General Categories > Laws and Legislation
Castle Doctrine and Stand Your Ground in Nebraska
Thanke:
--- Quote from: feralcatkillr on June 19, 2014, 08:15:09 AM ---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.
--- End quote ---
I think this ties right into the "safely" aspect. If you can't do it safely, you don't have too. If your family can't safely, you don't have too. If everybody in the store can't safely retreat, you don't have to.
I can see where after the fact, it would be better in court to have some sort of Stand your Ground to help deal with the Monday morning quarter backs. But as it is right now, it is not terrible. (in my opinion)
Hey Onthefly, I think we may have sat next to each other at Chris' class :D
OnTheFly:
--- Quote from: Thanke on June 19, 2014, 09:20:15 AM ---Hey Onthefly, I think we may have sat next to each other at Chris' class :D
--- End quote ---
Why...did you have a guy in class asking a lot of dumb questions? If so, then yes, that was probably me. ;D
Fly
bullit:
--- Quote from: Gunscribe on June 18, 2014, 11:14:20 PM ---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...
Gunscribe, please reply with the statute that supports your statements .....
--- End quote ---
Gunscribe:
--- Quote from: Thanke on June 19, 2014, 01:49:27 AM ---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 ---
Who said anything about PICKING the option; What about the War Vet in a wheel chair, what about Gramma with a cane, what about a wife with a shopping cart full of groceries and babies? I could go on and on. Just because you are a physically fit gun-totin' olympic runner doesn't mean everyone is. Unless your suggesting that mom run off and leave her kids behind.
--- Quote from: bullit on June 19, 2014, 09:43:34 AM ---Gunscribe, please reply with the statute that supports your statements .....
--- End quote ---
(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
That right there says that if you can't run safely you MUST surrender your posessions, beemer keys etc. Bottomline if you can't escape the law says you have turn over your stuff and assume the fetal position hoping the bad guy doesn't cap your ass anyway.
Thanke:
--- Quote from: Gunscribe on June 19, 2014, 10:55:10 AM ---Who said anything about PICKING the option; What about the War Vet in a wheel chair, what about Gramma with a cane, what about a wife with a shopping cart full of groceries and babies? I could go on and on. Just because you are a physically fit gun-totin' olympic runner doesn't mean everyone is. Unless your suggesting that mom run off and leave her kids behind.
--- End quote ---
If you have the option to leave with complete safety, leave.
If you are in a wheel chair, then leaving with complete safety isn't an option. Defend yourself.
If you are mom with kids, please don't run off leaving them behind. Leaving with complete safety isn't possible, defend them.
--- Quote from: Gunscribe on June 19, 2014, 10:55:10 AM --- (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
That right there says that if you can't run safely you MUST surrender your posessions, beemer keys etc. Bottomline if you can't escape the law says you have turn over your stuff and assume the fetal position hoping the bad guy doesn't cap your ass anyway.
--- End quote ---
It says if you know that you can be completely safe without using force then surrender your possessions or run away. Deadly force is justifiable if you believe that it is necessary to protect yourself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat.
If you can get away in complete safety, deadly force is not necessary. I would prefer to leave in complete safety, then have to go through hell and back dealing with the aftermath of using deadly force. If you can not leave in complete safety, then you have to do whatever you think will give you the best odds in staying safe.
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