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County Attorney does not file charges in 12th & Harney St. Self defense shooting

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SemperFiGuy:
The lesser firearms violations will probably be charged later.
Or the prosecutor's office may just let the whole thing die down and then forget about the picky stuff.

sfg

LJUnaTIC:
28-1202.
Carrying concealed weapon; penalty; affirmative defense.
(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.

(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.

(3) Carrying a concealed weapon is a Class I misdemeanor.

(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.

greg58:
So, I just wonder if the 2 that jumped Gardner at first might face some kind of assault charge? If charged could they have some responsibility for the ultimate death of Scurlock?
We do have a Felony Murder law in NE.

Gumby:
LJUnaTIC's post raises a poignant question... what's the role of firearms in the defense of property in Nebraska?
In a series of tweets expanding on Kleine's decision, the World Herald's Alia Conley wrote this:  "No one is justified in Nebraska to use deadly force to protect your property, like if someone steals something, Kleine says.  But can only be used in situations and is justifiable if someone is in fear of their own life or serious bodily injury or they don't feel they can retreat."
But as LJUnaTIC highlights regarding concealed carry without a permit, Nebraska law says:  "It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family".
Nebraska law not only presumes the defense of property with firearms; it allows for unregulated concealed carry of weapons to defend property when prudent due to circumstances.  Kleine has some explaining to do.

LJUnaTIC:
You can defend property with a firearm up until deadly force is necessary, and at that point you must only use deadly force to prevent serious bodily injury, rape, or death to yourself or others, not to protect the property.

So one cannot shoot a burglar, a looter or an attacker until they breech the threshold of what a reasonable person would agree is deadly force being deployed against you, and only during that time that the deadly force is being used against you or others.

So, an affirmative defense for carrying a concealed weapon is not a license to use deadly force  to protect property.

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