July 25, 2013

Interview With Law of Self Defense Author Andrew Branca
— andy

Yesterday evening I sat down with The Law of Self Defense author Andrew Branca to bullshit about guns and self-defense over a pint interview him about the second edition of his book, the Zimmerman trial, and related topics.


The following is a condensed version of the conversation:

HQ: It seems like your book is really taking off, but I notice it's the second edition. Was this something you updated for the Zimmerman trial, or was that just a coincidence?

AB: I put out the first version of the book about 15 years ago, but it was written in a way that wasn't very user-friendly unless you were an attorney. For example, I'd refer to the Castle Doctrine generally and depend on the reader to know that Castle Doctrine laws are particular to a jurisdiction and that the case in question may have relied on that jurisdiction's interpretations or precedents. So, about a year and a half ago, I began revising the book to make it more accessible for the layman.


HQ: I just started the book, and it seems like a lot of work went into the tables covering the laws in all 50 states. Having lived in several states, I find that to be one of the most helpful parts.

AB: Yes, a lot of work went into that, and it's one of the big updates in the second edition. It's really necessary, though, to make the book as useful as possible for everyone no matter where they live.


HQ: Shifting to the Zimmerman trial, your reporting on it at Legal Insurrection and Twitter was indispensable. What did you think of Zimmerman's chances for acquittal when you first noticed the case?

AB: You know, I really didn't pay much attention to the case until the trial was about to start and the pre-trial motions were being reported on. When the prosecution basically led off with trying to get experts in to testify about whose voice was on the 911 call, I thought, "wow, these guys have nothing". So I kept watching and they never did present much of a case ... certainly not enough to convict on, or really even charge, second degree murder.


HQ: One thing you stress in the book is that the best self-defense weapon a person has is his brain and that it's always important to think a few steps ahead tactically, especially if you're carrying a firearm. What'd you think of Zimmerman's tactical thinking?

AB: Well he certainly put himself in a bad position. If you go by his version of events and the best evidence at trial, he lost sight of a person who wound up jumping him and getting him pinned. That didn't have to happen, but once it did, you know, he's a survivor. And he survived his brush with the legal system too, which threw all it could at him.


HQ: There's a new case out of Houston where a woman shot a man who was harassing her and it's caught on camera. In the left's war on "stand your ground" it looks like she may be the next one they go after. Have you seen that video?

AB: Sure. I wrote a piece about it earlier today at Legal Insurrection and explained why I don't think it's going to be a stand-your-ground case. Of course additional facts could come out to change things, but what I see on tape looks like traditional self-defense. Her actions after the shooting - leaving the scene, not calling the police, etc. - don't go in her favor, but that's not dispositive either way.


HQ: We were discussing guns on Twitter over the weekend and are both fans of the 1911, and your bio's filled with a pretty extensive background in handgun shooting. Any tips or tricks you'd like to pass along to our readers.

AB: I grew up with long guns, and living in New York I never had much of an opportunity to fire handguns. Surprisingly, when I moved to Massachusetts I found it much easier to get a concealed carry permit. I started participating in IPSC and IDPA matches, but it really took me a while to get the hang of it. Everybody says "look at the front sight" and I was doing that - or thought so anyway - until one instructor, George Harris at the Sig Sauer Academy in NH, pointed out what seemed like a small mechanical issue with my follow-through that really made a huge difference. As far as tips go, I guess it would be just that having a good instructor can make a world of difference, especially for a new shooter so they don't ever even develop bad habits, and that if you're going to carry a concealed weapon, no matter what you carry you need to be as familiar with it as possible. You don't want to even need to think about how to take the safety off if your life's on the line, for example.


HQ: In your experience, what's the biggest misconception people have about concealed carry?

AB: I'd say the biggest misconception is that if you're carrying a gun you get to take shit from fewer people. The reality is exactly opposite. When you're carrying a gun you have to take shit from everybody. Except, of course, the guy actually trying to kill you. You can shoot him. That's the tradeoff. The gun gives you the practical means to end the life of anybody in your immediate vicinity. In exchange for that power it is your moral and legal responsibility to conduct yourself in such a way as to make that outcome as unlikely as possible. The last thing you want to do if you're carrying is to be the one who even inadvertently escalates a non-deadly encounter to a deadly one. Confronting the drunk loudmouth who's making a scene at the table next to you in a restaurant, for example, may be seen as a potentially very bad idea if you think a few steps down the line. Best to just let it go, and just go, leave. One of my primary tactical rules of self-defense is to vacate the area at the first sign of a red flag. Let the bad stuff go down while you're safely somewhere else


HQ: Thanks for your time. Other than "buy the book!" is there anything else you'd like me to pass along to our readers?

AB: Well, first, thanks to the HQ for mentioning it and don't forget the discount offer. But also, I've been doing seminars too, and if your readers' gun clubs or whatever are interested in hosting a seminar, they can contact me at seminar@lawofselfdefense.com for details on making that work.

###

I'm in the middle of the book now, and it's excellent. If you carry a concealed firearm (or are thinking of doing so), you should get a copy and think of it as the owner's manual for your concealed carry permit.

Posted by: andy at 12:56 PM | Comments (135)
Post contains 1205 words, total size 8 kb.

1 Good interview. Andrew Branca's Legal Insurrection posts were a must read for me during the Zimmerman trial.

Posted by: Insomniac at July 25, 2013 01:01 PM (NEIxp)

2 Hey, look at that. First!

Posted by: Insomniac at July 25, 2013 01:01 PM (NEIxp)

3 I've had a L'Obamatomy since 2008 and don't know what this thread is about. Also: Ju$tice for Trayvon.

Posted by: Low Information Type Who Watches Too Much TV [/i] at July 25, 2013 01:01 PM (U2UQk)

4 AB: I'd say the biggest misconception is that if you're carrying a gun you get to take shit from fewer people. The reality is exactly opposite. When you're carrying a gun you have to take shit from everybody. Except, of course, the guy actually trying to kill you. You can shoot him. That's the tradeoff. The gun gives you the practical means to end the life of anybody in your immediate vicinity. In exchange for that power it is your moral and legal responsibility to conduct yourself in such a way as to make that outcome as unlikely as possible. WINNER WINNER CHICKEN DINNER!!!

Posted by: rickb223 at July 25, 2013 01:02 PM (3ms7d)

5 I picked up this book during the trial and it is awesome. You aren't carrying responsibly if you haven't absorbed this book. Situations I would have considered cut and dry aren't, and it was quite an eye-opener to realize that my reading of a scenario would have put me in jail.  Worth every penny.

Posted by: Todd W at July 25, 2013 01:03 PM (9mWut)

6 All you need is a  shotgun.

Posted by: Joe Biden at July 25, 2013 01:03 PM (GdDnS)

7 I see no opportunity for easy, cheap jokes from this interview.  I therefore deem it PASSED.

Posted by: pep at July 25, 2013 01:04 PM (6TB1Z)

8 Oh I don't know. I keep my .357 in a holster strapped to my cock.

Posted by: Dack Thrombosis at July 25, 2013 01:04 PM (V1ZIU)

9 Andrew is the man!! Met him a long time ago in Virginia

Posted by: Navycopjoe at July 25, 2013 01:04 PM (8sFfo)

10 Andy's reviewing movies now?

Posted by: © Sponge at July 25, 2013 01:04 PM (xmcEQ)

11 What time is the chicken dinner?

Posted by: ALH at July 25, 2013 01:04 PM (1KE8z)

12 25% is dumber than that

And a bottle of Elmer's.

Posted by: Joe Biden 2 at July 25, 2013 01:04 PM (6TB1Z)

13 LOSD is racist, straight up.

Posted by: FSA at July 25, 2013 01:05 PM (2hpna)

14 Confronting the drunk loudmouth who's making a scene at the table next to you in a restaurant, for example, may be seen as a potentially very bad idea if you think a few steps down the line. Best to just let it go, and just go, leave.



It would be a damned bad idea here since you can not carry in a restaurant here. (And that is because the restaurants are all the liquor bars.

Posted by: Vic at July 25, 2013 01:05 PM (lZvxr)

15

Dack - so do I, but it's hard to find it (the 357, that is).

 

Posted by: Dick Cheney's Warcock at July 25, 2013 01:06 PM (ceOhI)

16 Okay, that didn't work at all.  Although, now that I look at it, it might just work.  It was supposed to be:



Okay, now wtf?  The original comment has disappeared.  Either that, or I started drinking to quickly after getting home.


Posted by: Joe Biden 2 at July 25, 2013 01:06 PM (6TB1Z)

17 He is dead on about CCW.  It means you have a great responsibility so don't be a Weiner because of it.

Posted by: Anna Puma (+SmuD) at July 25, 2013 01:06 PM (WRnYo)

18 There it is.  #6. 

Never mind.

Posted by: pep at July 25, 2013 01:07 PM (6TB1Z)

19 Barack Obama is a stuttering clusterf*ck of a malignant traitor.

Posted by: AllenG (Dedicated Tenther) MFM Delenda Est at July 25, 2013 01:08 PM (/PCJa)

20 When you're carrying a gun you have to take shit from everybody. Except, of course, the guy actually trying to kill you. You can shoot him.


*golf clap*

Posted by: Cicero (@cicero) at July 25, 2013 01:08 PM (8ZskC)

21 Burn it down. Scatter the stones. Salt the earth where it stood.

Posted by: AllenG (Dedicated Tenther) MFM Delenda Est at July 25, 2013 01:08 PM (/PCJa)

22 The interview is all well and good but ace... did you look into his heart of hearts to see how he really felt about the trial?

Posted by: Dee Dee at July 25, 2013 01:08 PM (fWAjv)

23

It's possible that the juror thought that while Zimmerman was legally innocent, he was morally culpable.  But that would take an ability to think and a level of integrity that's beyond most jurors. 

Posted by: RightWingProf at July 25, 2013 01:08 PM (ceOhI)

24 I ordered the book on Sunday.

Posted by: BeckoningChasm at July 25, 2013 01:09 PM (xjpRj)

25 I need to get this book. And a handgun.

Posted by: CDR M at July 25, 2013 01:09 PM (dKV5k)

26 WINNER WINNER CHICKEN DINNER!!! Posted by: rickb223 at July 25, 2013 05:02 PM (3ms7d) Amen.

Posted by: Dee Dee at July 25, 2013 01:09 PM (fWAjv)

27 The most important piece of advice is missing though If you are involved in a shooting immediately lawyer up

Posted by: Navycopjoe at July 25, 2013 01:09 PM (XruKb)

28 What kind of interview is this?  He didn't even mention the proven non-lethal defense options like "pee yourself" or "vomit on your attacker."

Posted by: Cicero (@cicero) at July 25, 2013 01:10 PM (8ZskC)

29 Damn Genyus sock off

Posted by: RWC at July 25, 2013 01:10 PM (fWAjv)

30 Yeah, I need a copy of this book. I also need to get off my @$$ and get legal insurance for my handgun. My "Be Prepared" meter is pegging because I haven't taken care of that.

Posted by: AllenG (Dedicated Tenther) MFM Delenda Est at July 25, 2013 01:10 PM (/PCJa)

31 Yeah, LI and Branca did excellent summaries of daily proceedings. Thank the Lord we had that instead of having to suffer through the likes of Nancy Grace.

Posted by: AnonymousDrivel at July 25, 2013 01:10 PM (eHIJJ)

32 If you are involved in a shooting immediately lawyer up Posted by: Navycopjoe at July 25, 2013 05:09 PM (XruKb) I would say that about ANYTHING involving the police.

Posted by: CDR M at July 25, 2013 01:10 PM (dKV5k)

33 32. Yep The police is NOT your friend In my case it's because I hate all of you

Posted by: Navycopjoe at July 25, 2013 01:12 PM (XruKb)

34 At the first sign of trouble, go somewhere else.
I take it a bit further, don't go to places where there might be trouble.

The concealed handgun is a tool of last resort, you really don't want to be in circumstances where you have to resort to the use of the weapon, 'cuz there are no guarantees.

Posted by: Mental Block at July 25, 2013 01:12 PM (fzsVI)

35 It's possible that the juror thought that while Zimmerman was legally innocent, he was morally culpable. But that would take an ability to think and a level of integrity that's beyondmost jurors.

Agree.  Such distinctions are above their pay grade.  In any case, if they thought that, they were wrong.

Posted by: pep at July 25, 2013 01:12 PM (6TB1Z)

36

"It's possible that the juror thought that while Zimmerman was legally innocent, he was morally culpable. But that would take an ability to think and a level of integrity that's beyondmost jurors."

 

Possibly.  But in Juror B-29's case it's pure self-serving bull$hit.

Posted by: Jaws at July 25, 2013 01:13 PM (4I3Uo)

37 33. Oh, except for sailors We rock!!

Posted by: Navycopjoe at July 25, 2013 01:13 PM (XruKb)

38 In my case it's because I hate all of you

I can feel the love.

Posted by: pep at July 25, 2013 01:13 PM (6TB1Z)

39 Said Anthony Weiner

Posted by: pep at July 25, 2013 01:13 PM (6TB1Z)

40 The only encounters I have ever had with the police were over minor traffic violations and a couple of fender benders. I guess it's true, every man who ever left me told me that I was boring and predictable.

Posted by: ALH at July 25, 2013 01:14 PM (1KE8z)

41 If you are involved in a shooting immediately lawyer up Posted by: Navycopjoe at July 25, 2013 05:09 PM (XruKb) Yep. The guys with Texas Law Shield (a group doing what amounts to Legal Insurance for self-defense/2nd A issues) say that if you are ever involved in a self defense situation (that is: you shot somebody): 1) Ensure the situation around you is as resolved as you can make it. 2) Call 9-11 and tell them that you have been the victim of a crime. Then hang up. 3) Call your lawyer. If your lawyer does not arrive before the police, do not talk to the police (beyond identification and other basics they can demand of anyone) until your lawyer arrives. "I assert my right not to speak, and will not consent to an interview without benefit of my counsel."

Posted by: AllenG (Dedicated Tenther) MFM Delenda Est at July 25, 2013 01:14 PM (/PCJa)

42 What kind of interview is this? He didn't even mention the proven non-lethal defense options like "pee yourself" or "vomit on your attacker." Posted by: Cicero (@cicero) at July 25, 2013 05:10 PM (8ZskC) Not to mention leaving out the strategic uses of a pen. That being said, his twitter comments during the trial and the daily recaps were invaluable. Not to mention containing Horde level snark.

Posted by: alexthechick - Commence drinking now. at July 25, 2013 01:14 PM (VtjlW)

43 "It's possible that the juror thought that while Zimmerman was legally innocent, he was morally culpable. But that would take an ability to think and a level of integrity that's beyondmost jurors." I would suggest that protecting one's life from an attacker is a moral act.

Posted by: Insomniac at July 25, 2013 01:14 PM (NEIxp)

44 Never ever dump the body near where you live, work, or anything.

Posted by: soothie at July 25, 2013 01:15 PM (ZCAlb)

45

>>> Oh, except for sailors

 

 

We know you like the sailors.  You are from Boystown, after all.

Posted by: garrett at July 25, 2013 01:15 PM (GdDnS)

46 Good interview.  Sam Harris's piece linked at the HQ a couple of years ago made similar points.  Good to read both back-to-back (I need to find the link to Harris; it was on his blog).

Most practical thing for self-defense I do?  Just drink at home [sips vodka and coke].

Posted by: logprof at July 25, 2013 01:15 PM (3VBXw)

47 Anthony Weiner is incapable of love. He's never felt it. He only knows what makes his cock spit. Emotion never ties into it. He's a psychiatrists dream. He's nothing but a case study for the mental analysts. Him and that mayor in San Diego. They're the same guy with a different action level.

Posted by: © Sponge at July 25, 2013 01:15 PM (xmcEQ)

48 NavyCopJoe -- Hey, how about Marines and former Marines?

Posted by: Empire1 at July 25, 2013 01:16 PM (m0VHB)

49 OMG! Anyone watching The Five? Beckel said, "Let me give you some advice guys....if your wife or girlfriend catches you talking, texting or being with another woman, tell her her eyes must be bad. Deny, Deny, Deny'. And either Eric Bolling or Greg Gutfeld said, "Unless you write a check for it." Hahaha!

Posted by: Tami[/i][/b][/u][/s] at July 25, 2013 01:16 PM (X6akg)

50 It always amazed me when I played navypopo everyone talked EVERYONE

Posted by: Navycopjoe at July 25, 2013 01:16 PM (XruKb)

51 If you are involved in a shooting immediately lawyer up
Posted by: Navycopjoe at July 25, 2013 05:09 PM (XruKb)




Does this go for AmishDude too?  Because I'm sensing the potential for a disturbance in the Force.

Posted by: Cicero (@cicero) at July 25, 2013 01:16 PM (8ZskC)

52 its possible the juror was terrified of being killed by her own community for being a race traitor

Posted by: thunderb at July 25, 2013 01:16 PM (zOTsN)

53 What is really unsettling is the 'law of self defense' is different from place to place.
There is no one 'law', there are many, and the meaning of the words change depending on how skilled the lawyer is.

Posted by: Mental Block at July 25, 2013 01:17 PM (fzsVI)

54 Everybody shut up now. Navycopjoe just walked in.

Posted by: AnonymousDrivel at July 25, 2013 01:17 PM (eHIJJ)

55 Another tip: Three men can keep a secret...when two of them are dead. *that's an old Hell's Angel commandment

Posted by: soothie at July 25, 2013 01:18 PM (LL42r)

56 45. I knew that was Garrett bait 48. It's a TRAP!!!

Posted by: Navycopjoe at July 25, 2013 01:18 PM (XruKb)

57 its possible the juror was terrified of being killed by her own community for being a race traitor

So her strategy is to go on national TV?

Posted by: pep at July 25, 2013 01:18 PM (6TB1Z)

58
Beckel said, "Let me give you some advice guys....if your wife or girlfriend catches you talking, texting or being with another woman, tell her her eyes must be bad. Deny, Deny, Deny'.

***

There are no lies, only helpful or unhelpful statements.

Posted by: WalrusResx at July 25, 2013 01:19 PM (XUKZU)

59 One of my primary tactical rules of self-defense is to vacate the area at the first sign of a red flag. Let the bad stuff go down while you're safely somewhere else

Actually this is the KEY rule for personal safety. If you sense something bad is brewing, just leave.

Of course this is much easier when it's just you. The few times that I've been caught up in ugly situations were when friends just wouldn't leave or family members were simply unable to get out.

Posted by: Mætenloch at July 25, 2013 01:19 PM (pAlYe)

60 51. Wow I guess he's just screwed

Posted by: Navycopjoe at July 25, 2013 01:19 PM (XruKb)

61 45. I knew that was Garrett bait

Posted by: Navycopjoe at July 25, 2013 05:18 PM (XruKb)

 

 

Admit it, it wasn't just the Sailor...

You liked ALL the Village People.

Posted by: garrett at July 25, 2013 01:19 PM (GdDnS)

62 If Mr. Branca is still around, I have a question.  Anyone else, feel free to answer too. 

In the Gas Station shooting, the woman snapped a picture.  I don't know her motivation, that's not the question.  Some people thought it showed some sort of callous indifference, or maybe a mindset of trophy-taking. 

Question: Is it wise to do your own documentation?  Obviously anything you document will be subject to subpoena.  Given that the prosecution in the Zimmerman trial tried to hide evidence like Zimmerman's physical injury photographs.  They released poor Xerox copies that made the injuries hard to discern.  Should you document things like the attacker's weapon, the scene in general, your own injuries, light levels, crowd presence, etc?

Posted by: bonhomme at July 25, 2013 01:20 PM (4QSOR)

63 "its possible the juror was terrified of being killed by her own community for being a race traitor"

Only exacerbated by her decision to go on TV.

Posted by: navybrat at July 25, 2013 01:20 PM (21vy/)

64

sure

I am sure her circle already knew she was on the jury.  Isn't she the one with 8 kids?  someone had to take care of them when she was sequestered.  The people she is afraid of are the ones who already knew who she was.

 

I wasn't my fault, its the damn white man's laws!

Posted by: thunderb at July 25, 2013 01:20 PM (zOTsN)

65 Correct after-shooting etiquette is also important.  Tying the corpse to the back of your car and driving around yelling "I am Achilles!" is probably bad judgment.

Posted by: Cicero (@cicero) at July 25, 2013 01:20 PM (8ZskC)

66 You know. Police related shootings would be a lot less if they would just assess the situation, then leave to avoid any unnecessary confrontation.

Posted by: © Sponge at July 25, 2013 01:21 PM (xmcEQ)

67 65 Correct after-shooting etiquette is also important. Tying the corpse to the back of your car and driving around yelling "I am Achilles!" is probably bad judgment. Posted by: Cicero (@cicero) at July 25, 2013 05:20 PM (8ZskC) So, no victory lap or spiking the ball. Got it.

Posted by: Insomniac at July 25, 2013 01:21 PM (NEIxp)

68 people always talk.  They talk to somebody.  Generally people cannot shut up. 

Posted by: thunderb at July 25, 2013 01:21 PM (zOTsN)

69

When you're carrying a gun you have to take shit from everybody. Except, of course, the guy actually trying to kill you. You can shoot him.

---------------------

 

This reminds me of that  John Candy movie "Armed and Dangerous", where the crackhead in the security guard class is asking about when it's appropriate to use deadly force.

 

Crackhead:  "Let's say somebody lyin' to you, and you KNOW he lyin' - can you shoot him?"

 

Instructor:  "That depends.  Use your best judgment."

 

Crackhead: ***writing it down***  "Thank you very much for that.  That's very helpful!"

Posted by: Empire of Jeff at July 25, 2013 01:22 PM (CJjw5)

70

>>>  Correct after-shooting etiquette is also important.

 

 

This goes double for Hobos.  You have to gut them quick or they'll spoil. 

Posted by: garrett at July 25, 2013 01:22 PM (GdDnS)

71 Number 1 tip: Always always kill/hit them before they kill/hit you.

Posted by: soothie at July 25, 2013 01:22 PM (ZCAlb)

72 65. I also hear that tea bagging the corpse and putting it on YouTube is a no no

Posted by: Navycopjoe at July 25, 2013 01:22 PM (XruKb)

73
What time is the chicken dinner?

And where the hell is that pic of Palin and Haley together we were promised earlier this morning?

Posted by: Sticky Wicket at July 25, 2013 01:23 PM (qoQi/)

74 71 Number 1 tip: Always always kill/hit them before they kill/hit you. Posted by: soothie at July 25, 2013 05:22 PM (ZCAlb) If someone tries to kill you, you kill them right back!

Posted by: Captain Reynolds at July 25, 2013 01:23 PM (NEIxp)

75 thunderb: "people always talk. They talk to somebody. Generally people cannot shut up."

And this is where being an introvert pays off.

Posted by: AnonymousDrivel at July 25, 2013 01:23 PM (eHIJJ)

76 This reminds me of that John Candy movie "Armed and Dangerous", where the crackhead in the security guard class is asking about when it's appropriate to use deadly force. Crackhead: "Let's say somebody lyin' to you, and you KNOW he lyin' - can you shoot him?" Instructor: "That depends. Use your best judgment." Crackhead: ***writing it down*** "Thank you very much for that. That's very helpful!" Posted by: Empire of Jeff at July 25, 2013 05:22 PM (CJjw5) And THAT'S why this place is award winning.

Posted by: © Sponge at July 25, 2013 01:23 PM (xmcEQ)

77 http://www.samharris.org/blog/category/self-defense

--Ah, found it.  It's the post entitled "The Truth About Vioolence, but it looks like since there's a whole section of his blog dedicated to self-defense, I'll give the other ones a read as well.

Posted by: logprof at July 25, 2013 01:24 PM (3VBXw)

78 Was Andrew wearing pants?

Posted by: Big Tony at July 25, 2013 01:24 PM (ECoxZ)

79

One question to ask  yourself immediately after  shooting someone is:  have I defended my self FULLY?   Does my attacker have a pulse?

 

Remember:  There are two sides to every story, unless only one of you is  still alive.

Posted by: Empire of Jeff at July 25, 2013 01:24 PM (CJjw5)

80 I also hear that tea bagging the corpse and putting it on YouTube is a no no Posted by: Navycopjoe at July 25, 2013 05:22 PM (XruKb) Pissing on the corpse and filming that never turns out well, either.

Posted by: © Sponge at July 25, 2013 01:24 PM (xmcEQ)

81 73 what??? Were they on a trampoline?

Posted by: Navycopjoe at July 25, 2013 01:25 PM (XruKb)

82

its possible the juror was terrified of being killed by her own community for being a race traitor

"Possible?  I can see no other explanation.  The monetary benefit of ingratiating herself with the bloodthirsty mob, The Left,  and  the MSM (BIRM) is just gravy.

Posted by: Jaws at July 25, 2013 01:25 PM (4I3Uo)

83 bad guys don't want to be caught.  They have poor impulse control, and that extends to talking.  They tell somebody eventually.  In fact that GZ was cooperative, and didn't brag, shows his intent.  If he had profiled the guy, he would be bragging about it to someone somewhere

Posted by: thunderb at July 25, 2013 01:25 PM (zOTsN)

84 The law keeps getting more and more complex. And that sort of thing doesn't really benefit freedom. Or anyone or anything other than lawyers.

Posted by: Mirror-Universe Mitt Romney at July 25, 2013 01:26 PM (nAegq)

85 I still like his line that the number of permissible times a Trayvon Martin can slam his kid's head down on concrete is zero.

Posted by: Big Tony at July 25, 2013 01:26 PM (ECoxZ)

86 >> In the Gas Station shooting, the woman snapped a picture. I don't know her motivation, that's not the question. Some people thought it showed some sort of callous indifference, or maybe a mindset of trophy-taking. He addresses that a little bit in the linked Legal Insurrection post, but I'll shoot him a link to your question on Twitter.

Posted by: Andy at July 25, 2013 01:27 PM (GVcqR)

87 Before you shoot somebody in self-defense, ask yourself, "Do I feel lucky today?"

Posted by: Harry Callahan at July 25, 2013 01:28 PM (pginn)

88 Another great tip: Always keep a steak knife in the car and at the house -- not one from home, dummies. Why? I'll let you figure it out.

Posted by: soothie at July 25, 2013 01:28 PM (hNqVf)

89 LOSD?

Where do I get some?

Posted by: Timothy Leary at July 25, 2013 01:29 PM (2hpna)

90 Waiting for my book as I write, ordered it Sunday.

Posted by: lindafell at July 25, 2013 01:29 PM (PGO8C)

91 I thought she took the picture because there was a weapon near his body and she thought the other goons would steal it.

Posted by: Big Tony at July 25, 2013 01:29 PM (ECoxZ)

92 Good work Andy! I hope you didn't mention ewoks and valu rite in the interview.

Posted by: Billy Bob, pseudo intellectal at July 25, 2013 01:30 PM (wR+pz)

93 I like the Law of Armed Conflict better. Instead of just shooting, we get to cut out their living guts and use them to grease the treads of our tanks.

Posted by: Zombie George Patton at July 25, 2013 01:30 PM (pginn)

94 Why? I'll let you figure it out. Posted by: soothie at July 25, 2013 05:28 PM (hNqVf) Methinks you have skeletons in the closet.......

Posted by: © Sponge at July 25, 2013 01:31 PM (xmcEQ)

95 I always take pictures of the people I shoot.  It's just how I was raised.

Posted by: garrett at July 25, 2013 01:32 PM (GdDnS)

96 sounds like the OJ thing.  Bring s knife, not from your home, dispose of it at an airport, walk free

Posted by: thunderb at July 25, 2013 01:32 PM (zOTsN)

97

"The law keeps getting more and more complex. And that sort of thing doesn't really benefit freedom. Or anyone or anything other than lawyers."

 

Troof.

 

Mr. Branca excepted, of course.  Certain Morons too.

Posted by: Jaws at July 25, 2013 01:32 PM (4I3Uo)

98 "AB: I'd say the biggest misconception is that if you're carrying a gun you get to take shit from fewer people. The reality is exactly opposite. When you're carrying a gun you have to take shit from everybody. Except, of course, the guy actually trying to kill you. You can shoot him. That's the tradeoff. The gun gives you the practical means to end the life of anybody in your immediate vicinity. In exchange for that power it is your moral and legal responsibility to conduct yourself in such a way as to make that outcome as unlikely as possible. The last thing you want to do if you're carrying is to be the one who even inadvertently escalates a non-deadly encounter to a deadly one. Confronting the drunk loudmouth who's making a scene at the table next to you in a restaurant, for example, may be seen as a potentially very bad idea if you think a few steps down the line. Best to just let it go, and just go, leave. One of my primary tactical rules of self-defense is to vacate the area at the first sign of a red flag. Let the bad stuff go down while you're safely somewhere else"

This wins the Internet for the week, possibly the month, maybe the year.

Posted by: Obnoxious A-hole at July 25, 2013 01:32 PM (31Nrp)

99 In the Gas Station shooting, the woman snapped a picture. I don't know her motivation, that's not the question. Some people thought it showed some sort of callous indifference, or maybe a mindset of trophy-taking. Question: Is it wise to do your own documentation? When you have to un-ass the AO due to the room temp's homies still being there, it's nice to have proof that he had a weapon. Because if you don't take it, they will.

Posted by: rickb223 at July 25, 2013 01:32 PM (2WZ7x)

100 Methinks you have skeletons in the closet.......

Posted by: © Sponge at July 25, 2013 05:31 PM (xmcEQ)


But we are coming out!

Posted by: Fabulous Zombies at July 25, 2013 01:32 PM (2hpna)

101 It's also interesting that the State disincentivizes and penalizes self defense (in all sorts of ways), maximizing people's dependence upon ... the State.

Posted by: Mirror-Universe Mitt Romney at July 25, 2013 01:32 PM (nAegq)

102
I saw no oceans or skies of tomorrow here, only bullets and pellets of today.

This makes no sense in terms of the hurricanes and tornadoes of yesterday.


(Also 'Bullets of Tomorrow", trademark...trademark...trademark....copywrite.  That means you word thieves of the interwebs.)

Posted by: Guy Mohawk at July 25, 2013 01:33 PM (4+FWp)

103 Sydney Leathers is a bit of a butterface: http://goo.gl/1hBGkN

Posted by: Big Tony at July 25, 2013 01:33 PM (ECoxZ)

104 I've told this story before, but an interesting example of how self defense laws can be counter-intuitive.

True story (to the best of my memory), from the first CCW course I took:

Abusive husband had a history of beating his wife- including multiple hospitalizations.

Eventually she leaves him, seeking refuge at the house of a relative.  He tracked her down and beat her severely, resulting in a punctured lung and six week hospital stay.

The usual abusive marriage scenario plays out ("I'm sorry, I'll change", etc) and she goes back to live with him.

One day she serves him dinner, with he becoming angry about the meal she cooked.  He says something along the lines of "I'm tired of the same crap you serve me, and I'm tired of you.  I'm going to eat this crap, then I'm going to kill you."

She retreated to the bedroom where she retrieved his gun, walked up behind him and shot the fucker in the back of the head as he ate.  Then she shot him again just to be sure.

Verdict?  Not guilty by reason of self defense.

1.  She had a reasonable fear of death or great bodily harm.  He threatened her, and had caused such harm in the past.

2.  She had no reasonable ability to retreat- she tried that once before and it nearly got her killed.

3.  She didn't initiate the confrontation.

Disclaimer:  I don't recommend executing someone while they eat in the expectation you'll be acquitted.

Posted by: Hollowpoint at July 25, 2013 01:33 PM (SY2Kh)

105 From Harris's FAQ post:

Although I might find a few useful things to say to such readers, let me concede that the bar is probably set too high. Thinking about violence is not everyoneÂ’s cup of tea. Again, I do not consider ignoring the whole business to be necessarily irrational (depending on where one lives, oneÂ’s degree of responsibility for the security of others, etc.) It is irrational, however, to imagine that such insouciance can pass for an informed opinion on how best to respond to violence in the event that it occurs. I have now heard from many people who have never held a gun in their lives, and are proud to say that they never would, but who appear entirely confident in declaiming upon the limitations of firearms as defensive weapons. Before proceeding, perhaps there is general rule of cognition we might all agree on: It would be surprising, indeed, if avoiding a topic as a matter of principle were the best way to understand it.


--Emphasis mine.  Welcome to the mind of the LIV, Mr. Harris.

Posted by: logprof at July 25, 2013 01:33 PM (3VBXw)

106

You  mean having a CHL  means  I can't turn off the lights by shooting them out like Homer Simpson? 

 

 

Posted by: polynikes at July 25, 2013 01:33 PM (m2CN7)

107 It's possible that the juror thought that while Zimmerman was legally
innocent, he was morally culpable. But that would take an ability to
think and a level of integrity that's beyondmost jurors.

***

Well, since  would rather bullshit than work, I'll tell you about an incident I was once asked to charge where I felt the suspect was morally culpable but legally not guilty.  The suspect was a guy who had been involved in a relationship with a girl.  He was getting sick of her and was planning on dumping her.  They had a fight and then had make up sex.  As he approached orgasm, he pulled out and and nutted on her face.  The guy was, and no doubt is, a pig but I don't want to get into a situation where there was consent to this but not that except in the most unusual circumstances.

A similar case I was asked to charge calls to mind the meme 1) Do something pointless, 2) ????  3) Profit!

These two had been a couple for some time, had broken up, and were kind a getting back together.  They had good old fashioned missionary sex the way God intended but then the guy tried some other position (I don't remember which but it was nothing  bizarre) that the girl did not like so he stopped and went back to missionary.  This all happened in a single episode of sex.  This is where the ??? comes in.  Within the next few weeks he must have been seen dating another girl or maybe he called her a fat cow, I don't know, but something happened.  She then wanted me to charge him with sex assault for the few seconds unpleasant sex sandwiched between the consensual rutting.

Posted by: WalrusResx at July 25, 2013 01:33 PM (XUKZU)

108 thunderb, that's not why think harder!

Posted by: soothie at July 25, 2013 01:33 PM (ZCAlb)

109 I thought she took the picture because there was a weapon near his body and she thought the other goons would steal it.

I think so too, but my question is "Is it smart to do your own documentation."

Anything you do can be used against you.  All of your documentation will be handed to the prosecution.  However, if the Prosecution tries to get cute by doing things like the Zimmerman prosecution did, like release bad Xeroxes of Z's injuries, the Defense will have the good copy.  Is the tradeoff worth it?  Does it look bad? 

Posted by: bonhomme at July 25, 2013 01:34 PM (A0glY)

Posted by: soothie at July 25, 2013 01:35 PM (hNqVf)

111

weird thing pictures

 

some people take pictures of people in their coffins.  I don't get it, but I have seen it

 

I think the impulse to record everything on your phone to post it later to instagram or snap chat or facebook is part of the culture of the young.  From their food, to clothes they like, to selfies, to weird things they see.  Who knows?  Part of the narcissism of the age.  She could've taken the snap as a trophie, or not.  Seems like everyone these days records the oddest things.  Ask Weiner

Posted by: thunderb at July 25, 2013 01:35 PM (zOTsN)

112 Disclaimer: I don't recommend executing someone while they eat in the expectation you'll be acquitted.

What if they talk with their mouth full?

Posted by: Guy Mohawk at July 25, 2013 01:36 PM (4+FWp)

113

"Disclaimer: I don't recommend executing someone while they eat in the expectation you'll be acquitted. "

 

Right.  Wait until he finishes dinner, ferchrissake.  Manners, people!

Posted by: Jaws at July 25, 2013 01:37 PM (4I3Uo)

114 What if the loud drunk slaps the woman at his table?  Do you walk away? 

Posted by: polynikes at July 25, 2013 01:38 PM (m2CN7)

115 What if they talk with their mouth full?

Posted by: Guy Mohawk at July 25, 2013 05:36 PM (4+FWp)


Of me?

Posted by: Six inch barrel at July 25, 2013 01:38 PM (2hpna)

116 New thread.

Posted by: Mirror-Universe Mitt Romney at July 25, 2013 01:38 PM (nAegq)

117 Gary Gnew! (nood)

Posted by: soothie at July 25, 2013 01:38 PM (3Aqe5)

118
If your lawyer does not arrive before the police, do not talk to the police (beyond identification and other basics they can demand of anyone) until your lawyer arrives. "I assert my right not to speak, and will not consent to an interview without benefit of my counsel."


I've seen advice like this before. Also, expect to be arrested, regardless of what state law says. Do not place your weapon on the ground, hood of a car, or hand it to another person. Safe it, and keep it on your person, (though not in your hand, obviously), until the police arrive, and take custody of it.

Posted by: Sticky Wicket at July 25, 2013 01:38 PM (qoQi/)

119 That Anthony Weiner is sure fixated on one body part of his, isn't he?

Posted by: The Almighty Bungholio at July 25, 2013 01:38 PM (3VBXw)

120 Where I worked, if the other guy started it, you had the right to finish it. The jury always acquitted. I remember one case where an old black man stabbed some punk coming out of his apt. burglarizing it. He chased him and stabbed him in the back but lived. The DA charged the old man with attempt MS but the jury acquitted. That might have been more about the old man being burglarized so many times in the past.

Posted by: Big Tony at July 25, 2013 01:39 PM (ECoxZ)

121 weird thing pictures

some people take pictures of people in their coffins. I don't get it, but I have seen it


Even weirder:  people who took pictures of the dead in lifelike poses.  Even going so far as to paint eyes on their eyelids. 

I understand why, people at the time rarely took pictures due to expense.  If someone you loved died, you wanted a picture of them for remembrance.  Still, very weird. 

Posted by: bonhomme at July 25, 2013 01:40 PM (A0glY)

122 Seems to me if there are people around you have the witnesses you need.  If nobody is around.. pick up the casings and go home.

Posted by: Big Ben at July 25, 2013 01:41 PM (I5Htn)

123 Ju

Posted by: Billy Bob, pseudo intellectal at July 25, 2013 01:42 PM (wR+pz)

124 Pixy is now saying thugs is spam?

Posted by: Billy Bob, pseudo intellectal at July 25, 2013 01:42 PM (wR+pz)

125 "Disclaimer: I don't recommend executing someone while they eat in the expectation you'll be acquitted.

Posted by: Hollowpoint at July 25, 2013 05:33 PM (SY2Kh)"



It worked for me.

Posted by: Ava Crowder at July 25, 2013 01:42 PM (31Nrp)

126 Hollowpoint@104,

As presented I wouldn't have convicted her. Not all that counterintuitive given the preponderance of the evidence wherein past events are included. So often, however, the past is forbidden from consideration which I find troubling. Facts are facts and juries should be permitted to weigh all evidence unless it is patently unrelated. (Like, what was the name of everyone's pets or what was the color of Gen. Grant's white horse?)

I think it would be interesting to interview the Zimmerman jurors and provide them with that evidence which was excluded from the trial. Then ask them to see if their opinions stayed the same or became even more entrenched.

Posted by: AnonymousDrivel at July 25, 2013 01:45 PM (eHIJJ)

127 Andy, good take. Carrying gives you the confiendence, but also the responsbilty. I use to carry, illegally in NYC. I figured I woundn't shot someone unless l really was threaten. Took a punch from a brox guy one night. Told him that he better leave or i would kill him. He left.

Posted by: Billy Bob, pseudo intellectal at July 25, 2013 01:47 PM (wR+pz)

128 AOSHQ: Come for the boobeh pics and stay for original thought and reporting our media betters aren't capable of doing.

Posted by: Michael the Hobbit, but you can call me Michael at July 25, 2013 01:52 PM (vVMIQ)

129 As presented I wouldn't have convicted her. Not all that counterintuitive given the preponderance of the evidence wherein past events are included.

Right, but one could easily counter that she could've gone to the police, that she was no longer in danger because she was armed, and that shooting an unarmed person in the back of the head can never be justified as self defense.  Note this was in MN where there was no Castle Doctrine / SYG law, and imposed a duty to retreat.

I don't think I'd have voted to convict her either, citing the unwritten "the fucker had it coming" clause.

Posted by: Hollowpoint at July 25, 2013 01:53 PM (SY2Kh)

130 "114 What if the loud drunk slaps the woman at his table? Do you walk away?

Posted by: polynikes at July 25, 2013 05:38 PM (m2CN7)"



Unless you think what happened to George Zimmerman looks like a lot of fun and you are willing to go through it yourself over what may well be normal behavior for that couple if things go sideways.  Or there is the possibility that you might go to prison for shooting her when she comes at you with a steak knife defending her boyfriend.  Or maybe you won't see her and she will stab you in the kidney and you will bleed to death. 



Look up the story of why B.B.King named his guitar "Lucille".

Posted by: Obnoxious A-hole at July 25, 2013 01:56 PM (31Nrp)

131 "114 What if the loud drunk slaps the woman at his table? Do you walk away? Posted by: polynikes at July 25, 2013 05:38 PM (m2CN7)" You should talk with a cop about how much fun it is to step into the middle of a domestic dispute. The victims are ALWAYS so grateful that somebody came to their rescue. They hardly EVER recall the next day that it was the rescuer that started the whole fight, attacking their poor hubby-wubby for no good reason. I might stay just long enough to see if she stabs him in the neck with her steak knife, which strikes me as the morally (albeit not legally) appropriate response to being pimp slapped in the middle of a restaurant. If it appeared to be more than a slap, and transitioning into a real Trayvon, well, it's a judgment call. After all, no reason she can't be heeled, too. But that's a situation where pepper spray, not a gun, would seem to be the best first option. IMHO, anybody who carries a gun without also carrying some less-than-lethal force option just hasn't fully thought things out. --Andrew, @LawSelfDefense

Posted by: Law of Self Defense at July 25, 2013 02:23 PM (AgiEl)

132 "Question: . . . Should you document things like the attacker's weapon, the scene in general, your own injuries, light levels, crowd presence, etc?" Posted by: bonhomme at July 25, 2013 05:20 PM (4QSOR) A lot of people advise saying nothing to the responding officers except required identifying information. The concern is that you'll say the wrong thing, or something that can be distorted, or even just written down wrong by the officers. Those are legitimate concerns. However, to simply have a blanket policy to say nothing until your lawyer shows up is misguided. When the hell is he going to show up? Not in next 15 minutes, I can assure yo of that. And how many people have a quality criminal defense attorney on call?. Meanwhile, the knife your attacker was wielding has skidded under that truck. Or the bullet hole from the round he fired at you in in the U-Haul trailer parked down the block. Or the witnesses visiting from the Netherlands who say you were completely justified are catching their flight home tomorrow. To say you should completely clam up is foolish. Make sure the cops know about the evidence that is exculpatory to you--indeed, that may be all that keeps you from spending the rest of your life rotting in prison, pleasuring your cellmate. A deadly-force self-defense encounter is a complicated situation. It's silly to pretend there are simple, "covers all scenarios" strategies, like "don't say a word until your lawyer arrives". Best to know the rules of the game, have the intelligence to understand how they are applied, and adjust your conduct appropriately. --Andrew, @LawSelfDefense

Posted by: Law of Self Defense at July 25, 2013 02:31 PM (AgiEl)

133 :17 He is dead on about CCW. It means you have a great responsibility so don't be a Weiner because of it."

If I have a great responsibility, do I also get super strength and a supermodel girlfriend?

Posted by: Richard McEnroe at July 25, 2013 04:22 PM (qvify)

134 "I think so too, but my question is "Is it smart to do your own documentation."

With modern smartphones you can do your own documentation and email to yourself as you go.   Date/time automatically confirmed by the emails.

Posted by: Richard McEnroe at July 25, 2013 04:25 PM (qvify)

135 114 Stepping in to protect the damsel slapped by her boyfriend is, sad to say, something gone the way of John Wayne movies. Unless the woman is my sister.

Posted by: die trying at July 28, 2013 07:27 AM (w7J/R)

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