The 5 Elements of Self-Defense Law

Attorney Andrew Branca has distilled the self-defense laws in all USA 50 states. He says, “There are at most 5 elements to any self-defense case (and often not even that many). That’s true in every one of the 50 states, and all US territories.”

[ Read SemperVerus articles on the topic of the SELF-DEFENSE ]

Be sure you adhere to them if you believe you are honestly and reasonably confronted by a situation where you need to prevent an immediate, otherwise unavoidable danger of death, great bodily harm (generally considered a crippling or disfiguring injury), or, in some states, sexual assault to yourself or another innocent person you have the right to protect.

[ Read the SemperVerus article, The 4 Basic Rules of Gun Safety ]

Buy the book The Law of Self Defense, 3rd Edition through this affiliate link with Amazon

 

The 5 Elements of Self-Defense Law are:

  • Innocence
  • Imminence (ability, opportunity, jeopardy [manifest intent])
  • Proportionality
  • Avoidance
  • Reasonableness (subjective and objective)


The 5 Elements of Self-Defense Law chart by attorney Andrew Branca

Source: LawOfSelfDefense.com

Read this article in full at LawOfSelfDefense.com…

[ Read the SemperVerus article, Important Judicial Decisions Regarding Self-Defense Law ]

According to attorney Phillip Nelsen, the crime of brandishing a firearm is a mens rea crime which requires deliberate wrongful intent consisting of three elements:

  1. You display the gun
  2. in a rude, angry, or threatening manner
  3. and you don’t have a legal justification of self-defense to do so.

Also see the National Conference of State Legislatures article, Self Defense and “Stand Your Ground”

For all the USA federal laws pertaining to firearms, see US Code Chapter 44—Firearm Laws and US Code Chapter 44—Firearm Laws Appendix, as well as USCCA’s Federal Defensive Firearms Laws.

And learn about USA state gun laws at

[ Read SemperVerus articles on the topic of the SECOND AMENDMENT ]

Invite SemperVerus® to present its 5 life-changing success-generating components—prepare, aware, be, know, do—to your organization to inspire and motivate your members.

Join the SemperVerus Brotherhood™!