School Shootings: A Survey of Legal Considerations

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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 by the Federal Bar Association.

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.

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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

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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)