Monday, June 11, 2012

The right to resist...

Below is a letter being sent to Representative Dennis Bonnen. Wonder if he'll answer, or duck and run like he did when I asked him about sponsoring open carry?

Representative Dennis Bonnen:

It has recently come to my attention that the state of Indiana passed Senate Enrolled Act 1, which recognizes that the right to defend ones' home against unlawful intruders is still valid when that unlawful intruder happens to be wearing a badge or other ornament on his state-issued costume signifying his employment as a “public servant”.

Please note, this law does not grant carte blanch to any citizen wanting to “go kill a cop” who happens to kick the door in, as it applies only to unlawful entries. Situations where a warrant or probable cause, which would grant legal entry into the home of a private citizen, are not covered in this law.

What this law does accomplish is to give immediate recourse to unlawful force, without having to sue ones' government in a civil court, when a public servant commits such an offense against the homeowner.

Sadly, in the state of Texas, Section 38.03(c) of our penal code states that we have no right to resist an unlawful arrest or search, even if it occurs within the confines of our own homes and it is plainly evident to all involved that that the arrest and/or search was blatantly unlawful.

While I do not wish to see harm done to any person, I do recognize that wearing a badge does not instantaneously change a person into a superhuman justice machine who can commit no wrong.

Will you, as my elected representative, take the initiative and sponsor a bill so our legislature will allow us to be secure in our homes from unlawful aggression as demanded by the Fourth Amendment of the United States Constitution?

Barry Hayes,
Citizen of Angleton

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