VIDEO: Self-Defense Attorney Andrew Branca: The Reality and Politics of "Stand Your Ground"

Here’s another video clip from the lengthy interview of yours truly by Glen Evans, of Warrior Men and Self Defense Digest.

Here we discuss the legal realities of “Stand Your Ground”, and distinguish between the tactical application of “Stand Your Ground” on the one hand and self-defense immunity laws on the other–two very different legal constructs that are two often incorrectly conflated.

[UPDATE: Sorry, folks, this video seems to have disappeared off Youtube.]

AUDIO: Triangle Tactical podcast talks "The Law of Self Defense"

Lucas Apps and his co-host Ben were kind enough to focus 20 minutes of their Triangle Tactical podcast on “The Law of Self Defense, 2nd Edition”.

Their entire podcast is worth listening to (it’s #51 in their series), but I’ve redacted about 20 minutes of the LOSD-specific stuff below.

They also offer a $5 discount off an Amazon.com purchase of “The Law of Self Defense” on their website, if you use the link on their post that provides an overview of their podcast #51.

Enjoy!

ALERT! Don’t forget, if you’re anywhere in the Columbia, SC area, I’m giving one of my Law of Self Defense Seminars there this weekend.

––Andrew, @LawSelfDefense


Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog, Amazon.com (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere.

In addition to the book, Andrew also conducts Law of Self Defense Seminars all around the country, with upcoming seminars scheduled for Columbia SC (10/19), Atlanta GA (11/16), and Epping NH (11/24, at the SigSauer Academy, where Andrew is a Guest Instructor). Click here for reviews of recently completed seminars in Ohio, Virginia, and Florida.

You can follow Andrew on Twitter at @LawSelfDefense and using #LOSD2, on Facebook, and at his blog, The Law of Self Defense.

VIDEO: Self-Defense Attorney Branca Interview: No-shoot Scenario Training, Specialized Knowledge Evidence

Hey folks,

Glen Evans , of Warrior Men, was kind enough to send me a bunch more video clips of his recent interview of me.  They’re each pretty brief, around 5 minutes each, and cover some interesting facet of self-defense and the law.

In the clip below, we discuss the importance of integrating into training scenarios that cover the entire continuum of the defensive force, from simply walking away from a challenge at one end of the spectrum, to employing lethal force at the other end of the spectrum.  If you’re training only to shoot, you’re not training for the real world scenarios you are most likely to encounter (non-deadly attacks outnumber deadly-force attacks by 5-to-1, according to DOJ statistics).

We also discuss how documented training can enable you to get specialized knowledge–such as the Tueller Drill–into evidence and to a jury, whereas such knowledge may be inadmissible if you cannot demonstrate that you knew it at the time you acted in self-defense (as opposed to simply having learned of it later).

Finally, we discuss the concern shared by many that obtaining training or learning the law can be used against you in court (hint:  sure, it can, but if that’s the argument the prosecution is reduced to, then your defense is in really good shape).

If any questions, don’t hesitate to post them here.

In the meantime, if you live anywhere near Manchester, NH, I’ll be at the gun show there all weekend.  Stop by, say hello, and if you buy a copy of “The Law of Self Defense,” you can even get my awesome autograph on it.  🙂   You can get more information on the gun show, including location and times, here.

And now, Glen’s video:

–Andrew, @LawSelfDefense


Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog, Amazon.com (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere.

In addition to the book, Andrew also conducts Law of Self Defense Seminars all around the country, with upcoming seminars scheduled for Columbia SC (10/19), Atlanta GA (11/16), and Epping NH (11/24, at the SigSauer Academy, where Andrew is a Guest Instructor). Click here for reviews of recently completed seminars in Ohio, Virginia, and Florida.

You can follow Andrew on Twitter at @LawSelfDefense and using #LOSD2, on Facebook, and at his blog, The Law of Self Defense.

Legal Analysis of MO Store Clerk Use of Defensive Force

Hey folks,

As a follow-up to my post here a few days ago–VIDEO: Store Clerk in Marionville Pulls Gun on Would-be Robber–I’ve done a more extensive post with some actual legal analysis over at a Legal Insurrections:

Legal Analysis of MO Store Clerk Use of Defensive Force

Enjoy!

–Andrew, @LawSelfDefense


LOSD2 SEMINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminars. Please see Law of Self Defense Seminars/Webinars to get more information.

STATE-SPECIFIC SUPPLEMENTS NOW AVAILABLE AT PRE-PUBLICATION DISCOUNT (38% OFF)

“The Law of Self Defense, 2nd Edition,” covers the current state of self-defense law in all 50 states. We’ve heard from many of you, however, that you’d like to dive even deeper into the self-defense law of your particular state–to have on hand the full-text of every self-defense statute, jury instruction, and even the full-text of the most important and controlling self-defense court decisions. Fitting 50-states worth of level of comprehensive detail would result in a book that weighs 500 lbs, which is why we didn’t take that approach in “The Law of Self Defense.” Due to the great demand for this further detail, however, we have begun rolling out a series of State-Specific Supplements that do provide exactly such  comprehensive coverage of each particular state’s self-defense law. Right now these are available on a pre-publication basis at a 38% discount, with delivery of each to occur over the next 2-3 months–pre-publication customers will, as always, receive their books first, with shipment to the general public not beginning until all pre-publication customers have first been sent their books.  To see the five states we are starting with, vote for other states to be covered, or to place your pre-publication order, click here:  State-Specific Supplements.

About Andrew F. Branca

Andrew is an Massachusetts lawyer in his third decade of practice and the author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

He is also an attorney-member of the Armed Citizens Legal Defense Network, a Guest Instructor at the Sig Sauer Academy, an NRA Life-member and Certified NRA Instructor, and an IDPA Charter/Life member (IDPA #13) and Master-class IDPA competitor in CDP and SSP.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook, and at his blogThe Law of Self Defense.

AUDIO: Andrew's Appearance on NRA's Cam & Co. show

Hey folks,

On August 21, 2013 I was lucky enough to be an in-studio guest of Cam Edwards on the NRA’s Cam & Co. show.  We talked about the George Zimmerman trial, the Florida sheriffs’ unanimous support of Stand Your Ground, the current state of gun freedom in the United States, and of course my book, “The Law of Self Defense: The Indispensable Guide for the Armed Citizen” (2nd Edition)

Cam was kind enough to provide with me the audio of my appearance soon thereafter, but I’ve only just gotten around to posting it up on the Law of Self Defense Youtube page.

I’ll embed the video (really, audio) here, but I encourage you to also sign up for LOSD Youtube channel, so you’ll automatically be notified when we upload future videos on the Law of Self Defense.

–Andrew, @LawSelfDefense


LOSD2 SEMINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminars. Please see Law of Self Defense Seminars/Webinars to get more information.

STATE-SPECIFIC SUPPLEMENTS NOW AVAILABLE AT PRE-PUBLICATION DISCOUNT (38% OFF)

“The Law of Self Defense, 2nd Edition,” covers the current state of self-defense law in all 50 states. We’ve heard from many of you, however, that you’d like to dive even deeper into the self-defense law of your particular state–to have on hand the full-text of every self-defense statute, jury instruction, and even the full-text of the most important and controlling self-defense court decisions. Fitting 50-states worth of level of comprehensive detail would result in a book that weighs 500 lbs, which is why we didn’t take that approach in “The Law of Self Defense.” Due to the great demand for this further detail, however, we have begun rolling out a series of State-Specific Supplements that do provide exactly such  comprehensive coverage of each particular state’s self-defense law. Right now these are available on a pre-publication basis at a 38% discount, with delivery of each to occur over the next 2-3 months–pre-publication customers will, as always, receive their books first, with shipment to the general public not beginning until all pre-publication customers have first been sent their books.  To see the five states we are starting with, vote for other states to be covered, or to place your pre-publication order, click here:  State-Specific Supplements.

About Andrew F. Branca

Andrew is an Massachusetts lawyer in his third decade of practice and the author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

He is also an attorney-member of the Armed Citizens Legal Defense Network, a Guest Instructor at the Sig Sauer Academy, an NRA Life-member and Certified NRA Instructor, and an IDPA Charter/Life member (IDPA #13) and Master-class IDPA competitor in CDP and SSP.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook, and at his blogThe Law of Self Defense.

NJ Cop Faces 1st Degree Murder — should have followed Law of Self Defense

Hey folks,

You’d think a police officer would know better, but I’ve come across a MD incident in which a New Jersey detective (working for a State prosecutor’s office) managed to violate multiple principles of the law of self defense and get himself charged with 1st degree murder.  (Usual disclaimer:  the “facts” in hand are drawn from “news” reports, and may or may not be accurate or complete. You know how it is.)

The NJ police officer, James Walker, was apparently visiting Maryland with his wife and children, traveling in their Kia minivan. Joseph Harvey Jr., a 36-year-old MD resident, was also traveling by vehicle with a passenger, driving a Honda Accord. Harvey’s passenger told police that events began to unravel when Walker’s minivan turned onto the road they were traveling, cutting-off Harvey’s car, and forcing Harvey to swerve onto the shoulder to avoid a collision.

This triggered a mutual road-rage incident that would ultimate end up with both cars on the side of the walk, Walker discharging his handgun, Harvey dead in a local hospital, and Walker arrested and charged with murder. Walker’s lawyer claims that his use of force was justified in defense of himself and his wife and children.

Applying the Five Principles of the Law of Self-Defense to this case, however, reveals that Walker’s self-defense claim stands on shaky ground indeed–especially under the laws and prosecutorial attitudes of Maryland.

Take a look at my full-length LOSD analysis of the Walker/Harvey case over and Legal Insurrection, and see the reasons why Walker’s claim of self-defense is itself in considerable jeopardy:

NJ Cop Faces 1st Degree Murder — should have followed Law of Self Defense

Best,

Andrew

–Andrew, @LawSelfDefense


STATE-SPECIFIC SUPPLEMENTS NOW AVAILABLE AT PRE-PUBLICATION DISCOUNT (38% OFF)

“The Law of Self Defense, 2nd Edition,” covers the current state of self-defense law in all 50 states. We’ve heard from many of you, however, that you’d like to dive even deeper into the self-defense law of your particular state–to have on hand the full-text of every self-defense statute, jury instruction, and even the full-text of the most important and controlling self-defense court decisions. Fitting 50-states worth of level of comprehensive detail would result in a book that weighs 500 lbs, which is why we didn’t take that approach in “The Law of Self Defense.” Due to the great demand for this further detail, however, we have begun rolling out a series of State-Specific Supplements that do provide exactly such  comprehensive coverage of each particular state’s self-defense law. Right now these are available on a pre-publication basis at a 38% discount, with delivery of each to occur over the next 2-3 months–pre-publication customers will, as always, receive their books first, with shipment to the general public not beginning until all pre-publication customers have first been sent their books.  To see the five states we are starting with, vote for other states to be covered, or to place your pre-publication order, click here:  State-Specific Supplements.

LOSD2 SEMINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminar Tours. This time he’ll be traveling from Boston, down the East coast, and then west to East Texas., (the “Southern” Tour) as well as from Boston to Ohio. (the “Northern” Tour)  Anyone interested in hosting or attending a seminar anywhere along that route, or participating in a webinar, please see Law of Self Defense Seminars/Webinars to get more information.

About Andrew F. Branca

Andrew is an Massachusetts lawyer in his third decade of practice and the author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

He is also an attorney-member of the Armed Citizens Legal Defense Network, a Guest Instructor at the Sig Sauer Academy, an NRA Life-member and Certified NRA Instructor, and an IDPA Charter/Life member (IDPA #13) and Master-class IDPA competitor in CDP and SSP.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook, and at his blogThe Law of Self Defense.

Houston Gas Station Shooting: SYG or not? Break it Down with AOJ

Hungry for another claimed example of a deadly Stand-Your-Ground defensive encounter, the mainstream media has seized upon the gas-station shooting death of a black man by a rifle-armed woman, also black, this past Sunday in Houston.

Video of the encounter was captured by the gas station’s security cameras, both inside the enclosed portion of the station, where it seems the encounter began, and out by the pumps where the encounter turned deadly.

So, was this a Stand-Your-Ground case of self-defense? Click over to Legal Insurrection to read my detailed analysis. The post also includes discussion of the AOJ triad for determining an imminent threat. Finally, it touches on the legal doctrines of consciousness of guilt and consciousness of innocence and their vital importance to your ability to craft a compelling narrative of innocence and stay out of jail following a defensive use of force:

Houston Gas Station Shooting: SYG or not? Break it Down with AOJ

–Andrew, @LawSelfDefense, #LOSD2


LOSD2 SEMINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminar Tour. This time he’ll be traveling from Boston, down the East coast, and then west to East Texas. Planned stops include (1) the Quantico area in Virginia, (2) Columbia, SC, (3) Atlanta, GA, (4) Houston, TX, (5) San Antonio, TX (6) Austin, TX (7) Dallas, TX, then back to Houston and the return trip back to Boston (with similar stops on the way home). Specific dates are being hashed out as I talk with groups interested in hosting seminars, but the trip will definitely be built around the Gun Rights Policy Conference being held in Houston, TX on September 27, 28, 29–so, which I am attending, so plan on the week before and the week after as likely seminar dates. Anyone interested in hosting or attending a seminar anywhere along that route, please contact me directly via the contact form on my blog to get more information.

Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

LOSD2 Seminar Schedule: Fall "Southern" Tour 2013

Hey folks,

I’m currently in the process of planning out the “Law of Self Defense” seminar schedule for the fall.

An LOSD2 Seminar is essentially a working presentation structured along the lines of the book, with plenty of opportunity for people to ask questions and explore various hypothetical scenarios and how the law, both practical and theory, might apply. Depending on the size of the group and the number of questions the seminar tends to last about 3 hours, but I have no problem staying longer if necessary to answer more questions.

UPDATE:  For more concrete details on the substance of a Law of Self Defense Seminar, see our just released syllabus, here:  Law of Self Defense Seminar: The Syllabus.

I’m building the trip around the 2nd Amendment Foundations’ Gun Rights Policy Conference being held in Houston on September 27, 28, and 29.

Right now my rough itinerary is as follows:

  • Boston, MA
  • Quantico, VA
  • Columbia, SC
  • Atlanta, GA
  • Houston, TX
  • San Antonio, TX
  • Austin, TX
  • Dallas, TX
  • Houston, TX

. . . then back to Atlanta, etc., all the way home.

Seminars will be held on the outbound trip the week prior to the GPCR conference (so, the last week of September), and seminars can also be held on the return trip the week after the conference (so, the first week of October). I’m not limiting seminars to the listed cities, those are merely definite stops. Seminars can also be held anywhere along that route.

Screen Shot 2013-07-23 at 9.01.11 AM

For a seminar to be held I need a hosting organization to step up and arrange logistics on their end–really just providing space and registering attendees and collecting their fee. I charge the hosting organization $100 per seminar attendee (which includes a free copy of the book, “The Law of Self Defense, 2nd Edition,” for each attendee). The hosting organization gets a free seat for every 10 registered attendees.  The hosting organization typically charges some additional fee above my cost to cover their costs in organizing the seminar, but that varies by organization.  Most seminars are between 10 and 20 participants, but some have been quite a bit larger, too.  (If the seminar has 30 or more paying attendees, I discount my fee 20% for each additional attendee.)

Because I travel by motorcycle, I also need the hosting group to accept shipments of books sent to them before my arrival, so I don’t have to transport them on the bike. In the event the hosting group wishes to buy books at a discounted rate, I also make the “firearms instructor” discount available for bulk purchases:  10 or more books/order is $25/book, 50 or more is $20/book, 100 or more is $25/book.  But no purchases need be made to host a seminar.

Anyone interested in either attending or hosting a LOSD2 Seminar this fall should contact us via email at seminar@lawofselfdefense.com.

I should mention, also, just like with the book there’s a money-back guarantee–if at the end of the seminar any attendee feels like they didn’t get their money’s worth, I’ll refund their fee (the portion that I received, that is) on the spot, no questions asked. In ~15 years of giving these seminars, I’ve never had a single person take me up on that offer.

–Andrew, @LawSelfDefense, #LOSD2


Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

Stand Your Ground: The “New” Self-Defense Doctrine That’s 136 Years Young

Much has been made lately of the self-defense legal doctrine of Stand-Your-Ground, mostly for political purposes unrelated to any actual legal application of the doctrine (for more on this, see here: Stand-Your-Ground: Gun Control Zombies Exploit Grieving Black Community).

Those denouncing Stand-Your-Ground characterize it as something “new,” a misguided initiative adopted in recent years by state legislatures that has now been clearly demonstrated to have profoundly negative unexpected consequences. “Why, under Stand-Your-Ground you can shoot and kill someone just because! And it’s totally legal!”

This has become the common refrain of the pro-thug crowd who now begrudgingly concedes that Zimmerman had to be acquitted based on the facts and the law of the case–but the problem, they say, is not the thug, but the law.

For my take on this misperception, and the force driving it, take a look at my morning post at Legal Insurrection:

Stand Your Ground: The “New” Self-Defense Doctrine That’s 136 Years Young

–Andrew, @LawSelfDefense, #LOSD2


LOSD2 SEMINAR ALERT

Andrew is currently in the process of planning his Fall 2013 Seminar Tour. This time he’ll be traveling from Boston, down the East coast, and then west to East Texas. Planned stops include (1) the Quantico area in Virginia, (2) Columbia, SC, (3) Atlanta, GA, (4) Houston, TX, (5) San Antonio, TX (6) Austin, TX (7) Dallas, TX, then back to Houston and the return trip back to Boston (with similar stops on the way home). Specific dates are being hashed out as I talk with groups interested in hosting seminars, but the trip will definitely be built around the Gun Rights Policy Conference being held in Houston, TX on September 27, 28, 29–so, which I am attending, so plan on the week before and the week after as likely seminar dates. Anyone interested in hosting or attending a seminar anywhere along that route, please contact me directly via the contact form on my blog to get more information.

Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.

Self-Defense Immunity Laws: Which States Protect You Best?

Hey folks,

Now that the Zimmerman criminal trial has concluded, much attention has focused on the prospects for Zimmerman seeking protection under Florida’s self-defense immunity statute from any possible civil action against him.

Florida’s statute 776.032, is among the broader self-defense immunity statutes, in that it possesses all four qualities of an optimal statute of this type.

Fully 29 states provide some degree of limitation of liability for the individual who has genuinely acted in self-defense, but there is considerable variety in terms of the scope and manner of protection provided.

To read all about it in my detailed post on Legal Insurrection, including the self-defense immunity states listed by state, click below:

Self-Defense Immunity Laws: Which States Protect You Best?

–Andrew, @LawSelfDefense, #LOSD2

Facebook:  Law of Self Defense


Andrew F. Branca is an MA lawyer and author of the seminal book “The Law of Self Defense,, 2nd Edition” now available at www.lawofselfdefense.com and also at Amazon.com as either a hardcopy or in Kindle version.

You can follow Andrew on Twitter on @LawSelfDefense and using #LOSD2, on Facebook,, and at his blog, The Law of Self Defense.