THE LAW GOVERNING THE USE OF DEALDY FORCE IN PA.

[PeteG]

The PFDC is sponsoring a course devoted to the law governing the use of deadly force in Pennsylvania.

This course is different from the "Pennsylvania Firearms Law" course. "Pennsylvania Firearms Law" is a survey course, covering many aspects of the law pertaining to firearms. This course is dedicated specifically to the civilian use of deadly force, including but not limited to the use of firearms.

This course devotes six hours to the topic of use of "reasonable force" and "deadly force" (two different things) in Pennsylvania. We talk about assault, aggravated assault, "brandishing" (a slang term), and where the courts have drawn the lines. We talk about knives, and "prohibited offensive weapons" (e.g.: what that is; life-altering trouble that can follow from just having a flat slap, or billy in the car; defenses to such charges; whether it is true the legality of a knife depends upon by how many finger-widths long the blade is; etc.).

I also tie some of the legal requirements into how one trains. Examples include my views on why it is a bad idea to train to shoot any faster than one can perceive events, make a decision, recognize a change in circumstances, and make new decisions; training to act lawfully immediately following a disarm; training to act with a certain demeanor; etc.

We also encourage police in attendance to give their perspective in responding to shootings, so we can have a better idea what it looks like from their perspective. We always make sure at least one experienced officer is there and willing to address the topic. In the past, we have been fortunate to have several others officers who happen to be in attendance who were willing to comment. Other attorneys have also, historically, been present and participating in the discussion. But we cannot guarantee who will attend any given course.

Harry Schneider will offer his always informed perspective on recent cases, pending legislation, and who is currently pushing for what in the State House.

We also have doughnuts and coffee. For the record, thus far we have seen that the cops do not eat as many doughnuts per capita as other attendees. Another myth exploded.

The course description follows:

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LAW GOVERNING THE USE OF DEADLY FORCE
IN PENNSYLVANIA
Saturday March 1, 2014 - 9:30 A.M. TO 5:00 P.M.
Holiday Inn Express Pittsburgh West
Parkway Center Mall - Exit 68 off I 376
875 Greentree Road, Pgh. PA. 15220
(412) 922-7070

If you think it’s as simple as “I was in fear for my life,” you don’t know what’s involved. Legal justification for the use of deadly force is a very complicated, technical and often confusing subject. Being in fear for one’s life or the life of another is an important aspect of the defense of justification (“self-defense”), but it is far from the whole story.

There are many considerations pertaining to how one found himself in a position where he felt compelled to use deadly force, whether the use of such force was actually necessary at the moment it was applied, and how circumstances might have changed between the time a threat first became apparent and the time deadly force was used. There are also many practical considerations regarding how one might best equip himself, train, and comport himself after a lethal encounter. There are also legal issues pertaining to the use of deadly force on animals.

The Pennsylvania Firearms Development Corporation (PFDC) is presenting a six hour course of instruction, written by a practicing attorney, a firearms instructor and a martial artist. The course is designed for lay people who possess weapons (not limited to firearms) or study a martial art in contemplation of possibly having to use deadly force to defend themselves or their loved ones from a potentially lethal threat. The course will cover how to comply with the law before, during and after an encounter involving the use of deadly force (whether a death results or not). The focus will be statutes, cases interpreting statutes, and practical advice.

Specific topics address will include:

• Distinguishing “reasonable force” and “deadly force”
• The history of the legal defense of justification, and how it relates to “self defense.”
• Statutory codification of deadly force principles in Pennsylvania.
• The “Castle Doctrine” and how the 2011 changes in the law are working out.
• Consequences of being wrong (civil and criminal exposure).
• Consequences of being right (the need to prove your case and avoid “talking your way into jail”).
• Taking the law into account when training, so as to avoid training to screw up.

INDENT]• Circumstances affecting the lawfulness of a use of deadly force:
o Protection of self
o Protection of others
o Protection of property
o Provocation, escalation and your responsibility for a confrontation
o Use of force to make or resist an arrest
o Use of force to maintain order by those charged with care of others
o The duty to retreat
o Confinement as “deadly force”
o Duty to render aid following the use of deadly force.
• Your obligations in dealing with the police following an incident.
• “Prohibited” weapons and your liability for possessing them.
• Using deadly force against animals (excluding hunting and the Game Code).[/INDENT]


Instructors:

PETER GEORGIADES is a practicing attorney with 37 years of litigation experience. Admitted to practice in Arizona, Pennsylvania and the District of Columbia, his practice includes advising clients with respect to various aspects of law relating to firearms. Peter has been an instructor in law at the National Law Center at the George Washington University and the Graduate School of Industrial Administration at Carnegie-Mellon University, and is also an experienced firearms instructor (NRA certified to instruct in rifle, pistol, shotgun and personal protection; issued State of Arizona CCW instructor certificate No. 8769268; member of the International Ass'n. of Law Enforcement Firearms Instructors (IALEFI); and instructor in carbine and defensive tactics since 1997). Peter is a judoka, holding the rank of Sandan (3rd Degree Black Belt), is a two-time medalist at the USA Senior National Judo Championships (2005 and 2007), and gold medalist at USJA PA state open (2009, 2011).

HARRY SCHNEIDER is the Legislative Chairman of the Pennsylvania Sportsmen's Association (PSA). He is experienced at writing bills and analyzing legislation, and has been active in the advancement of the interests of firearms owners in the Pennsylvania. His work includes assistance in writing and passing amendments to firearms laws in Pennsylvania, including statutes governing reciprocity and the 2011 amendments to the statutes governing the use of deadly force. He has attended numerous ATF-PSP Firearms Law Seminars and seminars sponsored by the Pennsylvania Bar Institute, the Federal Bar Association and the NRA. His formal firearms training and experience stretches back 30 years.

Cost: The cost is $90 with advance enrollment. The cost will be $100 at the door, space permitting. (It is best to enroll in advance.)

Course format: The course will consist of straightforward explanation of what the governing statutes provide, how the law works, what the current rules are and how to stay out of unnecessary trouble. There will be three hours of discussion in the morning and three hours in the afternoon, with a one-hour break for lunch, and 15 minute breaks in the morning and in the afternoon. The course will run from 9:30 a.m. to 5:00 p.m. Principles will be illustrated using actual cases and statutes (as opposed to theories, political positions or ideology). There will be substantial time for questions and discussion.

Prerequisites: None. Because this course does not involve the handling of weapons or training in the actual application of force, no criminal history check is required, and no age limits apply.

CONTINUING LEGAL EDUCATION CREDITS: 6 hours of continuing education credit for NRA law enforcement instructor accreditation. Paperwork will be will be available at the course site.


TO ENROLL:

Download an enrollment form at www.fireinstitute.org, or

Send a letter giving your name and a check or money order for $90, payable to “Pennsylvania Firearms Development Corporation.” Be sure to give your contact information (address and phone number), so we can send you a course confirmation and contact you in case there is a change or a cancellation. Mail your check and application to “PFDC, P.O. Box 42398, Pittsburgh, PA 15203.” You will receive an enrollment confirmation by return mail. Enrollment is first-come/first-served.

“Having a gun and thinking you are armed is like buying a piano and thinking you are a musician.”

--- LTC Jeff Cooper (USMC Ret.)

[PeteG]

We will be doing the "Law Governing the Use of Deadly Force in Pennsylvania" course at a different location than was previously announced.

We will be at the Holiday Inn Express at the Parkway Center Mall. There is plenty of parking, and it is very easy to reach from the Parkway West (I-376).

Take exit 68 to Greentree Road, head toward Pittsburgh on Greentree Road for about 150 yards, and you will come to Parkway Center Drive. There is a traffic light at that intersection. Go right on to Parkway Center Drive and left into the Holiday Inn Express lot. The Holiday Inn is actually quite visible from the Parkway.
Google info:

Holiday Inn Express Pittsburgh West
875 Greentree Road, Pgh. PA. 15220
(412) 922-7070

[PeteG]

The course faculty will be supplemented this session by two "grey head" police officers who have, conservatively, several hundred police interventions (with and without arrests), and several shootings, between them. Their role will be to :

(1) Convey their "street level" understanding of the law governing the use of deadly force, including the possession and use of "prohibited offensive weapons" (which is not necessarily the same as a lawyer or judge's understanding of the law); and

(2) Explain on-site and traffic stop procedures (why they do what they do) as relevant to how one can safely interact with police during or immediately following the application of deadly force.

[PeteG]

Three weeks to go, and the course is about half-full.

[PeteG]

We currently have about a dozen places left in the course. Unless somebody gets sick or something, we are on track for next Saturday.

I spent about 15 hours this week updating the materials. The written booklet that goes with the course is 50 pages!

If you mail enrollment on Monday or Tuesday of next week, it should arrive on time. After that, you better call and let me know you are coming, or the door Nazi will charge you the higher rate for enrollment the day of the course.

Be sure to note on the enrolment form or letter you send if you need the NRA LE Instructor CLE credit. It's a real pain trying to keep track of who gets the certificate at the seminar.

[PeteG]

It is now too late to enroll in this course by mail. If you do wish to enroll, you can walk-in, and the fee will be $100 (space permitting: we have 6 open seats).

If you call me Thursday or Friday and tell me you are coming, you can avoid the late enrollment fee. (412) 370-9500.

Peter

[DaveM55]

I just sat through this course and I am impressed. This class was taught by a lawyer from the statutes, not expert interweb opinions. There was a lot of material I was not aware of. Too much information to fully understand and remember. But it does boil down to a few basic rules that Pete provided and supported with Pa case law.

I highly recommend this course for anyone who carries a gun or keeps one for self protection.

Justification for self-defense is MUCH more than “I was in fear for my life”.

The law can be very technical and just reading the statutes isn't enough, don't fool yourself.

IANAL...DarkKnight34 out...

[Gundelt]

I agree; the course was well worth the investment of time and money. Pete and Harry did a great job of conveying the reality behind the statutes (as opposed to the lack of reality behind Internet postings). The interplay between them was also fantastic -- there's clearly a late night talk show (or at least a televised debate) there, I think.