Author Topic: Customer Shoots Robber in Drug Store??? (Read 13140 times)

AAllen · « **Reply #60 on:** April 30, 2010, 10:49:17 AM »

Husker_Fan, there are more cases than that. Ernie Chambers was not charged with CCW under affirmative defense, I believe that was back in the late 70's.

I remember when I was young someone had made threats against my mother in a court room, before the person could get out of the courthouse the County Sheriff was picking my mother up at work and taking her to a gun store and arming her. His direction, he could not be there all the time to protect her so she needed to carry it all the times.

Affirmative defense is a difficult case to make but valid for persons even when they are not "working". But then it has not yet been definitively established he was concealed. Remember when the CCW law was enacted the definition of what a concealed firearm was changed, and that may apply here more than anything.

FarmerRick · « **Reply #61 on:** April 30, 2010, 01:51:15 PM »

Link to KFAB's Scott Voorhees talking to NFOA past-President Chris Zeeb this morning concerning the shooting and NFOA's donation of a new pistol to Mr. McCullough. Interview starts at about 9 minutes into the recording.

http://www.kfab.com/cc-common/mediaplayer/player.html?redir=yes&mps=ScottVoorhees.php&mid=http://a1135.g.akamai.net/f/1135/18227/1h/cchannel.download.akamai.com/18227/podcast/OMAHA-NE/KFAB-AM/Walgreens%20Warrior%20III%204-30-10.mp3?CPROG=PCAST?CCOMRRMID&CPROG=RICHMEDIA&MARKET=OMAHA-NE&NG_FORMAT=newstalk&NG_ID=kfab1110am&OR_NEWSFORMAT=&OWNER=&SERVER_NAME=www.kfab.com&SITE_ID=611&STATION_ID=KFAB-AM&TRACK=

Famous556 · « **Reply #62 on:** April 30, 2010, 02:20:48 PM »

Donated to this corageous man. I'm glad everything turned out the way it did, no innocent people were harmed and overall it seems the media is protraying this man in a positive light. This guy is certainly a hero and should continue to be touted as such, I think it's great that this board and the NFOA is setting up the donations for this man. Great work guys!!!

Dan W · « **Reply #63 on:** April 30, 2010, 03:48:34 PM »

Husker_Fan,

I don't believe that "engaged at the time in any lawful business, calling, or employment at the time he or she was carrying" literally requires one to only be carrying while at work.

I am not a lawyer, so I can only read the statute as it is written. Doesn't mention any limitations other than the requirement to be engaged in legal activities

I read that to mean that one must not be engaged in any illegal activity to claim the affirmative defense.

I don't assume a legal calling need be a job, and I don't buy the "only ones" argument that only certain occupations are deserving of an affirmative defense.

Even lawyers with a "get out of jail free" card need to stand in line at the drug store at times.

Husker_Fan · « **Reply #64 on:** April 30, 2010, 06:11:13 PM »

Dan,
That's why I said I don't like the result. It's just my opinion on the meaning of the law, not my preferred meaning. I would prefer a much broader defense.

My antecdote about the atorney was not meant to be the only case I am aware of, just that I think it is indicative of what might be required to win on the defense. I don't think that is the way it should be.

Honestly, a jury may well aquit someone in this situation, but it is far from an easy case. You roll the dice and take your chances.

Greybeard · « **Reply #65 on:** April 30, 2010, 06:36:35 PM »

Just heard the piece on Channel 7 about NFOA providing Mr. McCullough with a replacement pistol. Good publicity for us. Wonder what the reaction in the community will be.

Husker_Fan · « **Reply #66 on:** April 30, 2010, 07:03:59 PM »

Dan and the rest of the Board, thanks for helping Mr. McCullough out. It's good for NFOA, but more importantly, it is good for him.

Poor Man · « **Reply #67 on:** April 30, 2010, 07:08:20 PM »

I'd like to make a donation. Please post, how to.
Thanks to NFOA for kicking this off.

AAllen · « **Reply #68 on:** April 30, 2010, 07:13:17 PM »

NFOA Defender purchases can be made using the Google Checkout at the top of the page, or if you would rather you can send a Check to:
NFOA
P.O. BOX 419
SYRACUSE, NEBRASKA 68446
Please include a note letting us know what the check is for, just to make for easier record keeping.

Dan W · « **Reply #69 on:** April 30, 2010, 07:16:33 PM »

This is not about publicity, but about assuring the right to self defense.

Some have questioned our stance as being outside our mission, or our bylaws.

My only objective in working for this cause is to defend the God given right every person has to defend their Life and their Liberty.

If supporting this man, in this instance, does not fit that objective , then I don't know what the hell would

SBarry · « **Reply #70 on:** April 30, 2010, 07:47:43 PM »

Now is the time for all 4,000 members of the NFOA to stand up and say "We've had enough!" Disarming this man when the gangbangers have a price on his head? Crazy Libtard Omaha justice! Are they providing him with round the clock security? Hell no! The BOD saw a major injustice and took it upon themselves to take action, similar to what Mr. McCollough did.

We are honorable men, we take action when duty calls.

Not what our bylaws say we can do? We made this organization to fight for freedom, not to sit back and be cowards.

Time to get the emails, faxes, phone calls and letters flowing to the mayor, city and county attorneys and the Governor. Some board members are contacting people all day long, help out and do your part.

dcjulie · « **Reply #71 on:** April 30, 2010, 08:10:25 PM »

Quote from: SBarry on April 30, 2010, 07:47:43 PM

We are honorable men, we take action when duty calls.

and women!

SBarry · « **Reply #72 on:** April 30, 2010, 08:20:32 PM »

Quote from: dcjulie on April 30, 2010, 08:10:25 PM

Quote from: SBarry on April 30, 2010, 07:47:43 PM

We are honorable men, we take action when duty calls.

and women!

Very true. My apologies to the fairer sex.

NE Bull · « **Reply #73 on:** April 30, 2010, 09:19:52 PM »

Just read the story on WOWT, then started reading the comments. Yeah some good support, but then there are the yahoos who obviously can't read, and like to change the facts all around against James and our fair organization. I decided to just shut the window before I stooped to their level and said something I'd regret later. :tool:

( :angel1:

stop fighting you two)

dcjulie · « **Reply #74 on:** April 30, 2010, 09:35:54 PM »

couldn't resist the post.

jimburnetto · « **Reply #75 on:** May 01, 2010, 10:46:34 AM »

He was denied a purchase permit? Not good.

http://www.wowt.com/home/headlines/92532359.html

The Nebraska Firearms Owner Association has offered to buy a new handgun for the man who shot and killed a robbery suspect at an Omaha Walgreens.

Harry "James" McCullough, 32, said he's been overwhelmed by the support from people appreciative of his actions. On Monday, April 26th, he noticed two men, one of them armed with a shotgun, threaten the clerk and another customer at the Walgreens on 61st and NW Radial. That's when he shot the man 4-times, killing him. McCullough then held down the other suspect until police arrived. "You only have one chance," is what he told reporters on Thursday about his reaction.

McCullough who worked in corporate security shoots competitively twice a month at a local gun club. "I carry (my gun) everywhere. It's like a wallet."

Omaha Police have taken his gun, a Smith and Wesson 40-caliber, for the investigation. It may take months for him to get it back.

Douglas County Attorney Don Kleine determined the shooting was justified.

Andy Allen, President of the Nebraska Firearms Owner Association said on the website: "He needs a new carry gun, and the NFOA Board of Directors has made arrangements with an FFL member in the Omaha area to get another S&W for him at dealer cost. The Board has also offered to pay for this firearm for him, and request donations from our members to cover this expense. We had not intended to publicize this donation at this time, but Mr. McCullough thought we should be recognized for our efforts to help him continue to have a way to protect himself."

McCullough was ticketed for carrying concealed without a permit. Investigators say he had the proper paperwork to carry the gun out in the open but not concealed. McCullough says he carries it in his waistband.
Omaha city prosecutor Marty Conboy hasn't determined if there is enough evidence to charge him.

McCullough's attorney believes the citation should be dropped because of the lives he saved.

Andy Allen talked to Channel 6 News Friday. He tells us enough money has been promised to buy McCullough a gun. However, when McCullough went to OPD Headquarters Friday afternoon to apply for a permit to buy a new gun, his permit was denied. Allen says no reason was given by police for the denial.

RLMoeller · « **Reply #76 on:** May 01, 2010, 11:12:24 AM »

Completely incorrect. The Omaha Police Department does not issue purchase permits. OPD requires registration. He attempted to register a gun with OPD, not get a permit to purchase.

SBarry · « **Reply #77 on:** May 01, 2010, 11:29:00 AM »

Right, they refused to allow him to register the gun. This is a clear violation of the Second Amendment. Omaha is setting themselves up for a huge lawsuit.

RLMoeller · « **Reply #78 on:** May 01, 2010, 11:40:09 AM »

It does sound like "regulating ownership", doesn't it?

RGL · « **Reply #79 on:** May 01, 2010, 12:02:45 PM »

Probably denied registration because of the pending citation for CC. But since no formal charges have been made (that I know of), the denial of registration apparently is based on someone's attitude. A case, perhaps, of being found guilty before proved innocent.

Wonder what the registration requirements are?