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Hypothetical scenario(s)

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Hermit:
So, imagine my dog is outside and she notices some ne'er do well skulking about on my next door neighbor's property (which means he's skulking about two feet away from my house) and raises the alarm.  My neighbor notices the clamor (and sees said individual walking around on his driveway from his upstairs window) and heads outside with a baseball bat.  My wife goes to quiet the dog (we try to be good neighbors and keep her quiet when she's outside) and neighbor guy tells my wife what's up.  My wife meets me at the back door as I head out to quiet the dog and tells me what's up, so I (hypothetically) grab a pistol and head outside to make sure all is well.   Skulker is nowhere to be seen, all is quiet, I go back inside.

So, have I (hypothetically) violated any laws?  I live in Omaha, the handgun is registered (grumble) with the OPD, and I stayed on my own property. 

Hypothetically, imagine my neighbor has apprehended the skulking individual and I assist in detaining said individual with my pistol in my hand.  Have I violated any laws at this point?  What if said detention takes place on my neighbor's property, does that make any difference?  The middle of the street?

I know that if I just ran outside, saw the skulker and started firing away, I'd be running afoul of the law, and I don't have any sort of carry permit so I can't walk around with the thing all day, but what about checking out noises and suspicious activity in my yard/my neighbor's yard?

Moderators: If this belongs in a different location on the forum, feel free to move it, I won't be offended.

Wildgoose:
It will be intersting to see how folks see this. For my part you are OK for the gun issue in that you did not carry it concealed at any point, its regestered in Omaha and providing your neighbor has no issue with you having it on his property you MIGHT be alright. But, I think you have a lot of problems with the detaining of the assumed evil doer. Was he a thereat to any one? Did he break any laws other than trespassing? Did you point the gun at him or say anything about using it to him? Was he just lost or confused about his whereabouts for some innocent reason? Why and how was your neighbor detaining him. Could some one else see you bringing a gun into the situation as an unnessary act of aggression? Hope you get my dirift here. There is so much in these deals that can go wrong for someone holding a firearm that it takes a lot of thought before you act wihile armed. Very often what you may think is a justified act can be seen in totally diffent light in a court room, where the perpatrator is charging you and your neighbor with having assulted him. I am looking forward to seeing what others think.

bullit:
You are on a slippery slope leaving your house.  Not breaking any laws per se, but could be very "expensive" in court if you had to shoot the BG.  "Mr. X, why did you not call the police and stay safe in your home?"  My two cents.....

DaveB:
Brandishing, even on your own property in OMAHAHA is probably going to get you in trouble. When I lived there, I wouldn't even load guns in the car unless it was in the garage.

Self defense is just that. Was someone in harms way, or was it just someone checking out houses? You just can't go around waving guns at people just because they are there. While it would take 20 minutes to get a cop there, it would have been the right thing to do. It's just not your job to police the neighbors.

mcm80:
That is illegal, hypothetically.  If you have an open carry permit you would be ok but display of a firearm is considered illegal in Omaha unless you have a permit which allows you to do so.

Having said all of that, your life is important and if you were justified in displaying your firearm, who cares if you get a ticket?  You're alive aren't you?

What you SHOULD do in this case is give the gun to your wife who stays INSIDE the house and you go out and assist your neighbor.  It is only lawful to shoot someone if the perp is coming at you and your gun is a force equalizer.  Meaning if he starts shooting water balloons at you and you shoot him with your .45...you are acting beyond the protection of the law.  While your wife is inside, she should call the police.  Who knows who the perp is?  He/she could be a child molester.  If they aren't doing anything wrong, the police will thank you for being vigilant and move on.  If while they do this though, they see you with the gun, they aren't going to care about the perp and probably detain you.

This is another reason we need to have Castle Doctrine passed BTW.  Oh AND, for you to be in trouble someone would have to call you into the police.  Hopefully your hypothetical neighbors are cool. :)

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