Reading over the bill now in law

[A 7.62 Exodus]

Okay, have any of you read over the Right to resist police bill that is now 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.
SECTION 2. An emergency is declared for this act.

Courtesy of Bill Text: IN Senate Bill 1 - 2012 Regular Session | eLobbyist

Wow! Read what i put in bold! That just added a whole new argument to the INGO forum. To resist, or not to resist, that is the question! So what do you guys think? Does this change the way you look at possibly having your weapon taken away during a stop? I know our member S-Works just went through a scenario where he was asked to step from his vehicle for the officer to take his handgun. Thoughts?

 

[Barua]

Well, I feel much more confident to tell an officer that I won't be handing over my weapon.
I can see that becoming an awkward conversation, but if I understand correctly I don't have to surrender my property even if he asks.

 

[ATM]

I'll still handle it the way I would have before: refuse to unholster but not resist if the officer decided he needed to disarm me.

I'd follow up with a formal complaint if it did happen and ask what PC the officer had to consider a licensed carrier to be a danger.

 

[Double T]

Technically speaking its not law until July 1st.

 

[Bill of Rights]

Technically speaking its not law until July 1st.

Nope. This one was law the moment Mitch lifted his pen from the paper. The last line of it read "An emergency is declared for this Act.", meaning it doesn't wait for 7/1 like most bills do.

And, like ATM, I won't be volunteering that I'm armed, voluntarily unholstering, or presenting any physical resistance if an officer wants to remove my pistol from me, though he will know I do not consent and his chief will know as well. I can disagree without becoming disagreeable.

Blessings,
Bill

 

[Double T]

Touche'...my bad. It was even in the OP

 

[LegatoRedrivers]

Agree with ATM and BOR.

While you might consider the officer taking your handgun to run the s/n as "criminal interference with property lawfully in the person's possession," (You might, I might, we might, I don't want to get into that argument here) what is a Judge going to be willing to classify as "reasonable force" in that situation? I don't want to be the test case on that.

 

[xmanhockey7]

The fact the legislature would pass such a bill makes me happy I'll be moving to Indiana.