Today I file a lawsuit against the New Hampshire Attorney General under the premise that state law mandates what the Constitution describes as “absurd” and “slavish.” You’re not a slave to the criminal gang, are you?
Here is my Petition For A Declaratory Judgement that New Hampshire’s resisting arrest statute is unconstitutional as it forbids non-violent resistance when you’re being arrested on illegal charges.
I’m not a trained lawyer…Â so I make mistakes.
Your critique is more than welcome!
I just wanted to add, although I didn’t make this argument in my petition, New Hampshire is a state that has codified an affirmative defense to physically wrestling an officers gun away from him or her if they’re willfully making a false arrest.
Oh yes they have (section III.)
If you can physically take control of a police officers gun who is making a bad arrest legally, I’d say my argument is rather tame: going limp or passive resistance should be legal to an illegal arrest.
Logical question for you high IQ people out there: How can the State criminalize non-violent refusal to a felony… while immunizing violent defense against the same act?
