Posted by
Craig Freeborn on Tuesday, July 17, 2007 2:12:16 AM
From the early days of the Republic of Texas, “Texicans” prided themselves on being self-reliant. Nowadays we call ourselves Texans, and we’re proud that the Republic of Texas is now the State of Texas – one of fifty in the greatest country in the history of the world. We still have a sense of self-reliance – even though some of it has been eroded in the intervening years.
For instance, under “Texas Common Law”, we have had what is referred to as the “castle doctrine”. Under this doctrine, if a man stumbles upon an intruder in his home, he has the right to stop him with whatever force he deems necessary.
However, there was a time when this common-sense approach to ridding the gene pool of the “bad seed” was taken away. In 1973, the then-liberal state legislature imposed a “duty to retreat” in the face of a criminal attack. Foreshowing their response to the 9/11 attacks, state Democrats reversed the long-standing practice of recognizing the right of a person to stand his ground in the face of an attack.
In 1995, freeborn Texan’s right of self-defense was partially restored. The castle doctrine was reinstituted. The Texas Legislature “granted” an exception to the duty to retreat before using deadly force in response to an unlawful entry into one’s habitation. Texans once again had the right to defend their homes… but the duty to retreat still applied to any other location where a lethal attack might occur.
During the recent legislative session, many of us petitioned our legislators for passage of House Bill 284 (Senate Bill 378). This bill accomplished three things, it:
1.) Establishes the legal presumption that a criminal who unlawfully and forcefully enters a home, vehicle, place of business, or place of employment is there to cause death or great bodily harm. The use any manner of force – including deadly force – against said criminal is presumed to be both reasonable and necessary.
2.) Explicitly states that a person has no duty to retreat if he is attacked in a place where he has a right to be present.
3.) Creates immunity to any civil action brought by an injured or killed attacker or his family.
The bill passed by a vote of 133-13, and Governor Rick Perry signed it into law – effective September 1, 2007.
One of the small group of Democrats who voted against the bill was State Representative Borris Miles. Like many Democrats, Borris thinks the “common man” doesn’t have enough sense to make correct decisions, so politicians must keep him on a tight leash. But Borris is also hypocritical enough to think he himself is above the restrictions liberal politicians place on the “little people”.
Here’s where his hypocrisy surfaced. After the legislative session ended, Borris had time to resume work on a house he is building outside of Houston. As he was working upstairs, he heard a noise. Upon investigating, Borris found two men stealing copper wiring in an unfinished room downstairs.
Surprised by his sudden appearance, one of the men threw a pocket knife at him as they both headed toward the door.
Now since this was not his home, the castle doctrine did not apply; the would-be thieves were making their getaway, so Borris wasn’t in imminent danger; and since House Bill 284 – the bill Rep. Miles voted against – has not yet taken effect, Borris had a duty to retreat and let the bad guys return to continue ripping him off.
But Borris didn’t retreat. After all, he’s a liberal; he’s a Democrat; he’s a State Representative; he shouldn’t have to!
Instead, placing his own property rights above the “human” rights of the thief, Borris pulled out his gun and shot at the bad guys – hitting one in the back of the leg.
When Rep. Borris Miles runs for reelection next year, I hope the good citizens in his Houston, Texas district remember his campaign motto: “Do as I say, not as I do”!