General Categories > Laws and Legislation
Lack of Castle Doctrine
Gunscribe:
Peace officers will investigate every death as a homicide because it is a homicide until proven different. The investigation will determine the type of homicide; murder, self defense, suicide. Again by immediately claiming self defense you are admitting to a crime.
farmerbob:
Personally I believe the best thing here would of been as bullitt said, stay behind lock door and call law enforcement, at least there would of been a record that you and your family felt threatened.
We have had inebriated individuals walk up to our place in the middle of nowhere, I first phone sheriff then tell them their ride is on it's way, takes law enforcement around 30 to 45 min to show up if they hurry.
When confronting them I CC , non threatening and it's something I do all the time, if my life was threatened and I had to bring gun into play, I would not of grabbed a gun just to answer the door because it's always on me.
(edit wrong case)
Still bad idea to interject gun into argument.
ORE45:
--- Quote from: AAllen on July 27, 2015, 04:31:39 PM ---First Nebraska has the Castle Doctrine,
--- End quote ---
--- Quote from: jthhapkido on July 28, 2015, 12:46:05 PM ---And as people have pointed out, Nebraska already has a Castle Doctrine.
--- End quote ---
--- Quote from: Kendahl on July 27, 2015, 08:43:36 PM ---As AAllen stated, Nebraska does have a Castle Doctrine.
--- End quote ---
There needs to be more clarity on this ....
Castle Doctrine - Wikipedia
"States with weak or no specific castle law
These states uphold castle doctrine in general, but may rely on case law instead of specific legislation, may enforce a duty to retreat, and may impose specific restrictions on the use of deadly force:
District of Columbia
Nebraska - a bill was introduced in January 2012 that allowed deadly force against a person who broke into a house or occupied vehicle or who tried to kidnap someone from a house or vehicle; however, the bill was revised to include only an affirmative defense from lawsuits pertaining to justifiable use of force.[32]"
US Map of Castle Doctrine States (Not Nebraska)
AAllen:
ORE45, As one of the people who worked on the bill in 2012, please do not use Wikipedia as a source nobody excepts that as a correct or through understanding of anything. Nebraska allows self defense in the home (Castle Doctrine) and has since 1972. The bill in 2012 was trying to expand upon those protections to include anyplace you have a legal right to be (Stand Your Ground) and add Civil Protections (there was also provisions to end the "affirmative defense" requirement, which basically says you must say you are guilty but justified).
What we got was a watered down Civil Protection but it gave a foothold. Those who worked on the bill at that time were not happy with the outcome but sometimes we need to take what we can get, believe me I was the person that was about to go scorched earth over what happened.
Is the subject dead, no but there is a lot of other things that need to happen to make it possible to get more. It's a matter of not putting the cart before the horse and setting things up for success.
Dan W:
--- Quote from: ORE45 on July 31, 2015, 10:29:00 AM ---There needs to be more clarity on this
--- End quote ---
Clarity will rarely, if ever, be found in legislation, as the courts always have the final word
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