School Shootings: A Survey of Legal Considerations

$195.00

CLE Credits earned: 2 GEN

This seminar identifies and analyzes the spectrum of legal considerations associated with school shootings that continue to make headlines worldwide. The related legal issues cross most practice areas, and range from prevention or risk mitigation, through training, and policies and procedures, to insurance coverage and the inevitable litigation that follows. These complex legal issues are compounded by the divergent federal, state and local laws, rules, and regulations.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Gun-Free School Zones Act (Federal Law)
•   State Legislative Responses to School Shootings
•   Standard Protocols for Active Shooter Scenarios
•   Insurance Considerations and Litigation

Date / Time: July 18, 2018

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Clear

Original Broadcast Date: May 18, 2018

Bryan L. Ciyou, Esq. is a trial and appellate attorney with the Indianapolis law firm of Ciyou & Dixon, P.C.. He earned his BA with distinction and graduated through the honors program, along with his JD, cum laude, at Indiana University. Bryan is admitted in Indiana State and Federal courts, the 7th Circuit Court of Appeals, the United States Tax Court, and the United States Supreme Court.

One of Mr. Ciyou’s key practice areas is Firearms Law; he represents a wide spectrum of clients, including licensed manufacturers and dealers, gun show promoters and businesses with firearms’ issues, and individuals involved in deadly force encounters and related criminal matters. Bryan also consults across the United States with lawyers and those in the industry regarding civil, criminal and/or regulatory matters. Mr. Ciyou has qualified as an expert witness in firearms’ cases.

Bryan has authored several books on Firearms Law, including an annual reference book, Gun Laws by State (2018). This text compiles and distills the thousands of gun laws and driving concepts and simplifies the complex interaction of local, state, and federal gun laws for citizens and LEOs who carry firearms off duty in other states. He also authored a portion of Inside the Minds: Strategies for Defending Firearms Offense Charges, published by Thomson Reuters (2013).

Mr. Ciyou is frequently featured in the local, state, and national media on firearms’ issues of the day. In addition, attorneys, judges, police officers, news reporters, legislators, and everyday citizens wanting to know more and accurate information, regularly reference his books. He is a frequent lecturer on gun laws and has been active on the legislative front, including advising lawmakers in drafting proposed legislation, considering current laws, and testifying about the impact of firearms legislation and regulation at the local, state and national level. Mr. Ciyou frequently teaches groups, ranging from LEOs to attorneys, covering a wide variety of topics, such as current trends and the components of defending or analyzing a deadly force encounter. Bryan was also a presenter at the NRA’s 17th Annual National Firearms Law Seminar, covering material titled the “Federal Firearms Disqualifications and the Restoration of Rights” in April of 2014.

Bryan is also actively involved in shooting sports, and has trained at some of the country’s best facilities, such as Gunsite, under the tutelage of renowned instructors. He is a lifetime member of the National Rifle Association, Second Amendment Foundation, and Safari Club International, Rocky Mount Elk Foundation

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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Applied MCLE Approvals
myLawCLE seeks approval via application in all other states that are not automatically approved through myLawCLE’s state accreditation. (Some states may take up to 4 weeks to send in final accreditation, however attendees will receive accreditation according to the date the class was taken—the state of VA may take up to 12 weeks.)

Accreditation on Formats: Live Video Broadcasts, “Live” Re-Broadcasts and On-Demand CLEs

Live Video Broadcasts
Live video broadcasts are new live CLE programs being streamed and recorded for the first time. All of these programs qualify for “Live” CLE credit in all states except LA and PA—these two states require in-person attendance to qualify for “Live” CLE credit.

“Live” Re-Broadcasts
“Live” Re-broadcasts are replays of previous recorded CLE programs, set on a specific date and time and where the original presenting speakers calls in live at the end of the event to answer questions. This “live” element allows for “live” Re-broadcast CLEs to qualify for “Live” CLE credits in most states. [The following states DO NOT allow for “live” CLE credits on re-broadcast CLEs: NM and LA.]

On-Demand CLEs
On-demand CLE classes are available 24/7 via the myLawCLE portal. Attendance to these classes is monitored and recorded via our login process and a certificate of completion is issued upon the close of viewing the program. These CLEs can be viewed at anytime and only qualify for self-study CLE credits.

Reciprocity
Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, CT, FL, GA, ME, MO, MT, ND, NH, NJ, NY, PR, SD and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

myLawCLE Credit Guarantee
Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Chaos of the Shooting: The Act (How it Begins)
a) Parkland Florida, Stoneman Douglas High School,
b) February 14, 2018, 2:19 p.m.

Section II. How Did We Get Here?
a) The history of school shootings
b) When school shootings became a legal focus?
        i. Gun-Free School Zones Act of 1990
        ii. Columbine High School, Colorado, April 20, 1999

Section III. Federal Law
a) Gun-free school zones (18 U.S.C. 921)
b) Pending legislation:
        i. H.R. 5380 (March 22, 2018): Securing Our Children Act of 2018

Section IV. State Legislative Responses to School Shootings
a) Allowing CCW’s to carry firearms on school property
b) Arming teachers
c) Private security and law enforcement
d) Additional firearms’ regulation

Section V. Central Legal Theories and Litigation
a) Protection of Lawful Commerce in Arms Act of 2005
        i. Sandy Hook semi-auto military rifle
b) Sovereign immunity of LEOs
        i. “Bivens” action
c) State statutory liability limits (for Schools)
d) Shooter’s Estate

Section VI. Protocols for First Responders
a) Single Officer Active Shooter Response (SOAR)
b) National Fire Prevention Association (NFPA) 3000 (coordination standard for first responders, facility managers, hospitals)

Section VII. Key Considerations for Attorneys
a) Prevention and mitigation
i. Current policies and procedures for the school, teacher and student (and their use)
ii. Technology (such as text alerts)
b) Insurance considerations
i. Exclusions
ii. Statutory caps/limits

Section VIII. Shooter’s Initiative (How it Ends)