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 …

Defending Against a Reasonably Apparent Threat Read More »

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 …

It’s a Trap! Firearms Sentencing Enhancements Read More »

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 …

“Gun Law” versus “Use-of-Force Law” Read More »

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 …

“Suicide by Cop” as Lawful Self-Defense Read More »

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 …

Oops: Robber Brings Hatchet to Gunfight Read More »

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 …

Muzzled at the Range: Shoot or No Shoot? Read More »

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 …

Going TO the Fight NEVER Looks Like Self-Defense Read More »

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 …

Juries: The Best and Worst Parts of Criminal Justice Read More »

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 …

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