General Categories > Laws and Legislation
Lack of Castle Doctrine
ORE45:
FACTS, yes. This is the defendant's problem right now. No facts are public so everyone (news, social media, etc.) is developing opinionated and unsubstantiated scenarios.
As a teaching moment:
Are any recent Nebraska self defense (with death) examples where the shooter was NOT charged at the scene, excluding LEOs?
AAllen:
--- Quote from: ORE45 on July 27, 2015, 04:43:19 PM ---Are any recent Nebraska self defense (with death) examples where the shooter was NOT charged at the scene, excluding LEOs?
--- End quote ---
A few years ago in Omaha, Shooting at a Walgreens, that said even though the shooter was not charged at the scene it was reviewed by the county and district attorneys and money was expended on legal fees, which the NFOA assisted in paying. I believe there was one recently in a Walmart or grocery store parking lot as well, something about a person that was supposed to point someone out to the police (who showed up late) and there was a confrontation. I think there is another that I am not mentioning as well but I do not keep a list of these.
ORE45:
--- Quote from: tstuart34 on July 27, 2015, 03:38:02 PM --- But why open the door with the gun displayed? What was said before the altercation began? What happen during the altercation?
--- End quote ---
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.)
ORE45:
Please don't take my comments as confrontational. Understanding self defense is sometimes in the details, hence my back and forth comments on law and this event.
--- Quote from: AAllen on July 27, 2015, 04:31:39 PM ---At this point Walter Campos produced a firearm, which would be a threat, escalating the situation and causing Childs to fear for his life and fighting to defend it.
--- End quote ---
I'm not sure that the sight of a gun from a homeowner gives a trespasser premise to self defense of his life ? I would not take the sight of a gun as an escalation unless I was the aggressor. Is this case law in Nebraska ?
AAllen:
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.
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