Tag: security guard

Concealed Carry, Firearms Training, Legal & Law, Self Defense Insurance, Shooting Techniques

The Truth About the Legal Aftermath of a Self-Defense Shooting

Mark Schneider

Why You’ll Likely Be Prosecuted, Sued — or Both

Most people think if you shoot someone in self-defense, the nightmare ends there. The truth? That’s when the real battle begins.

Whether you’re a CCW holder, a security guard, or law enforcement, you’re not automatically protected from criminal charges or civil lawsuits — even if your actions were legally justified. In today’s climate, you must be ready for the legal war that follows the gunfight.

🧬 The Human Body Will Fail Under Stress

Your body won’t behave the way you expect when someone’s trying to kill you. You’ll experience:

  • Tunnel vision
  • Auditory exclusion
  • Loss of fine motor skills
  • Adrenaline dump
  • Freezing or posturing
  • Cognitive distortion

This is why I train students to carry chambered and rehearse live-fire drills under time and pressure. You won’t rise to the occasion — you’ll default to your training.

🚨 Real Case Example: People v. Idrogo (Colorado)

💡 Case Study: People v. Idrogo
After a parking lot argument escalated, Idrogo shot someone he believed was a threat. He was arrested and charged, despite having no criminal history and calling 911. Prosecutors argued that the threat wasn’t clearly imminent, and that Idrogo had options to retreat.

Lesson: Just because you believe you acted in self-defense doesn’t mean the state agrees. You’ll have to prove it — in court.

🚔 You Will Be Treated Like a Suspect — Even if You Did Everything Right

After a defensive shooting, you are not the hero in the eyes of the responding officers. You’re the person who just shot someone — and it will be treated like a crime scene.

Expect to:

  • Be disarmed, detained, or arrested
  • Have your firearm seized as evidence
  • Be questioned under stress
  • Have your every word recorded, scrutinized, and used against you

The cops don’t get to declare you innocent — the DA, judge, or jury does. Don’t make their case for them.

❌ Mistakes That Get People Prosecuted

Too many people carry firearms without ever preparing for the aftermath. These common mistakes can turn a justified shooting into a criminal trial:

  • Talking too much to responding officers
  • Saying “I feared for my life” without explaining why
  • Failing to give clear verbal commands
  • Carrying without a round chambered and fumbling under stress
  • Escalating a situation instead of walking away
  • Posting about the incident online
  • Guessing or lying to fill in memory gaps
  • Failing to immediately invoke your right to counsel

🧠 What to Say After the Incident: Ayoob’s 5-Point Checklist

Massad Ayoob’s post-incident checklist is the gold standard for what to say — and only say — to law enforcement after a defensive shooting:

  1. “This person attacked me.”
  2. “I will sign the complaint.”
  3. “There is the evidence.” (Point out the weapon, shell casings, property damage, etc.)
  4. “There are the witnesses.” (Identify anyone nearby who saw or heard what happened.)
  5. “I am invoking my right to remain silent, and I want to speak to my attorney.”

That last line is critical. Don’t try to explain, justify, or tell your story. Let your attorney do that after you’ve had time to calm down and think clearly.

⚖️ Even If You’re Cleared Criminally, You Can Still Be Sued

If you’re lucky, the prosecutor won’t file charges — or you’ll win at trial. But that doesn’t stop the other side from filing a civil lawsuit.

You could face:

  • Wrongful death claims
  • Personal injury lawsuits
  • Financial ruin, even if you win the case

And in civil court, they only need to prove their side by 51%. The “reasonable doubt” standard doesn’t apply — and the jury could be stacked against you.

🛡️ Self-Defense Insurance: What It Actually Covers

A self-defense shooting can cost you $50,000–$150,000 or more in legal fees, bail, and expert witnesses — even if you’re acquitted.

That’s why I strongly recommend having a protection plan in place before you ever carry a firearm.

Plans like Right To Bear and Firearms Legal Protection offer:

  • 🔒 Criminal defense coverage
  • ⚖️ Civil liability protection
  • 🧑‍⚖️ Expert witness funding
  • 💸 Bail support
  • 📞 24/7 emergency legal hotlines
  • 🔁 No reimbursement delays — they act immediately

You can compare the best plans side-by-side on my self-defense insurance comparison page.

✅ What You Should Be Doing Right Now

  1. Train Beyond the Minimum
    Colorado now requires 8 hours of training, live fire, and a written test. My classes go far beyond that with real-world legal scenarios, tactical drills, and mental preparation.
  2. Practice Realistic Drills
    Shooting paper isn’t enough. Learn to draw, move, reload, and make decisions under stress. Start with the [Schneider Drill] or [1-Shot Second Drill].
  3. Learn the Law
    Study Colorado statutes like CRS 18-1-704, 18-1-704.5, 18-1-705, 18-1-706, 18-1-707, and 18-12-202.5 (effective July 1, 2025).
    👉 Need help understanding them? Check out my Colorado Self-Defense Law and Case Law Guide — written in plain English with real examples.
  4. Protect Yourself Legally
    Insurance isn’t optional anymore. Without it, you’re one trigger pull away from financial ruin — even if you did everything right.
  5. Memorize the 5-Point Checklist
    It could save your life — and your freedom. Keep it in your wallet, glove box, or phone until it becomes second nature.

🎯 Final Word

You only get one shot to survive the incident — and one chance to survive the legal aftermath.

Train. Prepare. Protect yourself.

Don’t just focus on winning the gunfight — focus on winning the courtroom fight too.

🔗 Take Action Now

Concealed Carry, Legal & Law, Services

Top 5 Things to Look for in a Firearms Use-of-Force Expert for CCW and Security Guard Cases

Mark Schneider

When someone uses a firearm in self-defense—whether as a concealed carry permit holder or a licensed armed security guard—the legal system often scrutinizes every detail of their decision-making. In these situations, a qualified use-of-force expert can play a vital role in helping courts, attorneys, and juries understand whether the force used was reasonable, necessary, and consistent with accepted standards.

Whether the case involves civil liability, criminal charges, or internal investigation, here are the top five qualities to look for in a firearms and use-of-force expert. These principles apply across all 50 states.

1. Real-World Experience With Firearms and Defensive Use-of-Force

The best experts aren’t just academics—they’ve trained people who carry firearms professionally or for personal defense. Look for someone with actual experience conducting firearms instruction, range qualifications, and use-of-force training for both civilians and private security personnel.

This hands-on experience provides critical insight into how people behave under stress, how training affects performance, and what realistic response times and decision-making look like in the field.

Each state has its own revised statutes governing self-defense, defense of others, defense of property, and the use of deadly force by licensed professionals. A qualified expert should be able to interpret and apply these legal frameworks accurately, based on the jurisdiction in which the incident occurred.

They should also understand how legal standards differ between civilians and individuals acting under a professional duty, such as licensed security guards or off-duty law enforcement officers.

Understanding statutory law is essential, but case law—the judicial interpretations of those laws—is just as important. A competent expert should be familiar with how courts around the country have ruled on issues such as:

  • What constitutes “reasonable belief” of imminent danger
  • Whether a duty to retreat exists
  • The role of provocation in limiting a self-defense claim
  • What qualifies as excessive force in a security or civilian context

Your expert doesn’t need to be a lawyer, but they must be able to explain how legal precedent supports or challenges a particular use-of-force decision.

4. Credentials and Training Across Civilian and Professional Sectors

A firearms use-of-force expert should have relevant certifications and experience in both civilian concealed carry training and professional security instruction. This dual-sector background ensures they can credibly speak to:

  • Concealed carry permit training standards
  • Armed security guard licensing and qualifications
  • Industry best practices for use-of-force
  • Liability considerations for private security companies

Experts with this breadth of experience can analyze whether the individual acted in accordance with their role-specific training and responsibilities.

5. Clear, Professional Communication Skills

A strong expert doesn’t just understand use-of-force—they can explain it clearly. Whether drafting a report, assisting an attorney, or preparing for a deposition, an expert must be able to break down:

  • Human factors during critical incidents (e.g., adrenaline, tunnel vision, loss of fine motor skills)
  • Reaction time, drawing and firing under duress
  • What qualifies as a threat and the level of force legally and tactically appropriate
  • Differences between defensive and offensive use-of-force decisions

The expert’s ability to clearly convey these concepts—without jargon—can be critical to building a persuasive, evidence-backed argument.

Nationwide Relevance

Although laws vary by state, the core principles of good expert analysis remain consistent. No matter where your case is—whether in California, Florida, Texas, or New York—the traits listed above will help you find a use-of-force expert who adds value, credibility, and clarity to your case.

Contact Mark Schneider – Use-of-Force Expert for CCW and Security Cases Nationwide

If you’re handling a case involving use of force by a concealed carry permit holder or private security professional, I offer affordable, competitive rates and years of real-world experience training and qualifying individuals in both sectors. My expertise is grounded in practice—not theory.

📞 Call or Text: 720-924-6654
📧 Email: cccdinstructor@gmail.com

Let’s talk about how I can support your case with detailed, unbiased, and professional firearms and use-of-force analysis.

Legal & Law

When Can a Security Guard Use Force in Colorado?

Mark Schneider

Security guards in Colorado are tasked with protecting life and property — but their authority to use force is limited by law. Unlike law enforcement officers, guards are private citizens and must follow specific statutes that govern when and how force can be legally used.

This guide explains Colorado’s use-of-force laws and how they apply to security guards, including:

  • Self-defense (C.R.S. § 18-1-704)
  • Defense of property (C.R.S. § 18-1-705)
  • Trespass and theft prevention (C.R.S. § 18-1-706)
  • Force by peace officers (C.R.S. § 18-1-707)
  • Shopkeeper’s Privilege (C.R.S. § 18-4-407)

🔹 C.R.S. § 18-1-704 – Use of Force in Self-Defense or Defense of Others

A security guard may use physical force when they reasonably believe it is necessary to:

  • Defend themselves or another person from imminent use of unlawful physical force

Deadly force is only justified if:

  • The guard reasonably believes it is necessary to prevent death, serious bodily injury, sexual assault, kidnapping, or robbery

Key Takeaway: The force used must be reasonable and proportional to the threat. If the threat stops, the force must stop. Whenever possible, guards should attempt to de-escalate before resorting to force.

🔹 C.R.S. § 18-1-705 – Use of Force in Defense of Property

Security guards are allowed to use reasonable, non-deadly force to:

  • Prevent or stop an unlawful intrusion or interference with real or personal property

However, deadly force is not permitted solely to protect property. It can only be used if there’s a simultaneous threat of serious harm or death.

🔹 C.R.S. § 18-1-706 – Use of Force to Prevent Theft or Trespass

Guards may use reasonable and appropriate non-deadly force to stop:

  • Theft
  • Criminal mischief (property damage)
  • Trespassing

Once the suspect flees or the crime stops, any continued use of force is no longer justified and may be considered assault or unlawful detention.

🔹 C.R.S. § 18-1-707 – Use of Force by Peace Officers

This statute applies only to peace officers (POST-certified law enforcement).

However, subsection (2)(c) allows a private person to assist an officer in making an arrest if ordered to do so by the officer:

“A peace officer may use physical force… and a person assisting at his direction may use reasonable and appropriate physical force.”

Security guards do not have the authority of peace officers, but if law enforcement gives a lawful order to assist, they may do so using reasonable force under that officer’s direction.

🔹 Citizen’s Arrest in Colorado

Colorado law does permit a private person — including a guard — to detain someone if they have knowledge a crime has occurred (not just suspicion). However, this carries high legal risk and should only be done:

  • When the offense was committed in the guard’s presence
  • With the minimum force necessary
  • While immediately notifying law enforcement

Even though legal, citizen’s arrest by security guards is discouraged unless absolutely necessary and should follow company policy and legal guidance.

🔹 C.R.S. § 18-4-407 – Shopkeeper’s Privilege

Colorado law recognizes a guard’s right to briefly detain and question someone suspected of theft, as long as it is done lawfully and reasonably.

C.R.S. § 18-4-407 permits:

“If any person triggers a theft detection device or conceals unpurchased merchandise and a merchant or employee detains them in a reasonable manner and for a reasonable time, they shall not be liable for false arrest, false imprisonment, slander, or unlawful detention.”

Conditions to Apply Shopkeeper’s Privilege:

  • You must have probable cause (reasonable grounds to believe theft occurred)
  • Detention must be in good faith
  • Detention must be done in a reasonable manner
  • Detention must last a reasonable amount of time
  • Law enforcement should be contacted immediately

⚠️ Use of excessive force, threats, or unlawful searches voids these protections and can lead to criminal or civil liability.

✅ Summary: What Security Guards Can Do in Colorado

SituationCan a Guard Use Force?Notes
Self-defense / Defense of Others✅ YesMust be reasonable and proportional; deadly force only for serious threats
Defense of Property✅ Yes (non-deadly only)Cannot use deadly force to protect property alone
Preventing Theft or Trespass✅ Yes (non-deadly only)Only while crime is in progress
Detaining Suspected Shoplifters✅ Yes (under C.R.S. § 18-4-407)Must meet all legal conditions of shopkeeper’s privilege
Deadly Force for Property Crimes❌ NoNot justified unless combined with serious bodily harm threat
Use of Force Off Property❌ No (except under citizen’s arrest laws)Not recommended due to high liability
Assist Officer if Ordered✅ YesMay assist LEOs using reasonable force under 18-1-707(2)(c)

🛑 What Security Guards Cannot Do

  • Use force to punish or retaliate
  • Continue force after the threat ends
  • Chase and tackle suspects off property
  • Conduct physical searches without consent
  • Detain someone without probable cause

📝 Reporting and Liability

Even when justified, all uses of force must be documented in an incident report. Guards must be trained to articulate:

  • The perceived threat
  • The level of force used
  • How it was proportional
  • When the force ceased

Improper use of force can lead to:

  • Termination
  • Civil lawsuits
  • Criminal charges

📢 Ready to Train Professionally?

Understanding Colorado use-of-force law is just the beginning. Whether you’re new to the industry or need recertification, we offer professional security guard training that covers legal authority, force options, reporting, de-escalation, and more.

👉 Click here to learn more about our Colorado Security Guard Training.

⚠️ Legal Disclaimer

This article is for educational and informational purposes only and is not legal advice. Colorado law is subject to change, and legal interpretations can vary. Always consult a qualified attorney or supervisor for guidance on use-of-force policies and liability issues.