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Sarpy County Man Accidentally Shoots Himself

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DanClrk51:

--- Quote from: DaveB on February 16, 2011, 08:02:26 AM ---If someone is messing with my property, I am going out to get them away from it and off of my property. I do not have to idly stand by and watch it happen. Until I know what is going on, I am not required to call the police. Should they not immediately leave, my obligation is to first call the police, then make me and my family safe. I will not confront anyone on my property unarmed, I am not breaking any laws by carrying a gun on my property. Should the thugs turn towards me, I have done nothing to escalate the problem, they did. Then they will find that I was more prepared than they were. Bring on the DA and the jury, I will be ready for them also, everyone on every jury has had vandalism of one sort or another. The only ones that would hold it against someone for protecting their own would be the proud parents of the ones that got in trouble for it.

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......Hear Hear!
I was housesitting a friends house back in August when they went on vacation and I went and read up on Nebraska's entire statute in regards to Use of Force, Protection of Property etc. and the way I saw it was that you can't use deadly force to protect property unless several conditions applied. Basically in a nutshell the way i read it you can protect your property with deadly force indirectly once there is a threat to your person (serious bodily injury or death). So yeah, if i see someone messing with my vehicle I will darn well walk out there with my concealed sidearm at my side (in a holster preferably) and tell them to get the freak away from my vehicle and off my property. There's only 3 options for them at that point: 1. They run away...situation defused. 2. They ignore me and continue breaking into my vehicle....in which the wisest thing to do is call the cops and be a good witness while also not turning your back on them....3. They advance towards me in a threatening manner, or pull a weapon of some sort. At that point I will draw my weapon and point it at them and demand they cease and desist and if they continue advancement they will be sent to the Supreme Principal's office ;D

JimP:

--- Quote ---While it is a shame we can't protect our property, going out armed is a prudent thing, if you are going to go out.  They may move on when they see that you are watching them...... if not, you can tell them you called the police (which you should have).  If they continue to engage in their theft of vandalism, be a good witness.  If they have a problem with you being witness, and threaten you with bodily harm ..... well then, it sucks to be them.


Have you not now just escalated the situation?  I remember a key phrase from the CCW class,  "Permit holders are held to a higher legal standard since they're armed with lethal force."  Hmmm....   

Avoid, evade, de-escalate.... 

Confront?  I'm not so sure about that one. 
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I'm not sure that would be escalating the situation.  Threatening them would be.



--- Quote ---They advance towards me in a threatening manner, or pull a weapon of some sort. At that point I will draw my weapon and point it at them and demand they cease and desist
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I'm thinking that if they pull a weapon, you better be moving and shooting, as they are one step ahead of you already: they have a weapon out and you have not drawn yours yet.  Draw at this point and if they have a gun, you are trying to "beat the drop" ..... you'll get shot doing that.

Priority is not get shot: Move.  Don't get stabbed or clubbed either.  Move. Create distance.  Be a difficult target. Move and shoot if he has a gun.

ComputerCowboy:
Hey now, I thought we resolved that "duty to retreat" business and it was voted out?


--- Quote from: sjwsti on February 14, 2011, 04:46:09 PM ---My thoughts exactly SFG.

Though I would like to hear from one of our legal experts on the statute regarding the Use of force to protect property. How would it apply (or not) in this situation. What circumstances need to be present for it to be lawful? Figure this is a perfect time to stimulate some discussion about what is, to me at least, a confusing section of the law.

- Shawn

 

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sjwsti:

--- Quote from: ComputerCowboy on February 22, 2011, 11:35:29 PM ---Hey now, I thought we resolved that "duty to retreat" business and it was voted out?
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If your refering to LB298, it has a ways to go yet before it becomes law. You can check its status here http://nebraskalegislature.gov/bills/view_bill.php?DocumentID=12118

- Shawn

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