S I G N U P F O R A M E R I C A S 1 S T F R E E D O M D I G I T A L

G O : N R A N E W S
I GI TAL May14
B O O K R E V I E W
Revi ew by John C. Frazer
N
o thoughtful armed citizen hopes to
draw a gun in self-defense, any more
than a thoughtful homeowner wants to
use his or her fre extinguisher. But the fact that sensible
people think through these possibilities has brought
growing demand for accurate, up-to-date information
on self-defense law.
Helping fll that demand is the second
edition of Andrew F. Brancas Te
Law of Self-Defense. Branca brings
to the subject his perspective not only
as a Massachusetts attorney, but also
as an nra Life member, nra-certifed
instructor, Master class competitor in the
International Defensive Pistol Association
and former adjunct instructor at the
sig Sauer Academy.
Branca writes in an appropriately
serious tone, starting with his overview
of our awesome power and responsibility
under self-defense law. As he puts it,
the most heinous murderer imaginable
will receive full due process protections
from arrest through execution, while
you can legally accomplish the same end
with a single, small movement of your
trigger fngerbut only if your actions
are justifed.
Since most gun owners are so
law-abiding that they have no personal
experience with the criminal justice
process, Branca gives an overview of
the crimes that may be charged in a
self-defense casefrom brandishing a frearm
to frst-degree murderand explains what
to expect from an investigative and judicial
process in which none of the people who
will have been put in control of your fate
will understand what it was like at that
desperate moment.
From there, Branca proceeds to discuss
basic principles of self-defense law. Each
chapter is structured for easy reading,
starting with an overview of the principle
in question, then providing a detailed
explanation illustrated by summaries of
notable court cases. Each chapter also
has a table of relevant statutes or case
law for each state; full text of statutes and
cases, and state-by-state supplements, are
available on Brancas website.
I GI TAL May14
C O M M E N T
U S E Y O U R P O W E R
1 I NNOCENCE If you start or escalate a fght, you
will fnd it difcult, or even impossible, to claim
self-defense.
2 I MMI NENCE You can only claim self-defense
against an attack thats going to happen right now
unless you act immediately. Branca explains this
through the Ability, Opportunity, Jeopardy
model, which asks: Is my attacker able to hurt
me? Can their attack get to me? And, Is there
some indication that the person will use the ability
and opportunity to do harm? (A bank robber and
a bank security guard may be the same distance
away and carrying the same kind of gun, but only
the robber puts you in jeopardy.)
3 PROPORTI ONALI TY In many states, deadly
force can be used only against a deadly attack,
so Branca explains the factors that put particular
types of force on either side of the line.
4 AVOI DANCE Branca explains that a majority
of states prevent second-guessing of defenders
by adopting the Stand Your Ground rule: A
person has no duty to retreat before using force if
attacked in a place where he or she has a right to
be. Branca also details the minority rule, that one
must retreat if its possible to do safely, and the
limits on that duty in some duty to retreat states.
Although Branca strongly supports the Stand
Your Ground rule, he also eloquently explains
why you should retreat if you can.
BRANCAS FIVE KEY PRINCIPLES
5 REASONABLENESS Tis chapter alone is worth
the price of the book. Contrary to anti-gun groups
claims that Stand Your Ground laws allow citizens
to kill at will, every self-defense case in every state is
governed by whether the defenders perceptions and
actions were those of a reasonable person.
Branca illustrates that last concept by describing
a mythical person, Reasonable Ralph. Ralph is
ordinary, cautious, responsible, sober and slow to
anger. Afer a self-defense incident, you would be
held to Ralphs standards. To meet those standards,
he advises readers to adopt an attitude that shows
consciousness of innocence: fee only to safety,
report the incident to the police, and cooperate to the
extent you can. Better yet, prevent problems before
they start: Dont be aggressive. Walk away from
fghts, if possible, and regardless of insult. Develop a
reputation of honor and reliability.
In other words, in a self-defense situation and
throughout your life, be like Reasonable Ralph.
Andrew F. Branca, 7e Law of Self Defense: 7e
Indispensable Guide for the Armed Citizen (:nd ed., :or,).
Sofcover, :,, pages. Published by Law of Self Defense,
P.O. Box ,r:, Maynard, MA or,,,. sr,.,, (current online
special price). www.lawofselfdefense.com
John Frazer is an attorney in Fairfax, Va., and former
director of nra-ilas Research and Information division.
B O O K R E V I E W
Revi ew by John C. Frazer
BRANCAS FIVE KEY PRINCIPLES