Defending Against a Reasonably Apparent Threat

Today’s Post of the Day arises out of an event in Florida in which a motorcyclist fired three rounds into a man who punched him in the face, even though the motorcyclist did not first observe a weapon in the man’s possession. Is this “gun versus fist” scenario a violation of the element of proportionality? Were there facts from which the motorcyclist could reasonably infer a deadly force threat? That’s the topic of Today’s Post …

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It’s a Trap! Firearms Sentencing Enhancements

Today’s Post of the Day involves the sentencing of an Illinois man for murder. The interesting part of this case for gun owners? The man was sentenced to 40 years for the murder and then an additional 40 years as a firearms sentencing enhancement. Before we dive into firearms sentencing enhancements, however, let me make a note on this particular defendant, per media reports. There seems little doubt that this particular guy earned his murder …

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“Gun Law” versus “Use-of-Force Law”

Today’s Post of the Day involves an upstate New York homeowner, 64-year-old Ronald Stolarczyk, who shot and killed two apparent home invaders, one a 57-year-old woman and the other her 27-year-old nephew. All facts in this post are as reported Fox News coverage of this story. Given these facts, it would appear that this was a lawful use of force and that the two killings are legally justified.   Indeed, New York is among the states …

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“Suicide by Cop” as Lawful Self-Defense

This Post of the Day focuses on a fatal police use-of-force event in San Diego in August 2017. The suspect was shot and killed by a police officer. This event has become news again after law enforcement recently released body camera video of the event in apparent response to the dead suspect’s family “demanding answers” (usually code for “filing a wrongful death suit against the department”). Police Officer Corey Pitts responded to a 911 call …

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Andrew guest appearance on Firearms Nation Podcast

Hey folks, I trust everyone had a safe and enjoyable Memorial Day weekend. Today’s Post of the Day is a recording of my appearance last week on Arik Levy’s Firearms Nation Podcast, which he aired himself this past Friday. It runs about an hour, so enjoy! Also, this week we’re running a 50% off sale on our state-specific supplements, a deep dive into the self-defense law of each state. We have a separate DVD course …

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Oops: Robber Brings Hatchet to Gunfight

First, I’d like to take a moment this Memorial Day weekend to acknowledge all of those who made the ultimate sacrifice so that a small-town lawyer like me—and all of you—could have the life, liberty, and the freedom to pursue happiness in security from enemies, foreign and domestic.   Today’s Post of the Day is based on a convenience store robbery in Oregon in which the masked robber’s weapon of choice was a hatchet. Unfortunately …

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Muzzled at the Range: Shoot or No Shoot?

First, I’d like to take a moment this Memorial Day weekend to acknowledge all of those who made the ultimate sacrifice so that a small-town lawyer like me—and all of you—could have the life, liberty, and the freedom to pursue happiness in security from enemies, foreign and domestic.   Today’s Post of the Day is based on a Facebook inquiry on which I was linked yesterday, a portion of which is shown in the featured …

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Going TO the Fight NEVER Looks Like Self-Defense

Today’s Post of the Day focuses on a recent sentencing in Ohio for a defendant who was convicted felonious assault over the non-fatal shooting of a victim during a confrontation. The case is primarily of interest because of the defendant’s poor judgment in going to the fight, rather than remaining in a position of safety, but also because of the firearms enhancement attached to the underlying assault sentence. The facts described here are as reported …

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Juries: The Best and Worst Parts of Criminal Justice

Today’s Post of the Day involves a verdict in a murder trial out of Akron OH, as reported by the Akron Beacon Journal, that illustrates the peril in which we place ourselves if we find ourselves in front of a jury. The facts of the case are pretty straightforward and common. The Defendant, one Kennae Baker, shot and killed the victim, one D’Andre Pete. The shooting occurred in Pete’s apartment in the same housing complex …

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Gun vs. Fist & Drunken Self-Defense: Ever Lawful?

Today’s Post of the Day comes to us out of trout-rich Ennis MT, and is a bit of a two-fer as it involves both issues of using a gun defensively against a barehanded attack and it also involves the use of deadly defensive force by an intoxicated defender. Can either ever be lawful? Gun versus Fist: Ever Lawful? With respect to using a gun defensively vs. barehanded attack, the rule of proportionality generally requires that …

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