Attorney Andrew Branca

NEW EPISODE! “Calling the Shots” Self-Defense Law Q&A Show

Hey folks, Today’s Post of the Day is the video and audio replay of the new episode of “Calling the Shots,” my new self-defense law LIVE Q&A show, hosted by Alien Gear Holsters, that aired on May 15, 2019. “Calling the Shots” airs live every other Wednesday at the Alien Gear Holsters Facebook page, usually on Wednesdays at 3 PM Pacific time. Before we dive into the show I’d like to remind all of you …

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When Pepper Spray Constitutes Deadly Force

Today’s Post of the Day focuses on a traffic stop in Wisconsin earlier this week in which the stopped driver, identified in news reports as one Joshua T. Martin, apparently pepper sprayed sheriff’s deputy Michael Rosecky, who pulled him over for speeding. In response to being sprayed, Deputy Rosecky immediately drew his pistol and pointed it at Martin, giving commands to Martin to show his hands, but without firing. Martin instead drove off.   You can …

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Charges Dismissed for Cop Whose Taser Went Bang

Just about a month ago we did a Post of the Day that covered the story of a Kansas police officer who accidentally shot a suspect with her handgun when she’d intended to merely use her Taser. You can find that Post of the Day here: When your “Taser” Shoots Lead: Criminal Recklessness in Action; it includes video of the actual shooting. That event took place in May 2018, and the officer was charged with …

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Shoot at a Fleeing Thief, Catch a Mandatory 15 Years

Today’s Post of the Day comes from a recent use-of-force event in Missouri, as reported by local news sources. It illustrates how poor judgment in bringing one’s gun into play, even with the best of intentions, can quickly lead to a felony arrest and a ride down the criminal justice pipeline with the destination being a mandatory 15-year prison sentence. Hat tip to good friend TC Fuller, CEO of The Horus Group, a firm specializing …

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Can Knowing the Law Be Used Against Me in Court?

Hey folks, Today’s Post of the Day was prompted by on a murder trial out of Kentucky, in which the prosecution has presented evidence that the defendant conducted internet searches on self-defense law generally and the Castle Doctrine specifically, presumably to convince the jury to find the defendant guilty. (You can read news reports of the case here and here, but I caution that they are written so poorly as to be nearly impossible to …

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Your Castle’s Moat: The Legal Boundary of Defending Your Home

Hey folks, Today’s Post of the Day is the result of a North Carolina court of appeals decision handed down this week that involved, in part, the definition of “home” for “castle” or justified use-of-force purposes. (State v. Copley, 2019 N.C. App. LEXIS 394) (Thanks to the several members of the Law of Self Defense community who so promptly sent me this decision.) As is true in many (but not all) states, North Carolina has …

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Sandra Bland Redux: New Cellphone Video Released by Family

Hey folks, Some of you may recall the 2015 arrest and subsequent apparent jailhouse suicide three days later of Sandra Bland, about whom I wrote at the time here at Legal Insurrection: Sandra Bland Arrest: Another Lesson in Non-Compliance (7/24/15) No indictment in Sandra Bland jail death (12/22/15) In summary, Bland was the subject of a traffic stop that should have been routine but which became confrontational, in the course of which Bland became increasingly …

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When Shooting a Cop is Not a Crime

Hey folks, Although the headline of this Post of the Day is intended to be literal, I suppose I ought to state explicitly that I do not recommend shooting at cops, not only because doing so almost always is a crime, but also because generally speaking it results in the cops shooting back. So put “shooting at cops” in the bucket labeled: Avoid this conduct if at all possible. That said, there are real-world circumstances …

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Real-life Example: “Gun Law” versus “Use-of-Force Law”

Today’s Post of the Day provides a real-life example out of California of the distinction between “gun law” on the one hand and “use-of-force law” on the other. (I’ll note up front that Law of Self Defense generally, and me as an Attorney specifically, focus on the latter rather than the former.) As is often the case, these events involve known bad actors who manage to get themselves into even further trouble. It’s common for …

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Guarantee me on your legal defense team. Here’s how:

Hey folks, After being asked by thousands of you in the Law of Self Defense community and having to say “no” for years, and hating that answer, I’ve put together a program that allows me to finally say “YES!” The question: “Can I guarantee you’ll be on my case if I ever defend myself or my family against criminal attack and then some prosecutor tries to put me in prison for the rest of my life?” The old answer: “There’s no way to guarantee …

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