General Categories > Laws and Legislation
Lack of Castle Doctrine
tstuart34:
--- Quote from: AAllen on July 27, 2015, 05:20:43 PM ---1 - Bringing a firearm into a situation such as this is an escalation of events, bring a firearm into what appears to be simply a verbal confrontation can be considered to be an aggressive act threatening the life and wellbeing of the other person.
2 - Is the act by itself illegal, no. But you are responsible for the outcomes of that action, and what you are describing as being under assault has in no reporting of the incident been reported. But if you open the door to someone that is committing something that could be considered to be an assault you are doing the exact opposite of what you should be doing to protect yourself and family, you are leaving your place of safety to confront a possible aggressive person. At this point you become the aggressor, and your bringing a firearm into the situation...that's just stupid.
Call the cops and stay in your safe home until they arrive and handle the situation.
--- End quote ---
Agreed
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ORE45:
I have a couple of comments for tomorrow. Thanks
--- Quote from: AAllen on July 27, 2015, 05:20:43 PM ---Call the cops and stay in your safe home until they arrive and handle the situation.
--- End quote ---
This family was in a camper, not nearly so safe as your stick built house. Retreat behind a 1 1/2" wall ?? I don't know the escalation particulars that nite, either.
tstuart34:
--- Quote from: ORE45 on July 27, 2015, 05:05:45 PM ---There are two interesting points.
#1 The news article editorializes the word 'brandishing' or 'displayed'. But really, if you were that close to a threat, would anyone still have their gun holstered? Does this mean Nebraska law lays blame if your firearm is presented before firing ? Everyone understand distance time threat equation.
#2 Is it illegal to open the door of one's home and family under assault to issue warning to leave. (No news article has stated location of body or location of shooting.)
--- End quote ---
1.Yep it does. It never said anything about where it was pointed either. Allen takes about a firearm aggregating the situation.
I this was me I would have never opened the door. But if for some reason I had to it would be in a manner that that the agressor would not have instant display to it. Because now your getting into defensive situation and middle control...
2.why open the door?!
Use your big boy voice and yell a bit open a window a bit OR wait for in bound police.
Sorry I don't think this is a defensive shoot if it was it was avoidable. I would like to see the police report.
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farmerbob:
Didn't VP Joe Biden recommend blowing both barrels of your double barrel shotgun through the door before you open it???????????
^^^^^^^^^BAD ADVICE ^^^^^^^^DO NOT TRY!!!
Kendahl:
--- Quote from: farmerbob on July 27, 2015, 06:19:40 PM ---Didn't VP Joe Biden recommend blowing both barrels of your double barrel shotgun through the door before you open it???
--- End quote ---
Not exactly. He recommended firing both barrels into the air from the deck at the back of the house. Still stupid advice. Illegal discharge plus a waste of ammunition.
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