Discharging a firearm in self defense within Omaha city limits

[Kendahl]

Today, I was discussing trail riding with another horse owner. She related an incident at Lake Cunningham where two women on horseback were chased by a pair of pit bulls off leash. One of the women was thrown when her horse bolted away from the dogs. I commented that dog attacks were a good reason to get a concealed carry permit. (Shooting accurately from horseback and not spooking your horse are valid concerns.) She replied that she had considered getting a concealed carry permit but gave up on it after being told that it is illegal to fire a gun within Omaha city limits even in self defense.

Signs at the entrances to Lake Cunningham prohibit firearms within the park. I expect the signs trump a concealed carry permit. That effectively prohibits using a gun for self defense. But, where carry is legal, I seriously question not being allowed to shoot in a situation where deadly force is justified under state law. Anyone care to comment?

[JimP]

If it is a serious enough situation to need to shoot, then violating a city ordinance is probably the least of your worries.

...just my $.02 .....

[bkoenig]

I'm no lawyer, but I would think you could use an affirmative defense here - basically, admitting you violated the law, but had justification in doing so.

http://en.wikipedia.org/wiki/Affirmative_defense

[DanClrk51]

They didn't charge Harry McCullough for discharging within city limits when he shot the gang banger in the Walgreen's. The general understanding is that you will not be charged if you fired in self defense.

[Husker_Fan]

As mentioned above, self defense is an affirmative defense to a crime committed in the course of the act of self defense. It doesn't just apply to the crime of homicide, but any other crime, including discharging a gun in the city.

If it is a justifiable shooting, you won't be guilty of one without the other.

[CitizenClark]

I'm no lawyer, but I would think you could use an affirmative defense here - basically, admitting you violated the law, but had justification in doing so.

http://en.wikipedia.org/wiki/Affirmative_defense

See also http://en.wikipedia.org/wiki/Necessity

[SemperFiGuy]

You are Invited to Check Out this Nebraska Statute:

Nebraska Revised Statute 28-1407
28-1407. Justification; choice of evils.

(1) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if:

(a) The harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged;

(b) Neither sections 28-1406 to 28-1416 nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and

(c) A legislative purpose to exclude the justification claimed does not otherwise plainly appear.

[But...........Don't Screw Up  (ed.)]

(2) When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

Bottom Line:
Nebraska Citizens Have a Clear Right to Defend Themselves With Deadly Force in These Circumstances:

-Fear of Death or Great Bodily Harm
-Kidnapping
-Sexual Assault

There is No State Nor Civic Duty to Be a Victim in the Above Circumstances.    However, there is a NE State duty to retreat [28-1409.4(b)].

sfg