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About: Andrew Branca

Andrew F. Branca is in his third decade of practicing law in the Commonwealth of Massachusetts. He wrote the first edition of the “Law of Self Defense” in 1997, and is currently in the process of completing the fully revised and updated second edition, which you can preorder now at lawofselfdefense.com. He began his competitive shooting activities as a youth in smallbore rifle, and today is a Life Member of the National Rifle Association (NRA) and a Life Member and Master-class competitor in multiple classifications in the International Defensive Pistol Association (IDPA). Andrew has for many years been an NRA-certified firearms instructor in pistol, rifle, and personal protection, and has previously served as an Adjunct Instructor on the Law of Self Defense at the SigSauer Academy in Epping, NH. He holds or has held concealed carry permits for Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine, Pennsylvania, Florida, Utah, Virginia, and other states.




Posts by Andrew Branca  (Page 1)

Detroit Porch Shooting: Defendant’s claim of “Accident” cost him “Self-Defense”

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Posted by    Tuesday, August 26, 2014 at 6:00pm
Theodore Wafer, charged with the murder of Renisha McBride

One of the key messages I hit in my Law of Self Defense Seminars is that the use of force can only very rarely be both an “accident” AND “self-defense.”

Self-defense is an inherently deliberate act.  You perceived a threat, you responded with force against that threat. Deliberate.

An accident is the opposite...

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Courts strike California 10-day waiting period and Baton Rouge gun possession restrictions

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Posted by    Tuesday, August 26, 2014 at 10:45am
2ndAmendment

Just a quick note on a pretty good 24 hours for the Second Amendment with a pair of favorable Federal court decisions out of California and Louisiana, respectively.

Federal Court Rules California 10-day Waiting Period Unconstitutional (for Some)

As reported by Calguns, California’s 10-day waiting period for gun purchases has been ruled unconstitutional...

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Did MO Law Allow for Deadly-Force Arrest of Mike Brown?

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Posted by    Sunday, August 24, 2014 at 7:00pm
Heavily armed police making arrests in early days of Ferguson rioting.

The shooting in Ferguson MO of robbery suspect Mike Brown by Police Officer Darren Wilson has raised a myriad of social, racial, and legal issues.  In this post I’d like to address one of the latter, specifically whether under Missouri law Wilson was authorized to use deadly force to arrest a...

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Thankfully, the presumption of innocence applies even in Ferguson

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Posted by    Friday, August 22, 2014 at 10:30am
(Police Protecting Courthouse, Ferguson MO)

At The New Republic, author Yishai Schwartz argues that “Convicting Darren Wilson Will Be Basically Impossible” because of the presumption of innocence mixed with race and Missouri self-defense law :

We may never know what actually happened during the violent encounter between teenager Michael Brown and policeman Darren Wilson. But legal judgments rarely happen...

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Misleading Initial Narrative of Zimmerman-Martin Case Applied in Ferguson

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Posted by    Tuesday, August 19, 2014 at 12:30pm
http://youtu.be/eBx06JcFGdk

The fatal shooting of the Mike Brown by police officer Darren Wilson has raised a hue and cry about a wide variety of social issues, among them the increasingly vitriolic nature of American race relations, the astonishing militarization of the police (or, perhaps more accurately, their equipment), and the curious (to...

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GUILTY: Verdict in Detroit Front Porch Murder Trial

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Posted by    Thursday, August 7, 2014 at 2:53pm
Theodore Wafer

The jury has returned a verdict of guilty of second degree murder/voluntary manslaughter and weapons charges in the trial of Detroit homeowner Theodore Wafer for the front porch shooting death of Renisha McBride in the early morning hours of November 2, 2013.  Trial Judge Hathaway has ordered Wafer imprisoned immediately,...

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Detroit Front Porch Murder Trial: Closing Arguments, Jury Deliberations

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Posted by    Wednesday, August 6, 2014 at 2:53pm
Theodore Wafer AP

UPDATE: I’ve come across video of Wafer’s direct testimony under questioning by defense counsel Cheryl Carpenter. Here you go:

Today saw the closing arguments of the murder trial of Detroit homeowner Theodore Wafer in the front porch shooting death of Renisha McBride in the early morning hours of November 2, 2013.<...

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Defense Rests in Detroit Front Porch Murder Trial, Closings Wednesday

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Posted by    Tuesday, August 5, 2014 at 6:00pm
Theodore Wafer AP

Welcome back to the eighth day of the murder trial of Detroit homeowner Theodore Wafer for the shooting death of Renisha McBride on his front porch in the early morning hours of November 2, 2013.

Theodore Wafer Back on Cross-Examination

Wafer was back on cross-examination today, having taken the stand in his own...

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Homeowner Takes the Stand in Detroit Front Porch Murder Trial

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Posted by    Monday, August 4, 2014 at 6:37pm
Theodore Wafer AP

Court room testimony took a dramatic turn today in the murder trial of Detroit homeowner Theodore Wafer for the front porch shooting death of Renisha McBride when Wafer took the stand to testify in his own behalf.

Direct questioning was conduced by lead defense counsel Cheryl Carpenter.  (As usual for this trial...

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Detroit Front Porch Shooting Case: What you need to know heading into Week 3

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Posted by    Sunday, August 3, 2014 at 6:15pm
Theodore Wafer AP

Tomorrow marks the start of the third week of the second degree murder trial of Detroit homeowner Theodore Wafer for the front porch shooting death of Renisha McBride in the early morning hours of November 2, 2013.  This past week saw the milestone of the prosecution resting and...

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Detroit Front Porch Shooting Case: Day 6 End-of-Day Wrap-Up

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Posted by    Thursday, July 31, 2014 at 5:20pm
Theodore Wafer AP

Well today continued to be a bad, bad day for the Prosecution in the Detroit trial of Theodore Wafer, charged with second degree murder for the shooting death of Renisha McBride on his front porch in the early morning hours of November 2, 2013.  The prosecution team seems to completely lose...

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Detroit Front Porch Shooting case: Day 6 Mid-Day Wrap-Up

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Posted by    Thursday, July 31, 2014 at 1:20pm
Theodore Wafer AP

Welcome, all to the morning of the 6th day of the Michigan front porch shooting case, in which homeowner Theodore Wafer is up on second degree murder charges for the shooting death of an extraordinarily intoxicated and likely concussed Renisha McBride on his front porch ~4:00 AM on November 2, 2013.

Continued...

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Detroit Front Porch Shooting Case: Day 5 End-of-Day Wrap-Up

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Posted by    Wednesday, July 30, 2014 at 9:20pm
Theodore Wafer AP

So we find ourselves at the end-of-day wrap-up for day 5 of the murder trial of Theodor Wafer for the shooting death of Renisha McBride on his Detroit front porch in the early morning hours of November 2, 2013.  This afternoon the State would rest with its final witness, Medical Examiner...

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Detroit Front Porch Shooting Case: Day 5 Mid-Day Wrap-Up

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Posted by    Wednesday, July 30, 2014 at 1:50pm
Theodore Wafer AP

We’re back for day 5 of the second degree murder trial of Theodore Wafer in the shooting death of Renisha McBride on his front porch in the early morning hours of November 2, 2013. As has been the case since mid-day of day 1, Judge Hathaway still refuses the trial to...

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