RT News Hold onto your holsters, folks: shooting a cop dead is now legal in the state of Indiana.
Governor Mitch Daniels, a Republican, has authorized changes to a 2006 legislation that legalizes the use of deadly force on a public servant — including an officer of the law — in cases of “unlawful intrusion.” Proponents of both the Second and Fourth Amendments — those that allow for the ownership of firearms and the security against unlawful searches, respectively — are celebrating the update by saying it ensures that residents are protected from authorities that abuse the powers of the badge.
Others, however, fear that the alleged threat of a police state emergence will be replaced by an all-out warzone in Indiana.
Under the latest changes of the so-called Castle Doctrine, state lawmakers agree “people have a right to defend themselves and third parties from physical harm and crime.” Rather than excluding officers of the law, however, any public servant is now subject to be met with deadly force if they unlawfully enter private property without clear justification.
“In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant,” reads the legislation.
Although critics have been quick to condemn the law for opening the door for assaults on police officers, supporters say that it is necessary to implement the ideals brought by America’s forefathers. Especially, argue some, since the Indiana Supreme Court almost eliminated the Fourth Amendment entirely last year. During the 2011 case of Barnes v. State of Indiana, the court ruled that a man who assaulted an officer dispatched to his house had broken the law before there was “no right to reasonably resist unlawful entry by police officers.” In turn, the National Rifle Association lobbied for an amendment to the Castle Doctrine to ensure that residents were protected from officers that abuse the law to grant themselves entry into private space.
“There are bad legislators,” the law’s author, State Senator R. Michael Young (R) tells Bloomberg News. “There are bad clergy, bad doctors, bad teachers, and it’s these officers that we’re concerned about that when they act outside their scope and duty that the individual ought to have a right to protect themselves.”
Governor Daniels agrees with the senator in a statement offered through his office, and notes that the law is only being established to cover rare incidents of police abuse that can escape the system without reprimand for officers or other persons that break the law to gain entry.
“In the real world, there will almost never be a situation in which these extremely narrow conditions are met,” Daniels says. “This law is not an invitation to use violence or force against law enforcement officers.”
Officers in Indiana aren’t necessarily on the same page, though. “If I pull over a car and I walk up to it and the guy shoots me, he’s going to say, ‘Well, he was trying to illegally enter my property,’” Sergeant Joseph Hubbard tells Bloomberg. “Somebody is going get away with killing a cop because of this law.”
“It’s just a recipe for disaster,” Indiana State Fraternal Order of Police President Tim Downs adds. “It just puts a bounty on our heads.”
Well I’d say the Indiana Police better just follow the ‘rule of law’. Then they won’t have to worry will they?
I agree with Sue. This law says that if a cop is breaking the law and presents a threat to your person that you have a right to defend yourself with lethal force. This age of “I am right because I am a cop” has to end. Too many innocent people have been murdered by the police and the cops walk away free with the “I meant well” excuse. No more.
Sergeant Joseph Hubbard, “Somebody is going get away with killing a cop because of this law.”
If the cop is abusing their authority or violating the rights of a citizen, I hope so. The police should fear law abiding citizens, not the other way around. If piggie Hubbard is so concerned about being shot, maybe he should make sure he is not violating the Constitution he is sworn to uphold.
I have only one thing to say about this…. It’s the same thing that overzealous and abusive officers have been telling us for many years.
“If you’re not doing anything wrong, you should have nothing to fear”.
The right to keep and bear arms is a god given right. The 2nd amendment ensures no infringement of your right. Otherwise all “they” have to do is repeal the 2nd amendment.
Usually I’m not in favor of “everybody carrying a gun”. But lately, I’m not so sure… the abuses by the police are really getting out of hand (or is it that we are finally being told the truth about them? Hmm…)
And from what I hear about incarcerated prisoners who die at the hands of their cell-mates (with guards sometimes standing by watching!) maybe prisoners should also have their second-amendment rights enforced. I mean, your wife falsely accuses you (during a nasty divorce) of having “touched your daughter inappropriately” and the jury agrees (anyone accused of a “sex crime” is automatically guilty, right?) and his cellmate decides to “take justice into his own hands” – with the tacit approval of the state.
So he is beaten or stabbed to death. While serving a sentence for a crime he never committed.
Welcome to the United States of AmeriKKKA…
As usual, the two police officers quoted have just one thing on their mind- officer safety.
They don’t care about the law except as it applies to them. Granting the people the right to defend themselves is evaluated only through the lens of “officer safety”.
Right on, Indiana. It should be a federal law, but that will never happen.
Larken Rose wrote an excellent article titled: “When is it ok to shoot a cop”.
Naturally, the knee-jerk reactionaries had epileptic fits from just the title before reading the story, but many people thought it to be a rational topic to delve into, especially when Larken lists the abuses commited by the Soviet & Nazi cops who were “following the law” when they rounded up people for death camps.
Seeing how we now have the NDAA, Patriot Act & the heavily armed & quickly growing DHS, there may come a time when it is a matter of survival to do just what the article discusses.
To all of you hard-working, decent cops, please think through all of these horrible laws before mindlessly following them & abusing the citizens.
The 100 million armed US citizens are the largest army on earth & will pack a nasty bite…
I am from Indiana and have been following these two law changes over the last two years. Glad they turned out in the favor of Hoosier rights. When it comes to my family, I trust nobody.