It’s Time to Deal with the Police Threat to the Second Amendment

 

Police raid the wrong home? If the innocent homeowner is lawfully armed, he could end up dead.

There have been more than one case where law enforcement have raided the wrong home in the middle of the night and the innocent homeowner took his gun to the door to see what the noise was about. Then the homeowner is shot and the police realize they are at the WRONG house.

The courts always find that the police cannot be sued for their damage and murder inflicted on the innocents.

This must be changed. It undermines our 2nd Amendment.

But what’s to be done?

David French opines in the above linked National Review article:

  • “It’s time for the law to accommodate the Second Amendment. It’s time for legal doctrine to reflect that when the state intrudes in the wrong home — or lawlessly or recklessly even into the right home — that it absolutely bears the costs of its own mistakes. It’s time for law enforcement practice to reflect the reality that tens of millions of law-abiding men and women exercise their fundamental, constitutional rights to protect themselves and their families.”

  • “Second, prosecutors should closely scrutinize every single instance of mistaken-identity raids. Good-faith mistakes are always possible, but given the stakes involved when police raid homes or pound on doors late at night with their guns drawn, they should exercise a high degree of care and caution in choosing the right house. It’s hard to imagine a worse or more tragic injustice than being gunned down in your own home by mistaken agents of the state.”

  • Third, if and when police do kill or injure innocent homeowners, they should be stripped of qualified immunity — even when the homeowner is armed. There are circumstances where it would improper to file criminal charges against an officer who makes a good-faith mistake and finds himself making an immediate life-or-death situation, but when the mistake is his, then he should face strict liability for all the harm he causes.”

I agree with Mr. French. If police officers do not carry the responsibility of their mistaken murder of innocent homeowners during these night-time home raids on the wrong houses, there will continue to be more and more of these. Not sure how this can be done. The courts have made these decisions in the past. Perhaps the state legislatures…?

What do you think?

~tannngl



Categories: Political

Tags: , , , ,

5 replies

  1. I agree with both of youse guys.

    I’ve often thought about a knock on my door in the middle of the night and how I’ll respond.

    Now that I have a Ring doorbell, I can see who’s out there before opening the door, and converse with them if necessary. That changes everything.

    Aside from that, I could be expected to answer the door with a Ruger in hand, hidden by a wall to my right. If it’s the cops, I plan to announce that I am the homeowner, I’m armed and I’m carefully putting the gun down on a dining table (and hope that they’re not trigger-happy). If it’s not the police, I’m in a position to step aside from a bull rush and open fire. At least, that’s the plan.

    But, as we all know, plans often fail, so I’ll hope and pray that neither type of knock on my door happens.

    Liked by 1 person

  2. Not sure how it can be done either, but I hate to put more pressure on our men in blue because they put their lives on the line every day when they leave their house. There has to be a way to correct this error, which happens way too many times, but in many instances cops have to make split-second judgment calls and we can’t expect those calls to be perfect 100% of the time. They are humans, after all, and they don’t go out there every day thinking about killing innocent people.

    I would agree that every possible effort should be made to ensure they’re at the right address – if there is doubt, then don’t go. Watch it and wait. I’d rather see someone get away with a crime than see an innocent person shot and killed because they’re at the wrong address.

    Better dispatching? I don’t know, tannngl, this is a tough one.

    Liked by 2 people

    • Our police are getting assassinated by the fruit of our welfare society. Unbelievable. And our people in blue should be commended and not murdered for the job they do.

      Yet, this idea that police can accidentally break into the wrong house in the middle of the night and then shoot the law abiding home owner because he has a gun to defend his family is disgusting. And when these police can’t be criminally nor civilly caused to pay for the horrible loss of a husband, father, son we have a police state.

      Let me give an example of how this can be changed. Nurses can’t afford to make mistakes with medications, blood transfusions, etc. These administrations can kill when given to the wrong persons, wrong doses, wrong substance. We are trained to check for accuracy 5 times before any active administration of meds or IV’s or blood components. And when we kill someone with our unintended errors, we can be tried for manslaughter. We are always sued for civil cause as well.

      The police need to stop invading homes in the middle of the night especially for warrants. Finding an abducted victim is something else…
      They need to have careful safeguards to make sure they are at the right home during the day when they’re going to a home.
      They must tell the occupants who they are.
      They do not deserve immunity from lawsuits when they have murdered an innocent person.
      And there should be criminal investigations when such an act takes place.

      I agree with you, Kathy but police need a reason to take more care in their actions. As an aside, did you know civil conceal carry citizens have a much better record of not hitting bystanders when shooting in public, (John Lott’s book: More Guns, Less Crime)

      Like

      • Although it gets abused and distorted, there is a system in place where they’re put on leave after such an incident while it’s investigated. Prosecutors can file criminal charges if deemed necessary and they are also subject to civil suits.

        Some of those systems are too lenient and some are too heavy-handed on the cops. Then there’s more distortion from the lawyers, and even more yet when it goes before a judge to decide a case. It needs a major overhaul at every level, and there doesn’t seem to be any easy answer for this.

        I agree that they need to identify themselves and I thought they had to by law.

        Liked by 1 person

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