In Indiana it has become legal to shoot a police officer if they unlawfully enter one's home. The controversial gun law is the first of its kind in the United States and has many law enforcement officials unhappy with the recent ruling. The National Rifle Association was a strong supporter of the so-called Castle Doctrine recently passed in Indiana, but could we expect to see an increase in these types of incidents? Mark Walters, host of Armed America Radio, joins us for more.
Indiana affirms 4th Amendment right to self protection
June 13, 2012 by ppjg
Marti Oakley
In December of 2011, the Indiana Supreme Court issued a ruling so
clearly unconstitutional, and one which was an outright assault on
Constitutional protections and rights, that Indiana’s legislature passed
a bill to void that ruling. Governor Mitch Daniels signed the bill in
March of 2012. The new Indiana bill amends the 2006
Castle Doctrine bill. This doctrine validates the right of citizens to
protect themselves using deadly force to stop illegal entry into their
homes or cars, allowing them to self-defend even against unlawful acts
of law enforcement.
Indiana‘s original “2006 Castle Doctrine” met with overwhelming, bipartisan support, passing 44-5 in the Senate and 81-10 in the House. The 2012 amendment to the 2006 Castle Doctrine was a result of the opinions issued last year by the Supreme’s in Indiana. The entire state nearly hurled at once behind this decision that included these statements:
“In sum, we hold
that in Indiana the right to reasonably resist an unlawful police entry
into a home is no longer recognized under Indiana law.” Indiana Supreme Court Justice Steven David said,
“We believe
however that a right to resist an unlawful police entry into a home is
against public policy and is incompatible with modern Fourth Amendment
jurisprudence.”
Does it make you wonder if this justice
realized that he was acknowledging the unlawful (criminal) activity of
law enforcement when he stated that the citizens no longer could defend
themselves from these unlawful activities?
Indiana’s state government responded by
amending the 2006 Castle Doctrine, reaffirming the right of citizens to
self-defense to include specifically when law enforcement is acting
unlawfully and is threatening bodily harm, or unlawful trespass under
color of law, or no law at all.
Full article HERE
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