General Categories > Laws and Legislation
Lack of Castle Doctrine
ORE45:
--- Quote from: Sandhillian on July 27, 2015, 07:38:43 PM ---http://nebraskalegislature.gov/laws/statutes.php?statute=28-1409
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Yes, thanks this is helpful.
ORE45:
--- Quote from: tstuart34 on July 27, 2015, 06:10:33 PM ---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
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This is a good point. Not holstered, but not visible would be prudent. Brandishing a weapon is wrong. Yet a defensive prepared posture is also prudent. Opinions ?
JTH:
--- Quote from: ORE45 on July 28, 2015, 12:13:56 PM ---This will be a controversial point, yet, IMHO non-deciding point in this event. However, the porch would be considered part of your "castle" if Nebraska had a Castle Doctrine.
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Why do you think this? Can you name any state whose Castle Doctrine law includes "land outside the residence" as part of the "Castle"? (And as people have pointed out, Nebraska already has a Castle Doctrine.)
AAllen:
--- Quote from: ORE45 on July 28, 2015, 12:13:56 PM ---This will be a controversial point, yet, IMHO non-deciding point in this event. However, the porch would be considered part of your "castle" if Nebraska had a Castle Doctrine.
--- End quote ---
No, the porch is outside the home, so stand your ground is what you are talking about. Now some states extend your home to include what is refered to as the curtilage which would cover that but that has nothing to do with Castle Doctrine.
bullit:
However, the porch would be considered part of your "castle" if Nebraska had a Castle Doctrine
Mr. Wil E. Prosecutor: "Mr. ORE45 ... can you tell the court why you went out onto your porch when according to you the victim was a screaming drunk belligerent young man who you FEEL was threatening your life? I am curious why you simply did you not stay behind your locked door and wait for the police ... if indeed you felt your life in danger?"
See how that works ? And you get pay ALL the money you ever had/have/and ever have in an attempt have to "prove" why you did what you did ..... KILL another human being ..... "who was simply a broken hearted young man ladies and gentlemen of the jury ...."
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