Sen. Eric Burlison (R-Battlefied) pre-filed the legislation Wednesday. It would grant a person criminal immunity for using deadly force in self-defense unless the force is used against a law enforcement officer in the line of duty. [More]
And who will the burden of proof be on if you have to defend yourself against an "Only One" crossing that line?
I wouldn't be waving the flag and screaming "Second Amendment, f*** yeah!" until we find out.
[Via bondmen]
2 comments:
Unless MO is an "affirmative defense" state, he's doing exactly nothing to strengthen existing self-defense law, while gutting it against bad state actors.
The law does allow for a person being arrested to resist with force when excessive force is applied by a LEO attempting to make the arrest.
In an extreme case, deadly force would be justified if a reasonable person would conclude that the office was attempting to kill rather than arrest.
You would have to pass the "reasonable person" test and convince twelve jurors to agree but the law does allow for it. On the other hand, one generally has to be alive to be tried before a jury.
An extreme case of "better to be judges by twelve than carried by six."
https://www.nolo.com/legal-encyclopedia/resisting-arrest-when-police-use-excessive-force.html
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