Practice vs. Your Butt on the Witness Stand:

From The Old is New Again Instructor

Hey Y’all,

At my most recent training session, we were introduced to the deeper end of the legal pool. In a case known as Pow Pow vs. The City of Margate (USC 42; 1983) WHICH CHANGED THE WAY Police trained nationwide, we learned about “Failure to Train” lawsuits.

If you get involved in a deadly force encounter, and survive it and the follow on Post Traumatic Stress from the encounter you have to get yourself ready for PHASE 2.

PHASE 2: 

THE 3 L’S... LAWSUITS - LAWYERS - LIABILITY

Before we go on I will repeat myself. Should you wonder or doubt or question the why of carrying a concealed handgun and defending your life with it or any weapon for that matter; let’s get real and ask…….HOW?

• HOW MUCH IS YOUR LIFE WORTH?
• HOW MUCH ARE THE LIVES OF YOUR FAMILY AND LOVED ONES WORTH?

 You are on the witness stand or being deposed by the dirt bags family attorney. He has taken out a folder and opened it and starts telling you about your personal financial situation as it stands since he’s been retained by the Family of the Deceased. Your attorney is stalling on turning over records of that nature at the date of the incident but it’s a matter of time till the bottom feeder attorneys have to make all info available. Your homeowner’s insurance, life insurance, business insurance any insurance that has a liability clause or value clause that could be based on negligence or 3 degrees of tort will be brought up and attacked for settlement. You see they strictly want money and won’t want to fight in court, to the point that many of them settle their cases either right outside the courtroom on trial day H hour or by phone within days or hours of trial. ( After a thousand continuances)

 So there you sit and the questions are asked (and noted by the court reporter/stenographer) about your Concealed Handgun License and your understanding of the Use of Force in Chapter 9 of the Penal Code. You are pretty clear on that but every detail of what you say is noted. Then the lawyer asks how often you practice or train or sought the same from your instructor or from other instructors. You cough, stutter, stumble, hesitate (all duly noted) and answer. What do you think your chances are of losing all your liability insurance money and subsequently any future coverage if your lawyer and insurance companies decide to settle out of court because you said you never sought further training or instructional updating after your initial licensing? Yeah the shooting was justifiable and you were no billed by the Grand Jury but that’s what your initial licensing covered for you. The civil lawsuit is totally a different matter and is a game of manipulation. Is it easier to defend yourself legally if you maintained a standard of proficiency? Absolutely! Would you be accused of being “bloodthirsty” for training on a regular basis? Probably, but if you maintain that your training was to maintain your proficiency it would be a non matter. Will you be subject to liability more directly if you maintain that you never practiced or sought further training or information to maintain your proficiency? Undoubtedly. “OK Mr. Steeves. You took your CHL course and passed the tests and then didn’t think you needed any more training or information for two to five years yet you took a weapon you admit you don’t maintain proficiency with and used it; knowing that you deliberately would not wait to use it. Yet Mr. Steeves you felt you were so expert from your minimal training as to no longer require maintenance of what even your Instructor and all Firearms Instructors and Gun Magazines tout and constantly remind the public of that firearms use is a “perishable skill” is that correct sir?


Then I’m called in to depose for both attorney. After giving all my information and qualifications as your Instructor, the questions start. I’m asked about your CHL Class and then I’m asked about you specifically.
“Did Mr. Steeves seek out more clarification of any points of law in regards to the use of deadly force as it relates to you having licensed them in Texas for concealed carry? “No sir but…” Did Mr. Steeves ask you to further train him regularly to maintain his proficiency…excuse me sir; before you answer I see you have a website as does Tx. DPS for concealed handgun license holder to gain access to is that correct? “Yes.”  On your website sir, do you post times where you specifically note, suggest and invite your licensed students or any firearms user to join you or meet you for said firearms practicing? “Yes.” How many of your trainees show up regularly for those sessions. “Between 1 and 3 per session.”   And you have trained how many sir since 1997? “ Several hundred.” Has Mr. Steeves ever attended your practice sessions?” No.”

Has he registered on your website any questions or requests? “None I’m aware of but..” just the question sir thank you. “None I’m aware of?” Is Mr. Steeves aware of the fact that firearms skills of usage are perishable? And do you make your student trainees aware of that fact both in your instruction and on your website sir? “Yes I do,”

 Sooooooooo how do you think you’re going to look after all I am allowed to say is yes or no and I testify to the truth in the civil suit? Not too good huh?

 In Pow Pow v Margate the police officer killed an innocent third (a husband and father) person while shooting at a fleeing kidnapper in low light. “There’s a lawyer attached to every bullet”.  The police officer, his department, and City of Margate were all found liable in the death of the woman who filed the suit’s husband for failing to train the officer in low light shooting and she won millions and it changed the way we train police nationwide as well as it brought “Failure to Train” lawsuits to the whole spectrum of civil liability cases both law enforcement and civilian.

SOOOOOO… DON’T SHOW UP FOR THE FREE PRACTICE AND TRAINING SESSIONS I POST
AFTER ALL “WHAT IS YOUR LIFE WORTH?”

A new calendar of training sessions that will cover this summer 2010 will be posted by next week I hope you take advantage of it. I’ll be there either way.

Your Instructor...  Eddie

Taking It All For Granted

From your Instructor a word or two on Taking It All For Granted

Hi folks thought I’d get a few of these done before I get busy and have to lay off a little for the Holidays and upcoming work requirements.

 I finally heard from NASA/JSC. The NASA budget has delayed takeover to January and the reassessment of security/police force needs and protocols, has been dropped on the front burner since the Ft. Hood massacre. I get it but watching the government minds and bureaucracy function I liken to committing suicide with a rubber band. It takes forever. I will however take my physical and PT test in January. This requires that I walk/run 3miles in forty five minutes and do a small number of sit ups, pull ups, and push- ups. Now you ask what does this have to do with CHL newsletters?  This!  I have to prepare by practicing. At my age that is not without pain but it is necessary. 

I cannot take for granted that I’ll be hired or pass a “PT” test at my age! AND ………….. you,  can’t take for granted that you will pass the test of surviving an assault on you or against your home.

 I’ve been with more than a few of my friends and trainees when they purchased their firearms.  I have , as all know not said “buy this or that.”  I make some suggestions as to what to take a look at but I refuse to pick firearms for anybody other than myself. If you pick it for yourself you will feel more confident, and in a fight confidence should be part of your survival mindset. That said, you have all made what I consider, excellent choices and surprised me with more than a few of them. All have been excellent choices, bottom line. What have you done with your choice to ensure your survival in a lethal encounter?  If you haven’t had the money to buy something to defend yourself with that is understandable.  I know two trainees/students who went so far as to put firearms in lay-away only to cancel them because of financial problems.  BUT…..one lady said it was too expensive ($300.00 shotgun) AND …. The others ( I forgot one ) said other things kept popping up that the money was needed for and they canceled the lay-away with restock fees involved I’m sure.  Folks, I know gas is expensive and so is food and clothes for the kids, never mind the bills every month. You just can’t avoid that living expense and the money not always being there are factors. I got that, BUT ……. I DON’T GET (AND I WILL NOT CRITICIZE….AH HELL YES I WILL.) that a weekend cruise out of Galveston, a trip to the casinos in Louisiana or another piece of musical equipment was either one of those bills/necessities or in any way, shape or form, more important than your self defense and that of your home and loved ones.

 We as a group of Instructors have basically been ordered to maintain contact with our trainees by OUR instructors , at the very least with something in the form of written material like this or more hopefully with hands on training.

 “I have a super two thousand ninety nine millimeter with grenade launcher and satellite descrambler voltometer and…………. I leave it in the car…..or….it’s in the dresser…….or I’ve never fired it but it’s a good one…..or…or ….or.” You bet……YOUR LIFE…….on that or your loved ones? A wiser Instructor than said two things that I live and personally train not only you but myself by, “Ownership, does not equate to  ability.,…   and a firearm should be COMFORTING not comfortable.”

 Practice or don’t it is completely up to you. I practice to stay sharp not to prove anything. If you ever meet an Instructor who says he doesn’t need practice for himself, you have wasted your time and money with that instructor. Do you think that if you get in a fight or are assaulted in your home that the Grand Jury you will face after a deadly force incident will accept that you tell them “I took the CHL course but I just didn’t have any time to practice. Isn’t that enough?” after you shot through your house your attacker and into the house next door killing the gerbil and destroying the microwave. What do you think the attorney for the recently deceased bad guy will zero in on from your testimony, after telling your ”peers” that his clients family deserves the proceeds from the sale of your home, business, your vehicles and all of your insurance policies and savings, because he deserved to be incarcerated for sure but… KILLED? Mercilessly GUNNED DOWN in the home of a gun owner who didn’t feel the necessity or the responsibility to practice with that gun that MERCILESSLY GUNNED DOWN THEIR SONS, never giving them a chance to repay their debt to a society but instead, being the judge, jury, and executioner because “I took the CHL course” but they didn’t think they had to practice any more….ladies and gentlemen kids go wrong but should they be GUNNED DOWN FOR IT?.............

 Your Instructor the “Fastman” says “there’s that old damned perception thing again.” 
How much is your life and those of your loved ones worth?  Couple of coin? A little practice?

To me you are all priceless and so are your loved ones which is why I write and INVITE ….y’all to come to the range with me or go to the range and let me know how much fun you had.

EDDIE    your Instructor

Practicing Smart, Wise and for Fun!

Hi y’all it’s the old Instructor again.,

When I train y’all I go over the basics of marksmanship. I train you first in what I call defensive shooting at distances out to ten yards. Those are realistic in an assault and usually considering the distances you’ll likely encounter in your home if attacked there.  The statistical records of forensic study show that attacks on persons run for the most part from contact distance to seven yards.   CHL training takes into consideration other factors and we train you to a maximum of fifteen yards as you know.

In keeping with me upgrading the quality of my training of you, I will now deal with the marksmanship aspects of your handgun training.  THIS IS MANDATORY IT IS NOT A REQUEST AND IT MAY SAVE YOUR LIFE OR YOUR LOVED ONES!!!  ……. You must learn what you and your weapon are capable of at distances and ranges that you MAY have to deal with……..Yeah I know but then there’s that one time. Better to need it and not use it than to need it and not KNOW how to use it. 

IF YOU ENJOY CHALLENGING YOURSELF THIS CAN BE SO MUCH FUN SO TRY IT.

If you have a place to shoot out doors do this at twenty five yards or twenty five steps normal stride. Set up a table of some kind and improvise a rest or bring one for your weapon.  If you have to do this at an indoor range, run the target as far out as it goes, get a chair and once again use a rest

1. Outdoors if not a range, make sure you have a good backstop and make sure of what’s beyond it.

2. Targets: Use a silhouette (B27) and put one of those shoot n see round or oval (large) stick- on in the center of it.  This will allow you to see your hits, and force yourself in these games to look at the sight picture not at the hits until you’ve fired your rounds. Someone else can spot for you if you like but you concentrate on sight picture and trigger squeeze. If you want to put a four foot stick in the ground with a balloon tied to it and try to hit it or tape it onto the shoot n see on the silhouette. If there’s a breeze you’ll have a blast tryin to hit that balloon.

3. Indoors or Outdoors sit at the table and rest the butt of your weapon on the rest that you improvised or sandbags or whatever so that your sights are at eye level. At first, don’t rest the barrel just hold the weapon so you can figure out how to hold for windage and elevation. Line up your sights so that the sight picture shows you they are all lined up evenly across the top and the front sight blade is centered in the rear with equal amount of light on either side. Put the sights on the target so that the shoot n see sits right on top like the moon or at what is known as the six o’clock position. If you have a semi auto or revolver with an exposed hammer (now you stop and say to yourself 3 times FINGER OFF THE TRIGGER..FINGER OFF THE TRIGGER..FINGER OFF THE TRIGGER..and)  cock the hammer.  Now put your finger on the trigger and put just enough pressure on the trigger to do what is known as taking up the slack (semi autos) revolvers should just put the finger on the trigger. Take a breath, look at the sights/target, let half of the breath out and squeeze………….BANG!  REPEAT…..FOR FIVE ROUNDS.  LOOK AT YOUR TARGET. How’d you do?  Repeat that process and swing over to try and hit the balloon for the fifth round.

4. Now that set -up except this time move your sights or raise your hold to get you sights on the center (usually a red circle or vertical oval) of the target/shoot n see. Do this for three groups of five shots each at each point on the target. This will tell you where your sights are set and how you are doing with proper sight picture/alignment. Do this for 50 rounds, cause you’ll find that’s just about the point where you either get bored or frustrated. Then your practice doesn’t do you any good.

If you reach a point of just doing something for the fun of challenging yourself try this. Take a break from the marksmanship part and put another four foot stick in the ground with a golf tee stuck in the top or attached so you can set an egg on the tee. You can also staple or tape a playing card to the stick or turn over a red drink cup and try to hit those. That sh*t is just plain fun folks. They also work great for teaching kids with a bb or pellet gun or .22 and one for both of you would be to try to hit a lollipop of any size at that distance. Kids love it.

Why do I teach you this if the self defense distances are so much closer? Come on y’all, think.  You just might have that one encounter with the “rocket scientist” criminal you HAVE to engage at that type of distance. Let me give you an example:  June 20, 1994 at Fairchild Air Force Base in Spokane Wash., a recently section 8 discharged airman went on the base with an AK 47 copy and went to the base hospital where he opened fire first inside and then out in the parking lot. He wound up shootin 27 people killing several including an 8 year old little girl in the cafeteria until an “Ape” Air Policeman who rode up on his bike in response engaged him with a 9mm Beretta he’d never even fired (it was just issued to him) and took him out with a shot to the head that entered just to the right of his nose and blasted the top of his brain to spray. He fired five rounds total from his handgun against a rifleman shootin at him. The AP had taken a kneeling position and from his own reports thought he was shootin at no more than thirty yards and couldn’t understand why he was not hitting him. Each shot was carefully aimed and fired and upon stopping the attacker the A.P. had to enter the hospital to clear it of any possible other shooters where to his horror he discovered the eight year old child by slipping in the pool of her blood as he entered to clear the cafeteria. He lives with that and the thought that if he’d only got there sooner………. The forensic investigation showed that the Air Policeman had NOT engaged the nutball at 30 yards at all. IT WAS SEVENTY THREE YARDS WHEN HE MADE THE HEAD SHOT THAT STOPPED THE NUT…and he had hit him twice.   YEARS before the Ft. Hood murders folks. You can read about that in the current edition of American Handgunner in The Ayoob Files.

You never know when you might need it so know how to do it.  What if that was your eight year old or mine…..?

I will be practicing at Marksman Indoor Range in South Houston , Sunday Dec. 6, 2009 at 1:00 pm I will also be there practicing  on Sunday the 27th at the same time please try to come by and join me.  You have to practice folks. I can’t stress it enough. Your life and liability could depend on it. If you got in a deadly force situation and faced the aftermath of both a grand jury and the bad guy’s attorney you will have to explain why you didn’t practice at all or you may be accused of practicing too much. I’ll take my chances with the latter. You don’t have to do it like I do but you do have to do it.   

Eddie     OUT