Law of Self Defense Show: Jan. 18, 2019

Hey folks, here's this week's Law of Self Defense Show.  Topics covered:  

Segment 1: WA Bans NRA “self-defense insurance”

Segment 2: Privilege to Defend Against A Reasonably Perceived Threat, Even if Mistaken

aka “Awful but Lawful”

Segment 3:  Q&A

Q1:  Backup guns

Q2:  Self-defense immunity hearings

Q3:  Handcuffing/detaining attacker

Q4:  NRA’s PPITH/PPOTH legal content

Segment 4: Special Offers (ends Sunday, Jan. 20)

50% SALE:  LOSD LEVEL 1 State-specific course: TX, VA, CO, UT, NH

50% SALE:  LOSD "Self-Defense Insurance Explained" Course

--Andrew

Attorney Andrew F. Branca
Law of Self Defense LLC

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COTW: Man Knocks Out Woman: Self-defense?

This week's Case of the Week involves a video that has been making the rounds of the internet the last day or two showing a large white man apparently knocking out a smaller young black woman with a single punch.  I've seen reports that the man has been arrested, and presume that he will attempt to justify his punch as a lawful use of defensive force.

If you haven’t seen this video yet, I’ve embedded it here:

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Andrew BrancaComment
THIS FRIDAY: Law of Self Defense Show

Hey folks, Attorney Andrew Branca here for Law of Self Defense, reminding you that the weekly Law of Self Defense Show airs this Friday at lawofselfdefense.com/blog.

This week’s show will address WA banning the NRA Carry Guard self-defense “insurance,” a case in which a man lost the legal defense of self-defense because of his lawful, but imprudent, conduct prior to the fight, and our usual Q&A segment, so email your questions to show@lawofselfdefense.com.

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Andrew BrancaComment
Australian vs. American Self-Defense Law

Law of Self Defense claims some modest degree of expertise in the self-defense law of the United States, but not of any other nation. 

Nevertheless, it’s always interesting to see the common roots of self-defense law shared by the US and the other jurisdictions that share common historical foundations—in particular, other former colonies of Britain. 

Naturally, all such nations’ laws tend to share a common heritage in old English common law, many hundreds of years old.

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Andrew BrancaComment
Narrative v. Facts, aka #FakeNews

Those of you who have been in my classes will recall that I strongly emphasize that anything you read about in the “news” about a use-of-force event must be presumed to be 100% wrong until proven otherwise. Sometimes the errors are simply honest mistakes, the result of simple ignorance, and sometimes the “errors” are a natural consequence of journalists propagandizing a desired narrative.

We have a great example of the latter in a recent article out of USA Today involving a woman convicted of murder attempting to escape liability for her crime by presenting herself as an innocent victim of evil men—a common theme in these cases is “woman as victim of sex trafficking.” (This form of narrative seems to be enjoying a particular popularity recently, as it was similarly propagated in the case of Cyntoia Brown.)

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Andrew BrancaComment
Law of Self Defense Show: Jan. 9, 2019

Welcome to the Law of Self Defense Show for January 9, 2019. I’m Attorney Andrew Branca for Law of Self Defense.

First, our disclaimer: This show is provided for general educational and entertainment purposes only, and does not constitute legal advice. If you are in need of legal advice you must retain competent legal counsel in the relevant jurisdiction.

Today’s show will address the legal privilege to defend against a reasonably perceived apparent threat even if that perception is mistaken, Indiana’s efforts to adopt self-defense immunity and how such immunity works in practice, a question about the recent instance of six armed citizens confronting a pair of nail gun thieves in Washington state, a second question about whether there is a legal duty to provide aid in the aftermath of a self-defense event, and finally our 50% off sale this week on our Law of Self Defense LEVEL 1 state-specific course for four selected states.

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COTW: The Risks of Being Judged By Strangers

This week’s “Case of the Week” involves some perhaps non-obvious risks and uncertainties you incur if you’re involved in a use-of-force event that you now have to legally justify, specifically the risk that the folks investigating and judging your conduct may themselves be profoundly flawed individuals.

Most of you will recall Michael Drejka, the Florida “handicap parking spot shooter”. Drejka shot and killed Markeis McGlockton after McGlockton shoved Drejka to the ground upon seeing Drejka chastising McGlockton’s girlfriend for unlawfully parking in a handicap parking spot.  

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Andrew BrancaComment
Slow Sunday: Blast From the Past

Not much self-defense in the news today, so I'll just share a photo of my first visit to the FBI Academy back in 2011. I've been back several times since, sometimes to visit, sometimes to teach, they even hauled out a Prohibition Era Thompson for me one time (yes, full auto!), and always have a great time.

I know plenty of people have plenty of concerns about a modern politicized FBI leadership, but I can tell you that all the individual agents I've ever dealt with have been world-class, and genuine patriots.

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Andrew BrancaComment
Transferred Intent: Also, "Awful but Lawful"

A terribly sad case out of Alabama touches upon one legal doctrine--the doctrine of transferred intent--and one legal aphorism--the 'awful but lawful' self-defense shooting. 

The case involves a shootout between two groups of men, in the course of which a bullet fired by one of three men on one side of the fight struck and killed a 2-year-old at the scene.  The three men were each charged with capital murder.

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Andrew Branca Comment
Q: "Believe All Women"? A: Women Lie, Too

We live in an era governed by mass-hysteria child-like tantrums based on patent falsehoods, one prominent example being the "believe all women" mantra that is part of the current #MeToo movement.

Naturally, any person with normal cognitive function and life experience will be well aware that lying is something that all humans are capable of, and women are no exception.

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Andrew BrancaComment
I'm Quoted in Monkey Dance News Piece

Also, yesterday I was quoted in a news article yesterday re: a Monkey Dance that ended in a shooting recently in Florida.

A fistfight between neighboring businesses leads to Charles Cook III punching a man, who in turn shot him. But no arrests were made.

That's not so unusual. What is unusual is this particular reporter spent a considerable time on the phone with me learning the difference between self-defense, stand-your-ground, and self-defense immunity, and I think you can see that reflected in her article.

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Andrew BrancaComment
One Punch, One Kill

I often caution that a bar-handed attack, absent substantial aggravating factors, is almost invariably going to be treated by the courts as a non-deadly force attack--one not likely to cause death or serious bodily injury--and thus as a consequence can generally only be defended against by non-deadly defensive means: meaning, not a gun.

Many folks who carry guns lawfully for personal protection aren't happy to hear this, as they don't want to have to wait to be punched perhaps to the point of no longer being able to defend themselves before they can resort to their primary defensive tool--usually a gun--to defend themselves.

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Andrew BrancaComment
Claim Self-Defense While Committing A Crime? Sure

I often run across the misconception that in order to claim self-defense it's a necessary condition that the defender be "white as the driven snow," and certainly not be engaged in any unlawful activity of his own at the time.

While being utterly innocent of any misconduct of any kind is certainly helpful in a general way in any kind of criminal defense, it's explicitly not a required condition of a claim of self-defense.

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Andrew BrancaComment
Will Arkansas Become the 37th Stand-Your-Ground State?

Although it’s often reported that only a minority of somewhat odd (usually “racist”) states can be described as stand-your-ground jurisdictions, in fact the large majority of states do not impose a legal duty to retreat on persons otherwise acting in lawful self-defense.

Several of these have transitioned from duty-to-retreat to stand-your-ground since the hubbub over stand-your-ground that inappropriately arose over the legal doctrine during the trial of George Zimmerman. No state in recent years has moved from stand-your-ground to duty-to-retreat.

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Andrew BrancaComment
Could Your Self-Defense Insurance Be Cancelled on You? Yep.

The insurance industry publication Business Insurance reports that Lloyd’s of London affiliates have settled with New York state insurance regulators over its partnering on NRA Carry Guard self-defense insurance.

In addition to paying $5 million, the insurers agreed to not issue insurance policies to cover liability from self-defense shootings. They also agreed to “not enter into any agreement or program with the NRA to underwrite or participate in any affinity-type insurance program involving any line of insurance covering persons or entities whose home state is New York.” In addition, they agreed to cancel existing policies.

Note that last sentence:

In addition, they agreed to cancel existing policies.

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Andrew Branca Comment
You Know Anti-Self-Defense Crowd Is Lying When They Generalize "Homicide"

As I’ve written about several times in the last few weeks, Ohio is considering adopting several badly changes to its self-defense laws. One of the provisions that had been under consideration, but had apparently been dropped in the mistaken hopes that doing so would induce Governor Kasich to sign the proposed self-defense changes, was stand-your-ground: relieving folks who otherwise lawfully defend themselves from also having a legal duty to retreat before they could use defensive force against an unlawful attack upon themselves or their families. Instead, Kasich (featured image) vetoed the bill anyway, and now OH is hoping their legislature can override that veto.

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