Category: News

This category covers the latest updates in firearm laws, self-defense legislation, concealed carry regulations, industry developments, court decisions, and major events impacting gun owners and personal protection rights. Stay informed with timely and relevant news affecting the firearms and self-defense community.

Concealed Carry, Legal & Law, News

Why CCW Holders and Security Guards Must Always Be in a Position of De-Escalation

Mark Schneider

When you carry a firearm—whether as a CCW holder or as an armed security guard—you’re not just carrying a tool of defense. You’re also carrying a heavy responsibility. The first thing any District Attorney or investigator will ask after a use-of-force incident is simple:

  • Who was the innocent party?
  • Who was the aggressor?
  • Who provoked the situation?

That word provocation is critical. Under the law, if you are seen as the one who “got the ball rolling” in a confrontation, your claim of self-defense can collapse. That’s why your mindset must always be one of de-escalation.

This doesn’t mean you back down from danger or fail to defend yourself if truly necessary. It means you discipline yourself so that anyone reviewing your actions—witnesses, supervisors, investigators, or a jury—sees clearly that you did everything possible to avoid violence.

What Does “Provocation” Mean in Self-Defense Law?

In plain terms, provocation means doing something that causes or escalates a conflict. If you provoke a fight, you lose your legal standing to later claim self-defense unless you clearly attempt to withdraw.

Provocation can include:

  • Words: Insults, taunts, or verbal threats.
  • Actions: Aggressive movements, brandishing a firearm, or invading personal space.
  • Behavior: Following someone, blocking their path, or refusing to disengage.

If the DA sees evidence that you pushed the confrontation forward, even a justified defensive act can look like assault or manslaughter.

Connecting to the Rules Every CCW Holder Must Follow

I’ve written before about the three things you are never allowed to do when carrying a firearm (you can read that article here). Those rules tie directly into this concept of provocation. If you break those rules, you’re already stepping into the role of aggressor.

Real-World Examples of Provocation vs. De-Escalation

  • Road Rage (CCW Holder):
    • Provocation: A driver cuts you off. You pull up beside them, shouting threats. They get out, and you draw your firearm. On review, you provoked the encounter.
    • De-Escalation: You slow down, change lanes, and exit. No fight, no police report.
  • Bar Argument (CCW Holder):
    • Provocation: Someone spills your drink. You shove them back and say, “Do that again and you’ll regret it.” They swing, you fire. The DA sees you as the aggressor.
    • De-Escalation: You step back, say, “No problem,” and leave. End of story.
  • Shoplifter (Security Guard):
    • Provocation: The suspect mouths off. The guard steps chest-to-chest, saying, “You’re not going anywhere.” A fight breaks out. On video, it looks like the guard escalated.
    • De-Escalation: The guard maintains distance, uses Verbal Judo: “Sir, please wait while we get the manager. You have options here.” Now compliance is easier.
  • Trespassing Loiterer (Security Guard):
    • Provocation: The guard says, “Leave now or I’ll drag you out.” The loiterer resists, and things go hands-on.
    • De-Escalation: The guard says, “You can leave on your own, or store management will trespass you and police will be called. Your choice.” Now the loiterer has an exit.

The Two Systems of De-Escalation

I teach two different frameworks that fit these roles perfectly:

  • The 6 D’s for CCW holders
  • The Five Truths of Verbal Judo for security guards

The 6 D’s for CCW Holders

As an armed citizen, your priorities are awareness, avoidance, and last-resort defense. The 6 D’s keep you legally and tactically squared away:

  1. Detect — Spot trouble before it starts. Keep your head up, read body language, and know your exits.
  2. Disengage — Remove yourself. Step back, create space, and leave if possible.
  3. Deter — Use strong verbal commands, presence, and positioning to discourage escalation. Phrases like “Stay back” or “I don’t want any trouble” communicate your intent to avoid conflict. Move toward witnesses or cameras if possible.
  4. Demonstrate (Defensive Display) — If deterrence fails and the threat continues, you may lawfully display your firearm (where legally permitted) as a last warning. This is not brandishing or intimidation — it is a controlled defensive display in response to a real, immediate threat.
  5. Defend — Only if there is no other option and you face imminent deadly force or serious injury. If you must fire, stop when the threat stops.
  6. Dial 911 — Call as soon as you’re safe. Clearly identify yourself as the victim, request police/EMS, and preserve evidence.

Example: You’re walking to your car at night when someone aggressively closes distance with a knife.

  • First, you deter by backing away and yelling, “Stop! Stay back!”
  • If they continue, you demonstrate by drawing to low ready: “Don’t come any closer!”
  • If the threat still advances, you may be forced to defend.
  • As soon as safe, you dial 911 and report the incident.

The Five Truths of Verbal Judo for Security Guards

Security professionals are held to a higher standard. You’re in uniform, representing your company or client. That means you must be the calmest person on scene—even when others aren’t.

The Five Truths of Verbal Judo keep your communication professional and tactical:

  1. Respect and Show Dignity — Even difficult people want basic respect. Give it, and you lower tension.
  2. Ask vs. Tell — Lead with polite requests, then move to commands if necessary.
  3. Give Options — Show the person their choices and consequences: “Leave now, or the police will be called.”
  4. Give Second Chances — Let emotions reset. A second chance can stop a fight before it starts.
  5. Explain the Why — Compliance goes up when people understand the reason for your request.

Why This Matters

For CCW holders, de-escalation means staying out of court. For security guards, it’s about professionalism, liability, and client trust. For both, it’s about survival—both physical and legal.

The reality is simple:

  • If you look like the aggressor, you’ll be treated like the aggressor.
  • If you look like the calm, reasonable professional who tried to disengage, you’ll be seen as the innocent party.

Your firearm is your last resort—not your first tool. De-escalation must always be your first move.

Final Thoughts

Carrying a firearm is about more than accuracy or tactics—it’s about judgment. When you practice the 6 D’s as a CCW holder and the Five Truths of Verbal Judo as a guard, you’re not just protecting yourself from physical harm. You’re also protecting your legal standing, your reputation, and your livelihood.

Always remember: “the best way to win a gunfight is not to get into one”

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Guide, Legal & Law, News

Why Attorneys Should Get a Use of Force Expert Involved Early

Mark Schneider

When a use of force case heads to trial, timing is everything. Judges and juries need clear explanations, and attorneys are already tasked with managing complex laws, trial prep, and courtroom strategy. Bringing in a use of force expert witness early can make all the difference.

Why Timing Matters in Expert Consultation

In many cases, critical pieces of evidence that can shape the outcome—such as reports, training records, or body cam footage—may not initially be requested in discovery. Attorneys often focus on the broader legal picture, while a firearms expert witness knows exactly which details might become pivotal.

Getting an expert involved from the start helps ensure nothing is overlooked, saving time and preventing last-minute surprises as trial approaches.

The Attorney’s Role vs. the Expert’s Role

Attorneys are experts in the law. They know trial procedure, case law, and strategy. But very few specialize narrowly in use of force litigation. Even experienced criminal law attorneys may not have a deep background in firearms, defensive tactics, or the physiological effects of high-stress encounters.

That’s where a subject-matter expert comes in. My role is “an inch wide and a mile deep.” I don’t replace the attorney—I equip them with the specialized insight that allows them to build a stronger, evidence-based case.

How Experts Strengthen a Case

A qualified use of force expert witness brings value by:

  • Identifying overlooked but critical pieces of evidence.
  • Explaining the human factors involved in high-stress encounters (adrenaline, tunnel vision, loss of fine motor skills).
  • Interpreting training standards, tactics, and policies.
  • Providing peer-reviewed research and professional context to support or challenge claims.
  • Helping courts apply Daubert standards (or Kumho v. Carmichael), ensuring expert testimony is reliable and relevant.

This thorough approach not only strengthens a case—it also educates judges and juries on the dynamics they may never have considered.

A Helpful Analogy: Medical Specialists

Think of it like medicine. A general practitioner can diagnose many conditions and provide broad care, but when something highly specific arises, they refer the patient to a specialist. That cardiologist, neurologist, or surgeon doesn’t replace the primary doctor—they provide the focused expertise that ensures the best outcome.

A use of force expert serves the same role in court. Attorneys handle the legal strategy, but the expert focuses on the highly specific factors of human performance, tactics, training, and evidence. This partnership gives the court the clearest possible picture.

Final Thoughts

Just as a surgeon wouldn’t operate without the right specialist’s input, attorneys shouldn’t walk into trial without the insights of a forensic firearms expert witness. The earlier the expert is involved, the stronger the foundation of the case—and the better equipped the attorney is to deliver a compelling, fact-based strategy in court.

Call to Action (CTA)

👉 Contact me today for Expert Use of Force Consulting — strengthen your case with a thorough, fact-based, and unbiased expert opinion.

Frequently Asked Questions About Use of Force Experts

❓ What does a use of force expert witness do in court?
A use of force expert analyzes evidence, training standards, and human factors to provide unbiased testimony that helps judges and juries understand complex incidents.

❓ When should an attorney hire a use of force expert?
As early as possible. Involving an expert at the start of a case ensures no critical discovery is missed and strengthens courtroom strategy.

❓ Can a use of force expert help in self-defense or CCW cases?
Yes. Experts provide testimony on firearms use, human performance under stress, and lawful self-defense principles. This applies not only to criminal cases but also to civil lawsuits involving security guards or CCW holders.

❓ What makes an expert witness credible?
Courts look at training, certifications, peer-reviewed research, and adherence to Daubert standards to determine credibility.

About the Author

Mark Schneider is a firearms instructor, Force Science Analyst, and expert witness consultant specializing in self-defense shootings, negligent discharges, CCW incidents, and armed security encounters. With decades of firearms experience and thousands trained, Mark provides unbiased, professional analysis for attorneys, CCW holders, and security companies navigating the complexities of use of force litigation.

👉 Contact Mark Schneider for Expert Use of Force Consulting

Concealed Carry, Legal & Law, News, Self Defense Insurance

The Hidden Costs of a Self-Defense Case — And Why Insurance Matters

Mark Schneider

Facing Felony Charges for Defensive Gun Use

Imagine this: you legally carry a firearm for self-defense, and in a tense encounter, you draw your gun but don’t fire. You think the worst is over—until police arrive, and you’re charged with a serious felony.

That’s exactly what happened in a Phoenix case, where a man was charged with disorderly conduct involving weapons, a Class 6 dangerous felony. In Arizona, that type of felony can never be removed from your record and permanently strips away civil rights like voting and firearm ownership. All this—for simply holding a gun defensively.

How Expert Witnesses Change the Outcome

The defense attorney in this case made a critical decision: he brought in firearms instructor and use-of-force expert John P. Correia (of Active Self Protection, Facebook, and YouTube).

John carefully reviewed the case discovery and authored a detailed report explaining why the defendant’s conduct fit within Arizona’s defensive display of a firearm statute. That report was given to both the prosecutor and the court—and it played a decisive role in having the charges dismissed before trial.

The lesson? Involving an expert witness early can stop a case from ever reaching the courtroom.

The Price Tag of a Solid Defense

Here’s where most gun owners get a wake-up call:

  • John’s work as an expert witness cost around $5,500.
  • Attorneys charge thousands more.
  • If the case had gone to trial, the total defense cost could have easily skyrocketed.

Most ordinary citizens simply don’t have that kind of money lying around. Thankfully, in this case, self-defense insurance covered the costs—making a proper defense possible.

Why You Need Self-Defense Insurance

This case demonstrates the cold reality:

  • Even when you act lawfully, you may still face arrest and charges.
  • Defending yourself legally costs thousands of dollars.
  • Without insurance, many people are forced into plea deals simply because they can’t afford to fight.

Self-defense insurance ensures that when the worst happens, you have access to qualified attorneys and expert witnesses without risking financial ruin.

If you carry a firearm, protecting yourself means more than just learning to shoot—it means preparing for the courtroom as well. Here’s what you should do:

Final Word

The Phoenix case could have ruined a man’s life forever. Instead, early involvement of an expert witness and the backing of self-defense insurance made the difference.

Credit goes to John P. Correia for his expert witness role and for sharing his experience through Active Self Protection, Facebook, and YouTube.

And remember: if you’re in Colorado, I’m Mark Schneider—a firearms instructor, CCW trainer, and expert witness consultant. I help citizens and attorneys navigate the legal and practical realities of self-defense.

Don’t wait until you’re in handcuffs. Prepare now—with the right training, the right knowledge, and the right insurance.

If you carry a firearm, protecting yourself means more than just learning to shoot—it means preparing for the legal battle that may follow. Here are some resources to help:

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances. If you are involved in a self-defense incident, consult with a qualified attorney in your jurisdiction. Mention of specific instructors, experts, or organizations does not imply endorsement. Always verify current laws and insurance policies before making decisions.