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Discharging a firearm in self defense within Omaha city limits

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CitizenClark:

--- Quote from: bkoenig on January 25, 2013, 07:10:05 PM ---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

--- End quote ---

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

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