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Improvements in NE gun laws I'd like to see
Husker_Fan:
I'm not a self defense attorney. My thought on this is that it does lower the bar for establishing the defense in a civil suit because it makes the criminal defense apply. In a criminal trial, you need to show you had a reasonable fear for the safety of yourself or another (big simplification). In a civil case, you must rebut evidence that you acted negligently.
I've never done cartwheels over "civil immunity" statutes. The reason is that you will still wind up in court to litigate whether immunity applies. They do lower the bar a defendant (the shooter) needs to meet to establish the defense because the criminal self defense rule is broader than but you will still wind up in front of a judge or jury. The lower bar may help a defendant in close cases, but he'll still be on the hook for all the expense of defending himself.
DanClrk51:
--- Quote from: Husker_Fan on December 20, 2014, 07:43:47 AM ---The reason is that you will still wind up in court to litigate whether immunity applies.
--- End quote ---
And that is the problem right there.
SS_N_NE:
--- Quote from: Husker_Fan on December 20, 2014, 07:43:47 AM ---still be on the hook for all the expense of defending himself.
--- End quote ---
That is one of the greater issues I have with law. Guilty until YOU prove your innocence at YOUR expense. Anyone can sue you at any time and it is going to have a cost. A person can be financially ruined by the unlawful act of another and further by legal action of yet another group of individuals. Even if there is law that the action can not be continued, someone has to decide if and how that law applies.
depserv:
How about a law saying something like this then: Any finding of not guilty in a criminal case due to self defense shall include complete immunity from any and all civil liability, and no civil action against the one found not guilty shall be permitted. Any lawyer attempting to take civil action in such a case shall not be allowed to practice law in Nebraska for not less than ten years.
Here are a few other laws we might want to add:
State senators shall be allowed to serve no more than two terms. This law removes the word consecutive from the previous term limit law.
No one shall be allowed to serve in the state senate whose first name is Ernie and last name is Chambers.
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