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SemperFiGuy:
--- Quote ---Arson would likely be met with gunfire from the property owners and, on the basis of past decisions, I expect the Douglas County attorney would rule the shooting justified.
--- End quote ---
Actually, Nebraska state law would rule the shooting justified.
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NEBRASKA STATE STATUTE 28-1411.
Use of force for protection of property.
(6) The use of deadly force is not justifiable under this section unless the actor believes that:
(a) The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
(b) The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other felonious theft or property destruction and either:
(i) Has employed or threatened deadly force against or in the presence of the actor; or
(ii) The use of force other than deadly force to prevent the commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of serious bodily harm.
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And you're right on: the Douglas County Attorney would be bound to follow up with the proper ruling based upon the above law.
fwiw,
sfg
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