Attorney Andrew Branca

NEW DECISION: “Tueller Drill” in Federal Court

Today’s post is prompted by a long-time member of the Law of Self Defense community, Anthony S. (many thanks!), and it involves a Federal Court of Appeals decision filed just this past July that involves consideration of the Tueller Drill (which the decision refers to as the “21-foot-rule”). What’s perhaps most interesting about this decision is how both the majority and the dissent manage to improperly understand and apply the core lesson of the Tueller …

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Self-Defense & Domestic Abuse

A New York woman was convicted earlier this year of murdering her live-in boyfriend and father of their two children, by shooting him through the head as he slept on a couch. Now she’s looking at being sentenced for second-degree murder as well as a second conviction for felony gun possession. Her possible sentence for murder and felony gun possession under a New York law that took effect this year? As little as five years …

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Jury Selection Begins in “Wrong Apartment” Shooting Trial

Jury selection begins today in the murder trial of former police officer Amber Guyger, who shot and killed 26-year-old Botham Jean in his own apartment. Guyger claims that she mistakenly believed she had entered her own apartment and stumbled upon a home intruder inside her residence. It’s uncontested that Jean was doing nothing to deserve getting shot by Guyger, yet it’s quite possible that Guyger’s killing of Jean could be legally justified.  We’ve covered …

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MAG DUMP! Lawful, or Excessive Force?

A few days ago a video of a cell phone store robbery started going viral, in which the store clerk does a mag dump into the armed robber, and requests began to come into Law of Self Defense asking for my comment and analysis. So, buckle up, here we go.  Incidentally, my apologies for only getting to this today, but I spent the last few days on a motorcycle trip around Colorado before the …

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OFFICIAL REPORT: LEO Shooting of Unarmed Black Suspect

I just have a quick post today as a follow up to last Wednesday’s post entitled “REQUIRED: Reasonable, Not Perfect, Decisions.” In that blog post I wrote about the shooting of an unarmed 17-year-old black suspect by Florida Deputy Daniel Estanislau. The suspect ended up paralyzed from the neck down from the deputy’s gunfire after the suspect did everything possible to convince Deputy Estanislau that he was pointing a gun at the deputy. The details …

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SHOOT OR NO SHOOT: Knife Attack on Children

Today’s post is prompted by a strange and horrifying knife attack—strange because it happened on a public street, strange because it involved the theft of property almost certain to be worthless, and horrifying because it involved slashing attacks to the faces of two small children. [Note: I initially thought the black bag visible in the video was taken from the first child attacked; in fact, it was in the possession of the attacker from the …

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MISSING: Actual Cases of Unaccountable Racist Police Deadly Force

This past Wednesday I wrote about a Florida deputy who was cleared of false accusations of having committed a racially motivated murder of an unarmed black suspect. In that post I recounted how the lawyer of the suspect’s family described the event: Law enforcement claims of being in fear of a gun when no gun is present have become all too frequent and expected. I’d like to offer an alternative, reality-based variation of that sentiment: …

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NEW EPISODE: “Calling the Shots”!

]Today’s post is a replay of our increasingly popular “Calling the Shots” show, kindly hosted by Alien Gear Holsters every other week on their Facebook page. In this latest episode, we reviewed and commented on several crime videos of self-defense events, explaining the legal (and sometimes tactical) dynamics of each, all in plain English. I expect this kind of review and commentary of self-defense videos will be the standard format for “Calling the Shots” moving …

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REQUIRED: Reasonable, Not Perfect, Decisions

The headlines sound horrible: “Police officer shoots unarmed black teen.” Then the officer isn’t even charged with a crime. Outrageous! Racist! When are the police going to be stopped from killing young black men with impunity! Sound familiar? Suspect that there might be more to the story than the salacious headline pushed by the racial grievance industrial complex that benefits from a heightened state of racial division?  On March 26, 2019 Florida Sheriffs Deputy …

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Drejka Analysis: When the Tueller Drill’s Corrupted

This past Friday a Florida jury convicted Michael Drejka, the handicap parking spot shooter who killed Markeis McGlockton, of manslaughter. As a result, at his September 10 sentencing hearing the 48-year-old Drejka will likely be sentenced to a mandatory minimum of 25 years to life in prison, without possibility of early release. My problem with this outcome has nothing to do with the fact that Michael Drejka was found guilty—maybe he was guilty. My problem …

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