Author Topic: Customer Shoots Robber in Drug Store??? (Read 13340 times)

bkoenig · « **Reply #40 on:** April 28, 2010, 07:25:50 PM »

We're going to have a heck of a time getting anything out of judiciary as long as Ashford is running it and Council is on it.

Wesley D · « **Reply #41 on:** April 28, 2010, 08:49:31 PM »

Quote from: Dan W on April 28, 2010, 06:40:46 PM

Zombiehunter, that legislation has been introduced many times in the years prior to passing our current CCW law, and it failed miserably every time.

The problem is getting it out of the judiciary committee, and like castle doctrine, it will get watered down before it ever moves to a vote

I somewhat figured so, Dan. And I understand the strategy element of politics and legislation. Get a CCW passed, then go for reciprocity, then go for less State restrictions on where you can carry, then.... I totally get the strategy. Pushing for VT Carry doesn't necessarily mean all in one step. We didn't lose our rights overnight; they were chipped away over time. And that's exactly how we're going to get them back.

Chris Z · « **Reply #42 on:** April 28, 2010, 08:58:56 PM »

I spoke to a OWH reporter today who is doing a story on "If NE should have Vermont/Alaska/Arizona" style carry today. I was very rushed during a class break to talk to him, but it sounds like he got this idea from a State Senator who suggested NE needs to look at it.

We'll see if this story pans out

AAllen · « **Reply #43 on:** April 28, 2010, 09:13:50 PM »

This incident makes a good case for no permit required concealed carry.

FarmerRick · « **Reply #44 on:** April 28, 2010, 09:15:28 PM »

A permit is not needed for someone to do the right thing. A person either does or doesn't.

DanClrk51 · « **Reply #45 on:** April 28, 2010, 10:16:44 PM »

Quote from: Chris Z on April 28, 2010, 08:58:56 PM

I spoke to a OWH reporter today who is doing a story on "If NE should have Vermont/Alaska/Arizona" style carry today. I was very rushed during a class break to talk to him, but it sounds like he got this idea from a State Senator who suggested NE needs to look at it.
We'll see if this story pans out

That can only be good. The more press the more controversy the better it is for our cause. I doubt we will be able to pass it next year but I can see no permit concealed carry eventually coming to Nebraska. It will just depend on common sense, facts and truth being revealed to legislators.

Burnsy87 · « **Reply #46 on:** April 29, 2010, 10:13:42 AM »

I'd love that in Nebraska

20nickels · « **Reply #47 on:** April 29, 2010, 03:57:43 PM »

Quote from: DanClrk51 on April 28, 2010, 10:16:44 PM

Quote from: Chris Z on April 28, 2010, 08:58:56 PM
I spoke to a OWH reporter today who is doing a story on "If NE should have Vermont/Alaska/Arizona" style carry today. I was very rushed during a class break to talk to him, but it sounds like he got this idea from a State Senator who suggested NE needs to look at it.
We'll see if this story pans out

That can only be good. The more press the more controversy the better it is for our cause. I doubt we will be able to pass it next year but I can see no permit concealed carry eventually coming to Nebraska. It will just depend on common sense, facts and truth being revealed to legislators.

Well said. I'm looking forward to it.

kruegster · « **Reply #48 on:** April 29, 2010, 06:42:25 PM »

Quote from: FarmerRick on April 28, 2010, 09:15:28 PM

A permit is not needed for someone to do the right thing. A person either does or doesn't.

If you follow the law and don't carry if you don't have a permit. You may WANT to do the right thing but it could be stupid if you have no gun but perp does.

Dan W · « **Reply #49 on:** April 29, 2010, 07:56:05 PM »

Carrying concealed via the Affirmative Defense statute 28-1202 IS carrying within the law.

Quote

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.

FarmerRick · « **Reply #50 on:** April 29, 2010, 07:58:05 PM »

I was more referring to the thousands of Nebraskans that have been carrying under Affirmative Defense before CCW permits, and many who still do.

EDIT: As Dan stated above. ^^^

Dan W · « **Reply #51 on:** April 29, 2010, 08:55:44 PM »

Everyone note the NFOA Defender sales via Google Checkout are available to help Mr. McCullough through this situation.

SBarry · « **Reply #52 on:** April 29, 2010, 09:36:50 PM »

This is an easy way to help a fellow NFOA member and gun owner through a tough situation.

I applaud this man for having the balls to do what he did. Many of us would have wet ourselves, he showed he was the "Bear".

NE Bull · « **Reply #53 on:** April 29, 2010, 09:50:39 PM »

Not that I wish it on him, but any guesses on how long it is before the family of this 'good boy' drag Mr. McCullough through court for 'Wrongful Death' and tries to take everything he owns.?

Chris Z · « **Reply #54 on:** April 29, 2010, 09:52:51 PM »

Quote from: NE Bull on April 29, 2010, 09:50:39 PM

Not that I wish it on him, but any guesses on how long it is before the family of this 'good boy' drag Mr. McCullough through court for 'Wrongful Death' and tries to take everything he owns.?

Could happen, but likely won't. The Mother publicly spoke out that she has forgiven him...

http://www.omaha.com/article/20100429/NEWS01/704299843#robber-s-mom-forgives-shooter

NE Bull · « **Reply #55 on:** April 29, 2010, 10:10:07 PM »

Wow, thanks, I guess I missed that one.
Good for her being able to forgive through her grief and realizing where the blame actually falls.

Greybeard · « **Reply #56 on:** April 30, 2010, 05:16:51 AM »

Write me off as cynical, but I wouldn't bet the farm that Mr. McCullough won't face civil charges before all is said and done.

Code 4 · « **Reply #57 on:** April 30, 2010, 09:04:21 AM »

Donations LINK: http://www.nebraskafirearms.org/
I need some info before I donate to him. Can anyone confirm that if our donations exceed the new S&W MP .40 cal firearm the rest of the money goes directly to Harry J. McCullough III to help with LEGAL DEFENSE?

I have a small army of guys ready to donate and I want to make sure it all goes to him before I ask my friends and family to chip in.

Please get back to me ASAP in this thread and also message me in case I miss the post.

Thanks

SBarry · « **Reply #58 on:** April 30, 2010, 09:27:29 AM »

All of the money is going to him. If I were in his shoes, I would appreciate this very much.

Husker_Fan · « **Reply #59 on:** April 30, 2010, 10:00:21 AM »

Dan,
The affirmative defense is very limited, and probably wouldn't apply here. Mr. McCullough, by his own admission, was not working at the time he was carrying. I don't like the result, but that is my reading of the law.

It's in Conboy's hands, and Davis is doing a good job of pushing Conboy into a corner where it would be difficult for him to pursue a misdemeanor carrying charge.

I know of one person who did carry under the affirmative defense without issue. That person was an attorney who had been threatened by the husband of a woman the attorney was representing in a divorce. There wasn't enough to charge the husband (no witnesses but the lawyer and the husband) but the county attorney at the time (several decades ago) gave the lawyer a litteral "get out of jail card" in the form of a signed letter that would be presented to the cops if he was caught carrying.