Time to Restore the Right to Resist

by Will

Will Grigg?s Liberty Minute

January 3, 2012

Under Title 18, Chapter Seven, section 703 of the Idaho State Code, it is a crime for a law enforcement officer to arrest or detain a citizen, or deprive him of any property right, ?without regular process or other lawful authority?.?

Under Section 706 of the same chapter, a police officer can be imprisoned up to a year, and face a $5,000 fine, for assaulting an individual ?without lawful necessity.? However, Section 705 makes it a crime for citizens in any circumstance to ?resist? or ?obstruct? officers ? even when their conduct is unlawful.

This untenable contradiction is easy to repair. Simply add the following language to Section 705: ?Citizens have the right to use such reasonable force as is necessary to prevent an illegal attachment and to resist an illegal arrest." [After all, a police officer who acts without legal authority is merely an armed intruder ? and should be resisted as such.]

At present, the laws of thirteen states explicitly protect the ancient and indispensable right of free citizens to resist unlawful arrest. That right, which has roots in Anglo-Saxon Common Law predating the Magna Carta, was recognized throughout the United States until the 1960s. Sobering and unwelcome as the thought may be, that right is more relevant now than ever before.

Let us take back the liberty wherewith Christ has made us free.

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