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Castle Doctrine and Stand Your Ground in Nebraska

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Thanke:

Another +1 for Chris Zeeb's Legal Aspects of Lethal Force class.  Its well worth your time!

Gunscribe:

--- Quote from: AAllen on December 17, 2013, 04:05:18 PM ---  (i) The actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be;
--- End quote ---

Not obliged to retreat from own dwelling. Not retreat from place of work unlees assailed by a co-worker - then you have to run.

It says absolutely nothing about any other public place where you have a legal right to be. At or near your car in a parking lot, standing in line for movie tickets, waiting with your kids to see Joesy the clown etc...

Essentially the only place you aren't required to retreat is in your home; That is why Nebraska needs Castle Doctrine/Stand your ground.
            
         
                  
                  
                     
                     
                     
                           

Thanke:

--- Quote from: Gunscribe on June 18, 2014, 11:14:20 PM ---Essentially the only place you aren't required to retreat is in your home; That is why Nebraska needs Castle Doctrine/Stand your ground.
            
         
                  
                  
                     
                     
                  

--- End quote ---

I agree with Bullit,

 I would gladly exercise my duty to retreat safely, then  face the alternative, so I guess I don't see it as a huge deal. I can't understand why someone would pick the option of possible death or serious bodily injury over the option of getting the hell out of dodge.

OnTheFly:

--- Quote from: Thanke on June 19, 2014, 01:49:27 AM ---I agree with Bullit,

 I would gladly exercise my duty to retreat safely, then  face the alternative, so I guess I don't see it as a huge deal. I can't understand why someone would pick the option of possible death or serious bodily injury over the option of getting the hell out of dodge.
--- End quote ---

Because some people feel morally obligated to stop a bad person sans fleeing.  Even when they know it could mean death or serious legal battles.  I'm not talking about those gung-ho types that have watched too many Rambo movies.  I'm talking about someone who realizes they would have more anguish over knowing they ran when they might have helped.  On a related note, I was having a conversation with the mother of a child my kids went to school with.  She didn't understand why I would have guns.  My response was because it was my right first and foremost, but secondly if someone was doing harm to myself or my family, I would have a way to defend us.  She said that she couldn't live with herself if she ever killed anyone.  So she would rather watch her family be murdered, raped, etc. as opposed to living with her act that protected the ones she loved.  Pretty bass ackwards if you ask me.

Now the comments can ensue regarding all the problems with trying to help.  The most important in my mind are...

A) Police coming into the fight may not be able to differentiate between the good guy and the bad guy.  But really...when do the police show up in most of these gunfights?  During the fight?  No.  It is usually after.  This is not a slam on the police.  It is just the reality we live in.  Police can't be everywhere.  It normally takes minutes for the police to respond, but it takes only seconds for someone to murder multiple people.  Especially in the victim rich environments these scum have learned to choose from their predecessors.

B) You may be entering a fight where you end up harming the victim because YOU can't tell the difference between the good guy and the bad guy.  Maybe they are both bad guys fighting over a drug deal gone south.

C) You WILL have legal problems because of your acts.

D) By getting yourself killed or in a legal fight to defend yourself, you have not only hurt yourself, but your family.  Hopefully they will understand why you did what you did.

Before you take exception to my statements, please understand...

1) I'm not saying this describes me, but I know there are people who would rather put themselves in harms than see someone else harmed.

2) Whatever the circumstances, you WILL be in a world of legal hurt.

3) AGAIN...I'm NOT talking about someone who thinks they are some movie super soldier.

4) I am NOT condoning this response...just saying some people are compelled for different reasons.

5) Every situation is different.  Two youths pulling guns out of their belts on the street and shooting them sideways...RUN.  Some Alpha Hotel picking off people at the mall...not too hard to figure out who the bad guy is. 

6) Regardless of whether you carry concealed, you NEED to take Chris Z's class on Legal Aspects of Using Lethal Force to understand your best practices if you are ever involved in a SD situation.  Also, you will learn what you can do to prepare for the off chance that you would ever need to defend yourself or others.  There is much more information in the class.  Take it!

7) I am NOT saying this is the right thing to do.  Getting away from the fight and surviving to be there for your family is a very viable reason to retreat.

[flamesuit]ON[/flamesuit]

Fly

ILoveCats:

--- Quote from: Thanke on June 19, 2014, 01:49:27 AM ---I would gladly exercise my duty to retreat safely, then  face the alternative, so I guess I don't see it as a huge deal. I can't understand why someone would pick the option of possible death or serious bodily injury over the option of getting the hell out of dodge.

--- End quote ---

I think the counterpoint to that would be that, in a terrible, hectic situation, a person may not see all the avenues to retreat.  Or a person might feel that retreating / running (whatever) is actually more dangerous, or playing right into the "bad guy's" hand.  (There have been various criminal and terrorist tactics in the past designed to flush people out of a certain area, then attack them.  Or, conversely, draw them toward the chaos then attack them; the initial attack at our Nairobi Embassy drew people to the windows to see what was going on, then they detonated the big one.)  And then the Monday morning quarterbacking begins where that person is prosecuted and persecuted for making the spur of the moment decision that staying put was safer than fleeing.

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