Now is the time for the other 49 to do the same.
Agreed.
Public employees are not above the law. They are our servants, whether they like to hear it or not.
Downs says “It just puts a bounty on our heads.” I say welcome to the club. Now you know how we (citizens) feel.
48 states. Buried in the Texas Penal Code is a similar provision.
From Texas Penal Code, Title II, Chapter 9, Subchapter C - http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm
Specifically, Section 9.31(c):
(c) The use of force to resist an arrest or search is justified:
(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer’s (or other person’s) use or attempted use of greater force than necessary.
Section 9.31(d) tells us where to look to determine if we can use deadly force:
(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.
If we look at 9.32, guess what we see.
Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(A) to protect the actor against the other’s use or attempted use of unlawful deadly force;
Indiana wasn’t the first; I believe that those provisions have been there since 1973. Further on in 9.32, the recently added Castle Law provisions further say “don’t even think about illegal entry without a warrant.”
It’s about time someone finally caught up with Texas on the subject. Someone tell ABC they’re wrong.
Absolutely!