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Defending a neighbors property?

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JTH:

--- Quote from: Ivars on September 11, 2012, 06:21:51 PM ---My question is whether or not I would be breaking the law to brandish a firearm while slightly intoxicated.  I would be on my property, but I would not be protecting my own.  I am not really worried about my safety, I can take care of myself, but a gun would be intimidating and I could possibly hold them until the police got there.

--- End quote ---

Other people have already commented regarding alcohol, other people's property, putting yourself into a situation in which you aren't already a part, using lethal force in defense of someone else's property.....so I'll pick something else, and that is "holding someone at gunpoint."  (Yes, I know, someone already did but I'd already typed this out so darn it, I'm going to post it!)

Hold them?

How?  This is actually incredibly hard to do. 

First off, if they simply turn around and walk off, what are you going to do?  Shoot them?  For walking away?  That would be jail time for you.

Secondly, how far away are you?  If you are staying on your own property, how much of a scary "don't move" order can you project across 30 yards of space (or whatever distance it is)?  Are you going to move from your property to your neighbors?  (Thus, in the eyes of the law/court, deliberately forcing a lethal force confrontation since you brought your gun?)

Third---TRY to keep your concentration on something for more than 60 seconds at a time.  Try it.  Are you going to keep the gun pointed at them the whole time?  Have you held a gun on point for 60 seconds? 

Anyone who has ever tried to do this will tell you that you simply canNOT hold someone "at gunpoint" for very long before you start having problems. 

So, what's the police response time in your area?  How long are you going to have to "hold" them?

...to sum up:  No.  Don't try to hold people at your neighbor's place at gunpoint until the police show up.  At best, they'll ignore it and walk off.  At worst, either you'll go to to jail (because you shot someone) or you'll get shot (because you got close to them, lost concentration and there was a fight).

I don't see single positive outcome for even trying.

DaveB:
Protecting property isn't a reason to pull a gun, no lives are in danger.

HuskerXDM:
http://nebraskalegislature.gov/laws/statutes.php?statute=28-1411

Unless the person is trying to commit arson, or another crime against the property that would reasonably result in death or serious bodily harm to your neighbor... be a good witness, call the police.  Scroll toward the bottom (section 6) of 28-1411 for the section on use of deadly force.  That would be applicable if you were to pull out a gun. 

DaveB:
Guess we'll get all of our questions answered, including shooting a warning shot into the air.

http://www.nebraska.tv/story/19518833/man-holds-suspects-at-gunpoint-during-attempted-burg

In the late night hours of September 9th the Furnas County Sheriff's Office received a report of an attempted burglary at the Long Branch Saloon in Oxford.

The owner's boyfriend, Tom Hellner, made contact with the two suspects and held them at gunpoint until law enforcement arrived about 20 minutes later.

"I grabbed my shorts, my flip-flops and my nine-millimeter," said Hellner of his actions when he heard someone was breaking into his girlfriend's business in the middle of the night.

When asked if he was scared during the incident Hellner said he was not and went on to say that he made conversation with the two suspects as he held them at gunpoint.

When asked if he ever imagined that he would have to use his gun when he purchased it, Hellner said "Yes."

It has been confirmed that both suspects were also involved in stealing a pick-up truck from Beaver City. An arrest warrant has been written and law enforcement was awaiting a judge's signature at the time this article was written.

Ronvandyn:
I have had the training to intervene back in my employment history, and I still wouldn't.  Best to be a good witness and phone for the one's who are actually charged with dealing with criminals. 

Ron

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