the municipal judgeship. Things were already very weird due to some scandals that had transpired in the Federal Way Municipal Court.
I joined the Chamber of Commerce to engage in some electioneering and several Chamber members wanted to get an indoor gun range started in Federal Way.
We started the ARMED DEFENSE TRAINING ASSOCIATION. A local businessman built a gun range in Federal Way; at about the same time, the ADTA started hosting shoot-on-the-move events at various locations, including the new Federal Way Indoor Range.
Most ranges don’t allow rapid shooting while moving down range. Nevertheless, the owners of several ranges agreed to let us have certain areas of the ranges to ourselves. That takes a bit of persuasion because we had to convince them that we could train inexperienced shooters with very high standards of proficiency.
None of us began with the kind of NRA credentials that are normally expected for the more advanced drills that we provided. But we grew and the ADTA is expanding to other communities in Western Washington. Some of us are now determined to create similar opportunities in Spokane Valley and North Idaho.
The ADTA group is nonprofit and all volunteer. The armed citizen group also presents educational sessions at which local law enforcement officials often appear to discuss topics of community interest. The emphasis is always on safety and getting training from professionals. The ADTA is more like a workshop for regular practice and also a place where many new shooters can get started in a user friendly atmosphere.
So my network of contacts, many with amazing leadership and business skills, opened many doors and helped us to recruit well over a hundred ADTA members- almost half of them women! Many new shooters came to us with limited or no shooting experience. The ADTA now has two clubs- we started a second chapter in Mount Lake Terrace. Another ADTA chapter is now forming in the Olympia area.
A few of us hope to start an armed citizen group like the ADTA in the Spokane area or Post Falls. We just need about five committed individuals with some basic organizational skills.
A self-defense shooting group is a great opportunity to work with your local police and other authorities. Law Enforcement will get involved just to keep an eye on what you are up to!
And when they see that you are a positive influence for good community relations, cops love to help out! There is nothing worse than having all your citizens running around with Concealed Weapons Licenses, brand new guns and no training or knowledge about the laws of armed self-defense. Not so much the case in North Idaho as it might be in Seattle!
If you are interested in experiencing a more action-oriented style of shooting, remember- we are looking for a few good men & women to make it all happen.
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A few years back we surveyed several high school girls in Federal Way with a few simple historical questions like which came first- the Civil War or WW II.
See video of Texas Tech Survey.
One girl in our unscientific survey knew the Civil War came before WW II but had to think about it- a lot. She remembered Harriet Tubman from Black Studies and that jogged her recollection. The video linked above exemplifies the same kind of results we discovered in Federal Way
Most of the HS students in Federal Way get taught much about critical thinking and diversity- both very big with modern educators; history is just for senior year, or so the Federal Way high school students claim. Supposedly knowing the difference between an ad hominem argument and a priori reasoning is more important than knowing any facts.
The trouble with such sophistry is that you can use critical thinking to convince someone of almost anything! You thought you believed in gravity, for example. But just because you fall doesn’t mean that some capricious entity hasn’t been manipulating the physical environment for years to create the illusion of a consistent natural principle. Scientific laws just seem inherently true due to our apriori assumptions that material and mass have actual physical properties that hold the universe in place. This is pseudo intellectual casuistry, of course, but a sophomore in high school (or even college) might find an instructor prating away on such things to be very enlightening.
The Bible states by Christ all things consist. But can’t it just as easily be the Lord of the Flies? Exalting a righteous God is just a method of injecting a dope like quality to people that are being enslaved by the overseer class. Its not difficult to persuade people into nihilism when they are starting out void of factual information; especially with kids, when you are working with a blank slate in the first place. Biases like honoring your parents, loving your country and rejecting the evils rejected by your forefathers are safeguards against intellectual chaos.
When kids have some experience and know some facts, they can actually exercise the “critical thinking” process to assess shortcomings in what they receive. Critical thinking would be relatively harmless if it were not for the fact that many of the teachers have been so radicalized by diversity training, Black studies, Chicano studies, neo-Marxist analysis and other anti-American biases.
It is amazing that more kids are not going on shooting rampages. Taking God and the Bible out of schools doesn’t really help either.
There is a whole branch of feminism that is also Marxist. None of these “studies” come labeled as Marxist or radical but they all employ elements of the so-called critical thinking process to deconstruct everything we try to teach kids at home. Communist lawyers founded a whole school of Critical Legal Studies many years ago. The movement is still going strong and has been very persuasively demonstrating how judges make decisions based on protecting the interests of their class-based social status.
Most of us were also educated into the “Progressive” agenda. So we need to use critical thinking to see through the agenda. Critical thinking can be good or bad; i.e., it is only a process and can be used to reach almost any conclusion. Especially when you eliminate any facts that are deemed to be biased just because they are traditional. On the other hand, supposedly innovative social ideas (which aren’t really new at all) are deemed to be inherently progressive, modern and imminently worth entertaining with a dialogue that usually engenders more Progressive foolishness.
There really are people trying to steal what we received from our forefathers and we are starting to see the tragic results. They aren’t people like Khrushchev or some commissars in Red China. People like the Clintons, the Obama True Believers and even some Republicans are just as subversive as Chairman Mao ever was. But the real source of the attack is coming from tax exempt foundations bearing names like Rockefeller, Ford and Carnegie. Millions of dollars go to fund academic studies and it skews the academic process and skewers our young.
Communist and Socialist are academic distinctions. The way the Obama administration has encouraged the racial strife in Ferguson, Missouri and other places along with the Obama Administration’s anti-police rhetoric is a harbinger of violence to come.
The only possible distinction between Communism and Socialism is that Communists profess to believe in violent revolution. But they also resort to disguising their beliefs and will even profess to be Socialists, Progressives, Democrats or even Republicans if it suits their purposes.
Do you know who Saul Alinsky is?
A very famous Chicago Communist, Alinsky died many years ago. Nevertheless, Saul Alinsky is still somewhat famous because President Obama learned community organizing under some of the organizations that followed Alinsky’s strategies outlined in the book, Rules for Radicals.
Hillary Clinton wrote her college thesis about him and actually worked in Alinsky’s operations before she took off for law school at Yale!
Mrs. Clinton was recruited into Alinsky’s operations in her Methodist Church right in Park Ridge where I went to high school. She graduated the year I started so we were not at Maine South at the same time.
I read her senior thesis written while she was at Wellesley College. It is about Saul Alinsky’s life and community organizing strategies. Very interesting! It makes my case better than I could explain it in 20,000 words or more. See the link to the thesis above.
We now have leaders who have values that are as chaotic and dangerous as the values I previously rejected when I got to meet some of the radicals in Chicago’s Hyde Park. I repudiated all of my leftist and hippy beliefs after I received Christ as my Lord and Savior. It would be a good thing for our nation if some of our leaders would also repent!
But what of our children? The so-called critical thinking that has replaced traditional educational values rooted in the traditional American heritage have left our students poorly prepared to question the premises of teachers who teach that the United States is a nation of genocide and greed. No wonder things are coming apart and our leaders seem more like adolescent children having a food fight when so many important issues confront the nation.
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I am convinced that our Lord embodies all the attributes described in Scripture- Old and New Testaments. The modern sensibility sees a conflict between love and war but that is because most Americans are not able to even imagine our families being raped, tortured, mutilated and destroyed.
That is happening to Christians all over the world right now in places like Egypt.
I have not gotten much of any feedback from any pastor friends; most of the politically incorrect material in the Scripture is usually avoided by religious professionals. Scripture only keeps the lights on and food on the table when it makes folks feel good about themselves.
The wars of Canaan are rarely discussed over the pulpit except in a vein which makes the various “ites” (Hittites, Jebusites, Amalekites, etc.) symbolic of various personal sins; e.g., pride, envy, lust, etc. But alas! Even sin is out of vogue in many of our churches- the only sin is legalism (if you belong to many evangelical churches) or intolerance- in the so-called mainstream churches. Actually both terms connote very nearly the same thing- harsh judgementalism! If even the concept of law falls into disrepute how can we explain to folks that God’s law is an expression of his attributes and character of holiness- not simply legalism.
For example, we do not let people kill and rape and torture us or do such things to our families because we are all made in the image of our Creator. That is also why in modern nations we purport to provide due process via written Constitutions- to protect the dignity of individual rights. Mundane concepts like private property derive from the knowledge that Yahweh God is sovereign and owns the universe. And he can be angry and holy at the same time- something most of us are still trying to figure out how to do!
We should look at the BOOK OF JUDGES as a blueprint for political action. Such an assertion understandably makes one a candidate for increased scrutiny- via drone attack. American citizens are now subject to assassination without due process right here in the homeland if we come under scrutiny from someone in high places. But only if it is determined that we are a threat to national security.
I believe in the Bible. And I believe that abortion is murder so I am pro-life, pro-Second Amendment and happy to be a patriotic American male.
The most terrifying condition to be in is to be taken captive by an enemy. Ask the working poor Whites, Chicanos, Blacks and other minorities captured within the enclaves of inner-city Chicago ghettos- my hometown!
The leaders in Chicago and the academic-media-leftist political complex blame the white power structure- everyone except the Democrat plantation owners that control the blood soaked Windy City- those pesky Dems and their massive Chicago machine have brought urban plantation politics to the suburbs! Thus, nervous and sometimes vehement discussions about the origins of crime and poverty, violence and terrorism roil U.S. society and the world today.
It all starts in rebellion against lawful authority. We will talk about modern Progressives further in a future installment, however.
Just bring up the fact that much of the gun violence occurs largely- but not exclusively- in Eastern gun free cities and the sparks will fly.
The Old Testament books of 1 and 2 Samuel, Kings, and Chronicles list many examples of God commanding his people to defend what and who God had given them- including a Godly heritage. The irony here, of course, is that the Scriptural heritage brought great prosperity which inevitably lead to so much comfort and feelings of entitlement.
Israelites soon lapsed into apathy and became much like Americans are today. The Biblical word is apostate. It means the Israelites were traitors against their own Constitution. Before you tell me that Israel did not have a Constitution, please consider that the five books of the Mosaic Pentateuch were the basis of all law in the Commonwealth of Israel.
Though battlefields and causes change, and weapons and tactics are enhanced, the terms of engagement have not changed since long ago. Defend one’s nation, from inner corruption and the enemies at the gates, or see it fall.
We don’t actually perform ritualistic human sacrifice as a religious sacrament like the ancient inhabitants of Canaan. Medically deleting the unborn is considered to be very modern and civilized, on the other hand, because we never are to sacrifice the rights of the woman to own her own uterus.
The mostly white elitists that push gay marriage, abortion and other new customs are also promoting a culture that is alien to most Americans. The media mavens want you to think that your guns are alien to the ruling elite but the elite just don’t want you to own firearms. They often hire a few security professionals- usually at taxpayer expense.
Since Old Testament days, the formula for a strong nation has been the same, a Godly leader in the mold of King David, following instructions from the Lord. Such a leader must be able to defend the people and the land. Most of our recent leaders have been more focused on defending their elected offices.
Prosperity and stable institutions here in the United States provided safe and compassionate governance for our people and positively influenced other countries around the world. Our elite international ruling elite, like George Soros and his friends, have figured out how to invade the public purse and finance their aspirations to become Masters of the Universe, so respect for the American way of life has turned into resentment.
Where America has long exported resources and personnel to spread the Gospel, we now also export abortion, perversion and missiles wherever a buyer appears. Unfortunately, a promise to deliver Egypt tomorrow or Libya next week is usually sufficient and no other credit is required. At least no credit card is required for regimes such as those in Pakistan, Egypt and Libya.
You are not a regime but just a group like Ansar al-Sharia? That is alright. Your affiliation with the Muslim Brotherhood that held the power in Egypt for a time is enough. Just promise to work with the CIA or help us to deliver the goods in Syria.
Great Britain and the United States share success stories that indicate how amazing prosperity and stability will follow upon a nation that trusts its ways to the Lord. Britain and the U.S. should be acknowledged as nations that sent missionaries all over the world. Freedom from fear, personal safety, national security- none of these come from a gun, an army or by government programs and spending. It starts with having right priorities.
You can prepare the horse for the day of battle but the outcome of the battle belongs to the Lord.
Many modern Americans have chosen to trust in government planners rather than the plans outlined in the Bible and the U.S. Constitution. We shall hereinafter refer to such Americans as Progressives. Thus, America seems to be following the road that Britain and other European nations have traveled.
Our technological superiority and natural resources may allow us to remain a military superpower for the near term, but recent economic upheavals have shaken the most exceptional nation on Earth. America’s leadership has chosen for years to follow the path of militarism by depending on large standing armies for most of the Twentieth Century, particularly during and after the Cold War.
The Biblical section that best demonstrates everything above is in the first few chapters of the Book of Joshua. Starting in Chapter 1, Verse 2, the Lord says to Joshua:
“Lead these people into the land which I am ready to hand over to them. I am handing over to you every place you set foot, as I promised Moses. Your territory will extend from the wilderness in the south to Lebanon in the north. It will extend all the way to the great River Euphrates in the east (including all of Syria) and all the way to the Mediterranean Sea in the west.”
Try talking like this to a Palestinian or to someone in the current Administration! In fact, any self-respecting Liberal-Progressive will tell you that what we are advocating here is Manifest Destiny; i.e., the same heretical notion that wiped out the American Indian and the buffalo herds. I am making very intolerant statements- and intolerable, too!
“No one will be able to resist you all the days of your life. As I was with Moses, so I will be with you. I will not abandon you or leave you alone. Be strong and brave! You must lead these people in the conquest of this land that I solemnly promised their ancestors I would hand over to them. Make sure you are very strong and brave!”
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The manner in which societies organize for warfare has always been dependent on a number of interrelated factors. Technology is an important factor but there are many instances where societies that are behind in the technology of warfare or even behind in industrial strength and other economic factors have been able to become better organized than their opponents. Japan, for example, created the first successful carrier groups and managed to do this virtually overnight in the years before Pearl Harbor. At Pearl Harbor the Japanese executed tactics gleaned from systematic study of the British attack on Taranto that destroyed a major portion of the Italian Navy.
Just prior to WW II, theorists like Liddell Hart advocated in favor of integrating fast moving armored vehicles with smaller infantry units and air cover. The only authorities in a position to follow Hart’s innovative doctrine that were actually listening were members of the German High Command. The German execution of the lightning-fast tactics that the world came to know as Blitzkrieg overran France’s “state of the art” defenses in a matter of a few days with a loss of German lives that was almost nil!
The ability of the U.S. to mobilize and organize a civilian industrial base in order to convert to the building of carriers and planes and other military armament was one important factor that turned the tables on the Japanese and the Germans.
Hitler attempted to personally manage and direct forces that had been effectively trained to proceed with a great deal of rapid decision making at the operational level. Hitler’s seriously flawed military logic in overriding the advice of his generals and consigning Gen. Paulus’ Sixth Army to utter destruction led to its defeat on the Eastern Front.
Over time, battlefields, as the world historically has perceived battlefields to exist, have become almost a thing of the past. During the Napoleonic Wars, hundreds of thousands of men were formed into massed ranks which presented solid boxes at which their opponents would fire. Soldiers on both sides were ordered to fire into massed ranks of the enemy, usually without taking aim.
The field of battle was filled with black powder smoke and cannon balls would skip across the open ground, often removing heads and arms and legs as the iron balls bounded through rows of soldiers lined up like bowling pins.
The American Civil War and WW I caused great loss of life because both sides had such accurate rifles, machine guns and artillery that the men were pinned down in deadly trench warfare. The certainty of death by exposing men to such accurate long range fire initiated a search for new battlefield doctrine that would avoid the drawn out carnage and attrition of the trenches.
By WW II, the German High Command’s innovative mix of tanks, armored vehicles and planes dictated a new kind of warfare that depended on speed and initiative rather than masses of men. The other great powers had greater resources in terms of weapons and by almost every other manner of reckoning. The Germans, nevertheless, had developed a process of planning, innovating and testing various plans and tactics involving new technologies that other leaders only vaguely understood until the German onslaught demonstrated to the world what the English historian, Basil Liddell Hart, had been talking about for so many years; i.e., decentralized coordination between fast moving infantry, mechanized troops and tactical air support.
By the time of the first Gulf War, the U.S. was able to detect and destroy Iraqi armor so effectively that enemy troops just gave up and walked into the desert. At the present time, there is no enemy in the world that can challenge the U.S. on the high seas, in the air or on land. Our forces are trained, organized and equipped in ways that no other nation can match.
This situation prevails as a result of GPS, satellite reconnaissance, networked communications, along with other technogies that make it possible for planners located anywhere in the world to view every inch of a battlefield environment and communicate instructions or reach out and touch personnel and equipment in real time while committing few, if any, troops to the battlefield arena. This is because of robot technology and surveillance systems that make death almost certain for any personnel that expose themselves to the systems our planners and scientists have developed.
According to Max Boot in “War Made New”, however, every victor runs the risk of becoming complacent and relying on the technological and military prowess that provided the last victory. While the U.S. was basking in the benefits of the “peace dividend” our enemies were exploring our weaknesses. The fact that no army will expose itself to the bewildering networks of weaponry deployed by our armed forces creates a new medium of battle. The only way for an enemy to attack is to infiltrate our society with networks that operate with the kind of decentralized structure by which our own special forces deploy.
Each new innovation can only be integrated into a battle system by gradual experimentation and tactical experience. One example of such innovation is information reported by military intelligence that terrorists are using online social networking systems to identify targets, communicate strike opportunities as they arise and conduct surveillance. Thus, older technology is always preserved alongside state of the art developments. This fact brings us to an interesting thesis.
It was predicted to be a matter of less than five years before WMDs would be deployed within the U.S. homeland, according to the the 9/11 Commission. Suit-case nukes, biological weapons and chemical warfare are all available to terrorists and criminals. The argument that nuclear weapons are too high-tech for terrorists is more a kind of denial than a reassurance to any thinking person. Those who study such subjects at the highest levels state that it is just a matter of when the enemy will unleash such weaponry.
Many small arms and personnel are pouring back and forth across the U.S.-Mexican border. An epidemic of kidnappings has started in Phoenix and experts predict that the business of kidnapping is spreading to other cities in the U.S. The fact that many of the kidnappings and much of the contraband and personnel crossing the border involves Mexican gangs goes hand in hand with credible intelligence that Middle Eastern personnel are also coming across our Southern border and receiving many kinds of weapons other than just small arms.
When the new administration uses the complaints about U.S. manufactured guns showing up South of the border, ask yourself whether you would care to be defenseless in El Paso, Texas when the violence spills over the border from Ciudad Juárez.
According to the New York Times, cities llike El Paso, Phoenix and Tucson are “hardly alone in feeling the impact of Mexico’s drug cartels and their trade. In the past few years, the cartels and other drug trafficking organizations have extended their reach across the United States and into Canada. Law enforcement authorities say they believe traffickers distributing the cartels’ marijuana, cocaine, heroin, methamphetamine and other drugs are responsible for a rash of shootings in Vancouver, British Columbia, kidnappings in Phoenix, brutal assaults in Birmingham, Ala., and much more.”
It will not take a WMD event to paralyze our economy. Even temporary economic and social disruption could make our armed forces vulnerable. Various synchronized forces and events are ready to converge in many parts of the world. Cyber-warfare and political confusion can amount to chaos in the midst of profound despair and recriminations.
Think about the questions that existed (and still exist) after the WTC attacks and the invasion of Iraq. Some people still question whether Al Qaeda was really behind the attacks. The apparent confusion about how seriously the American public should view terrorist threats raises the issue of whether additional unrecognized enemies can wreak havoc. Can terrorists intitiate attacks in a manner that disguises the identity of the enemy power initiating an attack? Can these attacks occur via tactical teams utilizing small arms, WMDs or industrial-financial sabotage by computer-hacking or some other electronic attack?
An ordinary-looking freighter ship heading toward New York or Los Angeles launches a missile from its hull or from a canister lowered into the sea. It hits a densely populated area. A million people are incinerated. The ship is then sunk. No one claims responsibility. There is no firm evidence as to who sponsored the attack, and thus no one against whom to launch a counterstrike.
But as terrible as that scenario sounds, there is one that is worse. Let us say the freighter ship launches a nuclear-armed Shahab-3 missile off the coast of the U.S. and the missile explodes 300 miles over Chicago. The nuclear detonation in space creates an electromagnetic pulse (EMP).
Gamma rays from the explosion, through the Compton Effect, generate three classes of disruptive electromagnetic pulses, which permanently destroy consumer electronics, the electronics in some automobiles and, most importantly, the hundreds of large transformers that distribute power throughout the U.S. All of our lights, refrigerators, water-pumping stations, TVs and radios stop running. We have no communication and no ability to provide food and water to 300 million Americans.
This is what is referred to as an EMP attack. Such an attack would effectively throw America back technologically into the early 19th century.
DARPA, a U.S. Government R & D technology lab, was able to create microwave technology at a relatively local cost with generally available electronic components that could disarm many high tech weapons systems. Such inexpensive designs are published on the internet.
The best way to deal with roving bands of killers is on their own terms. The low-tech swarming concept developed by terrorists is also one of the evolving doctrines of our own special forces.
A unit or individual blends into the social environment and, by means of cheap handheld GPS units (available at any electronics shop or outdoor store), cell phone and laptop, units come together as opportunities are presented. Similarly, the ancient Parthian and Mongolians and Turks were just some of the Asiatic horsemen that were able to envelope their enemies by converging from many directions with little or no apparent leadership.
The fact that the Asian “hordes” knew their enemies’ weaknesses stands in stark contrast to the lack of knowledge regarding the onslaught on the part of their victims (Europeans, Persians and Arabic societies, as well as the Chinese empire, to name a few). Such swarming tactics resulted in whole regions becoming systematically repopulated with mountains of skulls.
When a team comes together the units “swarm” their enemy like wolf packs or sharks. The best weapons against such forces are forces of citizens that are armed and trained to detect patterns, react and respond until the police and/or military take over.
The principle of social organization that most characterized the Twentieth Century is the same principle upon which 19th Century factories and armies were organized; the military-industrial complex organized as a massive hierarchy of professionals, bureaucrats, and engineers; i.e., as cog-like components in a huge machine. The concept of a citizen militia seemed outmoded by the 1950s.
A conventional comment is that, “The professional soldiers can provide for our defense.” The idea of a citizen armed with a deer rifle standing up to Blitzkrieg-style storm troopers seems laughable. The U.S. homeland, however, is unlikely to sustain a conventional attack on our homeland, unless our society is already decimated by the networks of terror cells that may already be waiting for the “perfect storm” to arrive.
The fact that so many naysayers deny that we are embroiled in real warfare is because the nature of the new warfare is such that there is normally not a conventional battlefield space.
The real space where the battle occurs is in hearts and minds of citizens and the outcome is determined by how we prepare for and then react to sudden manifestations of violence in schools, churches and synagogues, malls, streets or workplaces.
Our enemies will exploit any dissension (especially partisan gamesmanship) and attempt to break down our trust by creating horrific fear at the same time as the true aims and source of the terrorist acts become more difficult to identify. One source of such “plausible deniability” may result from more than one set of actors with conflicting ideological and national loyalties getting involved, perhaps in joint operations.
There are no means by which enough police can be deployed to guard all our schools. Think of all the workplaces, intersections, overpasses, malls, and other facilities where a few homicide teams bent on destruction and suicide can systematically murder many innocent Americans.
The best defense will be men and women, armed with hand guns and proper training. The government will not take the initiative to train you because “thinking outside the box” is the province of a few individuals- individuals that may lack the patience to wade through the bureaucratic gauntlets. Military officers normally listen to credible military leaders, usually from within their own command.
Even a President or Secretary of Defense has a very difficult time changing the military culture and landscape, littered as it is with turf wars. It took years to unify the various armed forces into an integrated structure where each branch coordinates with the other. A few citizens armed with pistols and spare magazines probably cannot stop a WMD. But think of what happens after a WMD event. If a suit case bomb explodes do you think the carnage will just stop there?
There are some quiet discussions going on among our political leaders about the possibility of arming some of the staff in our schools. There may be a need to change some state and federal laws. Every war takes a different kind of thinking than the last war. The concept that may be foremost in the present day battlefield is “swarming”. No one quite knows quite how it works but for defense of our U.S. homeland it could be as simple as several armed people that are near an intersection stopping one or more terrorist teams from systematically executing drivers while stopped at a traffic light during rush hour.
A Pakistani terrorist, Mir Aimal Kasi, attacked CIA personnel outside the CIA headquarters in Langley, Virginia, killing two CIA employees and wounding three in 1993.
“At around 8 a.m. on January 25, 1993, Kasi stopped his Isuzu pickup behind a number of vehicles waiting at a red traffic light on the eastbound side of Route 123, Fairfax County. The vehicles were waiting to make a left turn into the main entrance of CIA headquarters. Kasi emerged from his vehicle with an AK-47 and proceeded to move among the lines of vehicles, firing into them. Within seconds, he had killed Lansing H. Bennett MD, 66, and Frank Darling, 28. Three others were left with gunshot wounds. Darling was shot first and later received additional gunshot wounds to the head after Kasi shot the other victims.”
Kasi stated later that he wanted to kill people that were more important to the government. Kasi escaped and was hiding in Afghanistan from where the FBI lured him with an offer of a business deal and then captured him by going to his hotel room in Dera Ghazi Khan, in the Punjab province of Pakistan, “rendering” Kasi back to the U.S. Kasi was tried and convicted in the U.S. On November 12, 1997, four US oil executives and their Pakistani taxi driver were shot dead in Karachi, in what was described as a deliberate response to Kasi’s guilty verdict. Kasi was executed by lethal injection in 2002.
All the military experts recognize the viability of the swarming concept. Swarming tactics do not require advanced technology. Just as happens on any other battlefield, technology plays its part and we need the professionals.
Ordinary citizens will usually be able to respond to an emergency that occurs in a public location more quickly than the police. If the professionals are tied down by multiple emergencies, volunteers with radios, cell phones and preparation for defensive tactical engagement may be able to head off potentially devastating attacks. Or even confront jihadist homicide teams.
Citizen defense conflicts with the way many of us have been trained to react but such thinking is in line with the mental outlook of most freedom loving people up until a few generations ago. One of the reasons that Americans got away from such civil defense strategies relates to the defunct official philosophy that the world would be destroyed by nuclear events if there was ever a war. T
hus, the notion developed that there was no use preparing to defend against our enemies since “mutual assured destruction” had become official policy under the Strategic Arms Limitations Treaty (SALT). Even military forces were reconfigured in a manner reflecting the primacy of the unthinkable nuclear threat.
The contributions of many human resources and various perspectives from inside and outside the ranks of the security professionals is indispensible. Intelligence and sophisticated communications, radioactivity detection, bomb squads and medical/rescue teams have been augmented with billions in federal and state funds. Nevertheless, you can get to your neighbor’s home in an emergency faster than any other “first responder“.
You don’t have to be covered with body armor or trained as a SWAT operator or to operate radar to get a concealed carry license, take some defensive shooting classes and think tactically.
The government has also spent billions to inform citizens about the importance of vigilance and getting ready for emergencies. but, at least for now, the tactical training is something that you will have to develop without government assistance, unless you work for the government.
Think about the nature of modern warfare and why individually armed men and women may become more important to our national security than ever before. Our biggest vulnerability is also our greatest strength- the mindset of the average American citizen.
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The Law Office of Mark Knapp PLLC will present the Laws of Armed Defense in the Spokane area on Thursday, February 5, 2015 at 6:00 PM. The class at CenterPlace Regional Event Center in Spokane Valley will cover legal aspects that you need to know if you are preparing to own a gun for self-defense and is geared toward protection of yourself and other members of your family.
• What to consider if you plan to wear a pistol
for self defense;
• Legal training: before, during and after
confronting deadly force;
• When and how to deploy deadly force to
defend yourself or loved ones;
• Interacting with law enforcement when
carrying a weapon;
• Understand the psychology of stress under fire;
• Aftermath of the self-defense encounter.
Class taught by
CenterPlace Regional Event Center
2426 N. Discovery Place • Spokane Valley, WA 99216
February 5, 2015
$49/person or $79/two people signed up together.
Contact by phone or email with questions or to sign up in advance.
All preregistration and checks must be received by Feb. 1; any payments received after Feb. 1 shall be paid at the door with an additional walk-in fee of $10.00.
Email: email@example.com • 253-202-2081 •