< Back to the Main Site

Author Topic: Just Curious...  (Read 2222 times)

Offline Coyote Dan

  • Forum Member
  • *
  • Join Date: Dec 2008
  • Posts: 8
Just Curious...
« on: January 10, 2009, 11:08:54 AM »
In LB63, an amended section is as follows below.  Now I know the majority here are not lawyers, but even in the event of self defense either by a CCW holder or in your own house (dwelling), the shooter is a felon according to this section, correct?

22 Sec. 15. Section 28-1212.02, Reissue Revised Statutes of
23 Nebraska, is amended to read:
24 28-1212.02 Any person who intentionally discharges a
25 firearm at an inhabited dwelling house, occupied building, occupied
-17-
LB 63 LB 63
1 motor vehicle, occupied aircraft, inhabited motor home as defined
2 in section 71-4603, or inhabited camper unit as defined in section
3 60-1801 shall be guilty of a Class III ID felony.

The bill and contents can be found at :
http://www.nebraskalegislature.gov/bills/

Pages 17 and 18

Offline Coyote Dan

  • Forum Member
  • *
  • Join Date: Dec 2008
  • Posts: 8
Re: Just Curious...
« Reply #1 on: January 10, 2009, 11:18:53 AM »
P.S...

It was Friend whom introduced this bill.  This bill also up the penalties for many gun related infractions to felonies, including the one in discussion of discharging a firearm.

Offline JimP

  • Steel Benefactor
  • *
  • Join Date: Oct 2007
  • Posts: 1310
Re: Just Curious...
« Reply #2 on: January 10, 2009, 07:32:09 PM »
"28-1212.02 Any person who intentionally discharges a
25 firearm at an inhabited dwelling house, occupied building, occupied...... "

I take "at" to mean toward, but if you give a lawyer or prosecutor (same species of weasel, just a color varience) ANY wiggle room, they can twist it around to their employer's benefit.....
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline Jesse T

  • NFOA Co-Founder
  • *****
  • Join Date: Apr 2008
  • Location: Lincoln, NE
  • Posts: 499
  • XD Shooter
Re: Just Curious...
« Reply #3 on: January 12, 2009, 09:01:08 AM »
I think it means firing a weapon at anything, while standing in an inhabited dwelling house, building, etc. 

At least, I would say that is how lawyers will use it.
N0ZXR

Offline FarmerRick

  • NFOA Co-Founder
  • *****
  • Join Date: Mar 2008
  • Location: Valley, NE
  • Posts: 3250
  • Antagonist of liberals, anti-hunters & hoplophobes
Re: Just Curious...
« Reply #4 on: January 12, 2009, 12:40:23 PM »
Basically, I think they're trying to say "no drive-by's".  It's not really needed, but if adopted, I think that something about lawful self defense should be added somehow.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline JimP

  • Steel Benefactor
  • *
  • Join Date: Oct 2007
  • Posts: 1310
Re: Just Curious...
« Reply #5 on: January 12, 2009, 07:39:37 PM »
Basically, I think they're trying to say "no drive-by's".  It's not really needed, but if adopted, I think that something about lawful self defense should be added somehow.

Yeah...... leave it to a batch of lawyers to say in 3 paragraphs what they could have said in 3 words.........
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.