Birthplace of the Second Amendment 1765: Armed Homeowner Protects Family From Group of Detroit Thugs – Is There a Chance the Homeowner Could Face Charges?

Thursday, April 17, 2014

Armed Homeowner Protects Family From Group of Detroit Thugs – Is There a Chance the Homeowner Could Face Charges?

By Jason Howerton - 4/17/2014

The homeowner and family members were reportedly in the basement playing video games when they heard noise and footsteps coming from inside the home.

With a getaway driver waiting in the car, two men broke into the home. They were quickly confronted by the family, with at least the homeowner in question armed with a gun.
Detroit Police Sgt. Michael Woody said there were “shots fired in the home before the two suspects busted through the front door,” according to WDIV-TV. The suspects then fired shots at the homeowner from outside, causing the individual to return fire.

One of the shots hit the getaway driver, a wound that would prove to be fatal. Two of the suspects were able to get away, but the wounded driver crashed into a nearby home and injured a 29-year-old woman. She was later treated for minor injuries.

Police now seek to review surveillance video from a camera that is apparently aimed at the front door of the home. Officials say police and prosecutors will have to determine if the shooting of the driver was “justified.”

“You have the right to defend your home, property and your life and obviously this is another one of those instances, but there has to be that threat to your life included in the facts for it to be justified,” Woody explained.

As we’ve seen in similar cases before, gun owners have found themselves in legal trouble when engaging with suspects who are fleeing or beyond the threshold of his or her home.

In this case, it sounds like the homeowner returned fire, which could work in favor of the person. However, the surveillance video will certainly be a key piece of evidence that can clear the homeowner of any wrongdoing.

For argument’s sake, BearingArms.com lays out the “worst-case scenario”:

• criminal charges for pursuing the suspects and shooting of the getaway car driver.
• civil charges from the family of the getaway car driver.
• civil charges from the homeowner of the house that was hit by the getaway car.
• civil charges by the person inside the home hit by the getaway car for injuries that were a result of the shots that killed the getaway driver.

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It All Started Here . . .

Frontier Mercersburg in 1765 was the "birthplace" of the right we now refer to as "the Second Amendment", or, "the right to bear arms". It was here that individuals for the first time, some would say divinely, embraced the link between "Life and Liberty". . . and struck the first blow for Freedom.

Historically the right to bear arms goes back even before our founding as a nation to the Glorious Revolution of 1689 when William III agreed to the English Bill of Rights. If one can look at revolution like a volcanic eruption in nature, you understand that often from the destruction come the seeds of new human values and beliefs. In this case the independence of the human spirit, the right to know God for oneself, and to trust your conscience was hard won in this revolution of the human soul.

One crucible begets the necessity for another and on the frontier in America the right to defend ones religious beliefs was becoming the right to participate in the decisions of government that impact my "self". Freedom of the soul was becoming freedom of the heart and mind. Smith's Rebellion began as an act they justified under the rubric of defending oneself because government had failed in its obligation to protect Life, Liberty and Property. This was the first assertion of this principle aimed directly at British Military Authority as well as the incompetent government of John Penn - anywhere in the colonies.

In the end, Smith's Rebellion was the first armed resistance against British Military Rule leading up to the American Revolution. It was the first American triumph over the best military force in the world. It was the first time upon defending oneself that Americans had proclaimed we can rule ourselves.

It would be ten years before the battles at Lexington and Concord.

...Let Them Take Arms

The "Right to Bear Arms" . . .or 2nd Amendment is one of the most discussed and contentious of all the amendments of the Bill of Rights. It is, in fact, the only amendment that contains not only the seeds but the actual instruments of the revolution itself. Further, it gives real affirmation to Thomas Jefferson's quote . . .
"God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty. ... And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."

It is for this reason, if no other, that the Government and its functionaries vociferously assail and obfuscate the text of this simple assertion. More, it is for this reason, and in the face of the perennial onslaught that its defense and affirmation is essential to the survival of the republic.

Frontier Mercersburg & The Justice William Smith House

The frontier town of Mercersburg, PA. in the 1760's, although typical of many settlements along the Appalachian Mountains played a pivotal role in the creation of what was to become the "Bill of Rights".

Frontiersmen like James Smith and the Black Boys, many of whom were inhabitants of the Mercersburg environs, were early participants in a series of conflicts with the British government that established principles the eventually lead to the inclusion of the "right to bear arms" in the Bill of Rights.

Much of the focus, centers on the domicile (and likely place of business) of Justice William Smith.

Birthplace of the Second Amendment 1765

Pages

Second Amendment to the U.S. Constitution - Bill of Rights

Preservation and Proposition

Thursday, April 17, 2014

Armed Homeowner Protects Family From Group of Detroit Thugs – Is There a Chance the Homeowner Could Face Charges?

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