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)
 

UPDATE: FL Shooter of Shoplifter Charged with Murder

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Posted by    Saturday, October 20, 2018 at 12:11pm 10/20/2018 at 12:11pm

Michael Dunn, a City Commissioner of Lakeland FL who on October 3 shot and killed a shoplifter in his store, has been indicted and charged with second-degree murder. He was arrested at his attorney’s office yesterday evening and is being held without bail, reports the Tampa Bay Times.

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Law of Self Defense: Use of Deadly Force Against Shoplifter Stealing A Hatchet

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Posted by    Thursday, October 18, 2018 at 3:00pm 10/18/2018 at 3:00pm

On October 3, 2018, Michael Dunn—a City Commissioner for the city of Lakeland, FL—shot and killed Cristobal Lopez as Lopez shoplifted a hatchet from Dunn’s store, reports TheLedger, a local paper.

The shooting occurred as Dunn was attempting to stop Lopez from leaving the store with the hatchet. The store’s security recording...

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Law of Self Defense: Will US Supreme Court Allow Cops’ Suit Against Marilyn Mosby?

https://www.youtube.com/watch?v=LHunddzorhY
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Posted by    Wednesday, October 10, 2018 at 5:30pm 10/10/2018 at 5:30pm
https://www.youtube.com/watch?v=LHunddzorhY

The Baltimore police officers who are suing State’s Attorney Marilyn Mosby for maliciously investigating and defaming them when she criminally charging them over the death of Freddie Gray while he was in police custody have appealed the 4th Circuit’s dismissal of their case to the US Supreme Court, according to the...

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No Surprise: Police Shooter of Laquan McDonald Convicted

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Posted by    Friday, October 5, 2018 at 8:00pm 10/5/2018 at 8:00pm

Not that it ought to be any surprise to anybody who looked at the evidence, but Chicago Police Department officer Jason Van Dyke has just been found guilty by a jury of second-degree murder in the shooting death of Laquan McDonald.

There was a hypothetical narrative under which Officer Van Dyke’s narrative...

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Law of Self Defense: A Merely Speculative Fear is Inadequate to Justify Use-of-Force

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Posted by    Thursday, October 4, 2018 at 1:00pm 10/4/2018 at 1:00pm

This week’s case comes out of California’s Court of Appeal, in a decision filed just last Monday (People v. Gregory). It involves two particularly interesting facets of self-defense law: a speculative threat, and provocation with intent. This week we’ll address the speculative threat, and we’ll address provocation with intent...

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Several Strategies for the Aftermath of Self-Defense

https://www.ajc.com/news/crime--law/bloody-details-emerge-alleged-murder-inside-reynolds-lake-oconee/4jrhUyviaBfv8XXZhONWpN/
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Posted by    Saturday, September 29, 2018 at 10:00am 9/29/2018 at 10:00am
https://www.ajc.com/news/crime--law/bloody-details-emerge-alleged-murder-inside-reynolds-lake-oconee/4jrhUyviaBfv8XXZhONWpN/

This “Case of the Week” involves a shooting death in Oconee County, GA one that on the surface has the trappings of self-defense. The purported defender promptly shredded those trappings from the first moment he spoke...

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Law of Self Defense: Prosecutors Again Test Colorado’s “Make My Day” Law

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Posted by    Thursday, September 13, 2018 at 7:00pm 9/13/2018 at 7:00pm

A prosecutor in Colorado Springs is going to once again test the legal boundaries of Colorado’s “make-my-day” statute, which came into law in 1986.

The “Make My Day” law, properly §18-1-704.5. Use of deadly physical force against an intruder, has several substantive sections:  one relaxes the proportionality requirement when dealing with a...

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Law of Self Defense: Life Sentence Affirmed for “Warning Shot” That Hurt No One

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Posted by    Wednesday, September 5, 2018 at 5:00pm 9/5/2018 at 5:00pm

This case of the week, Williams v. State, is out of the Georgia Supreme Court, in a decision handed down just last week, and involves a man whose claimed “warning shot” earned him life in prison, even though the bullet he fired wasn’t proven to have harmed anyone.

Stoplight Confrontation Between...

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Law of Self Defense: “Don’t Mess With the Uber Driver”

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Posted by    Saturday, September 1, 2018 at 10:00am 9/1/2018 at 10:00am

Around 2:30 AM last Tuesday, a man attacked an Uber driver, saying he had a pistol while raising his cell phone in his right hand. He abruptly discovered that the Uber driver was willing and able to defend himself from a deadly force attack with a lawfully carried handgun.

Now the Uber...

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Law of Self Defense: When the prosecutor doesn’t know the law

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Posted by    Wednesday, August 22, 2018 at 3:00pm 8/22/2018 at 3:00pm

This week’s case is not so much a case as it is a cautionary tale about the risks of relying upon the purported use-of-force law expertise of others based solely on their job title, and dangers of not you yourself being educated on that law.

I warn students in every class that...

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Law of Self Defense: The Lies of the Zimmerman Probable Cause Affidavit

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Posted by    Friday, August 17, 2018 at 9:00pm 8/17/2018 at 9:00pm

This week’s Case of the Week is inspired by the so-called “documentary,” Rest in Power: The Trayvon Martin Story, produced by Jay Z and Trayvon Martin’s parents.

The first two episodes focus enormous attention on the fact that George Zimmerman was not arrested until April 11, 2012, 44 days after he shot...

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Manslaughter Charges Filed in Florida Handicap Parking Spot Shooting

https://player.vimeo.com/video/281013501
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Posted by    Monday, August 13, 2018 at 3:07pm 8/13/2018 at 3:07pm
https://player.vimeo.com/video/281013501

Michael Drejka, the 47-year old shooter of 28-year-old Markeis McGlockton over a July 19 dispute about a handicap parking spot, has been arrested and charged with manslaughter, reports the Tampa Bay Times and other news sources.  He is being held on $100,000 bail in Pinellas County Jail.

[AFB: Update, just reading the...

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Law of Self Defense: Flashback to Three Lies Created From Zimmerman 911 Audio

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Posted by    Friday, August 10, 2018 at 7:00pm 8/10/2018 at 7:00pm

With the “documentary” Rest in Power: The Trayvon Martin Story by Jay Z in the news, I though it worthwhile to make this Case of the Week about the lies created by doctoring the audio file of the call George Zimmerman made to the police moments before he was viciously attacked...

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Attorney Andrew Branca to Critique “Rest in Power: The Trayvon Martin Story”

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Posted by    Monday, July 30, 2018 at 4:34pm 7/30/2018 at 4:34pm

It’s hard to believe, but my first post here at Legal Insurrection was on June 5, 2013. Naturally, it was a post covering the murder trial of George Zimmerman, after Professor Jacobson noticed some of my comments on his own posts and kindly invited me to contribute to the site.

I ended...

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CNN Mangles “Stand-Your-Ground” Law Yet Again

https://player.vimeo.com/video/281013501
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Posted by    Sunday, July 29, 2018 at 6:00pm 7/29/2018 at 6:00pm
https://player.vimeo.com/video/281013501

When I tell you that you must assume that everything the news media has to say about self-defense law and events is 100% wrong until proven otherwise, this is why: CNN: “What you need to know about ‘stand your ground’ laws”.

The errors on “Stand-Your-Ground” in particular and self-defense law in general, whether...

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9th Circuit panel upholds 2nd Amendment Open Carry right

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Posted by    Wednesday, July 25, 2018 at 11:30am 7/25/2018 at 11:30am

Every once in a while a federal court in the 9th Circuit hands down an opinion consistent with the actual meaning of the Second Amendment, and the Universe threatens to lose its mind. (Generally, of course, any such 2A-favorable decision is shortly reversed en banc, c’est la vie.)

One such decision was...

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Law of Self Defense: VIDEO: Shove-Shoot Case Sheriff’s Statement

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Posted by    Saturday, July 21, 2018 at 8:00pm 7/21/2018 at 8:00pm

Pinellas County Sheriff Bob Gualtieri issued a statement about the shove-shoot case. He gets a lot right in this statement, but he also gets a lot wrong. In the interests of time (and because I have a full-day Law of Self Defense LEVEL 1 Class to teach today in Sacramento CA),...

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