"Can you use deadly force in your home against the Police or FBI?" by Chris Dixon
01 May 2014
Can you use deadly force in your home against the Police or FBI?
by Chris Dixon
This can be a tricky question and this article is in no way an attempt to bash the Police or FBI. Recent events like the one at the Bundy Ranch should have us asking questions about our right to defend ourselves against public servants that are acting illegally.
There is one state that has answered this question and they sided with their public citizens. Indiana has laws on the books that gives their citizens the right to use deadly force against a public servant if they have illegally entered your home or car and the citizen feels that their in immanent physical danger.
Here is an excerpt from the actual law (LINK TO LAW)
(i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle; or
(3) prevent or terminate the public servant's unlawful trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.
(j) Notwithstanding subsection (i), a person is not justified in using force against a public servant if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes action by the public servant with intent to cause bodily injury to the public servant;
(3) the person has entered into combat with the public servant or is the initial aggressor, unless the person withdraws from the encounter and communicates to the public servant the intent to do so and the public servant nevertheless continues
or threatens to continue unlawful action; or
(4) the person reasonably believes the public servant is:
(A) acting lawfully; or
(B) engaged in the lawful execution of the public servant's official duties.
(k) A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless:
(1) the person reasonably believes that the public servant is:
(A) acting unlawfully; or
(B) not engaged in the execution of the public servant's official duties; and
(2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person.
Indiana has set up both sides of the law to give the legal and illegal side of these incidents. Our public servants use to have "to Protect and to Serve" on the sides of their police cars. I do not recall seeing that on any police cars in decades.
Most states have adopted "Castle Laws" but I am unaware of any of them having a section that specifically talks about defending against illegal entry by PUBLIC SERVANTS.
While I in no way think we should ever paint targets on our civil servants and just look for a reason to open fire on one we should have rights to defend ourselves in very bad and illegal situations. There are many states working diligently to remove our 2nd Amendment rights. What do we as citizens do when an illegal action is taken against us? There are still more questions than answers to this general topic and all states seem to have a different set of laws governing defending a person's home.
My personal thoughts are to allow yourself to be arrested and have your day in court if this option is possible. This opinion could change if the situation was grave enough that innocent lives were in danger. I truly hope that I never have to face this type of situation.
What are your thoughts? This article will be posted to our forum so you can share your opinions?