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Author Topic: Duty to act after using weapon  (Read 4668 times)

Offline bullit

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Re: Duty to act after using weapon
« Reply #20 on: March 18, 2013, 10:02:51 AM »
I've got a headache now.....the short of it is back to the OP and I believe Shawn will agree (even if ON DUTY), the scene must be SECURE and SAFE.  Outside of that do what your conscience tells you to do.   Thus endeth the lesson....

Offline CitizenClark

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Re: Duty to act after using weapon
« Reply #21 on: March 18, 2013, 10:32:16 AM »
Hypothetical situation; Im attacked by a crazy person with a knife, this guy is really trying to kill me. I shoot at him, but I flinch and hit him in the knee. He drops to the ground, clearly unable to get back up, maimed for life. Nebraska law states, according to you, that Im either supposed to finish him off, or go to jail?

Your disbelief is warranted. If you lawfully use deadly force to neutralize a threat and then, though he no longer presents a credible threat of imminent death or bodily harm to anyone, you "finish him off" because he is still alive, you just went from being a defender to committing some kind of criminal homicide.

Offline unfy

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Re: Duty to act after using weapon
« Reply #22 on: March 18, 2013, 11:32:12 PM »
Can't say about how it affects line of duty stuff...

But the topic has come up a few times, and even I started a thread on it afaik...

Actually yup.... it was here:

http://nebraskafirearms.org/forum/index.php/topic,4044.msg29496.html
hoppe's #9 is not the end all be all woman catching pheramone people make it out to be ... cause i smell of it 2 or 3 times a week but remain single  >:D

Offline bullit

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Re: Duty to act after using weapon
« Reply #23 on: March 19, 2013, 06:15:37 AM »
Had Seal Team 6 members not caused Osama Bin Laden to have a "splitting headache", but otherwise wounded him.....and you'd been present, would you have felt compelled to render aid?   Now, talk amongst yourselves......

Offline sidearm1

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Re: Duty to act after using weapon
« Reply #24 on: March 19, 2013, 06:26:52 AM »
Different topic completely.  A military operation in a foreign country.  Without knowledge of the rules of engagement, no one would know the actual answer. Normal military operation you render aid to the infirm, whether friend or enemy.  In a special operations endeavor, well the rules say ????

Offline bullit

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Re: Duty to act after using weapon
« Reply #25 on: March 19, 2013, 07:55:06 AM »
sidearm1 .....not necessarily......since we are getting off on a tangent and myself being a former military officer I get what you are saying...I am just offering a moral equivalency ... if OBL would have been in the US i.e. some CHP holder ran into him or his ilk outside an Omaha Starbucks and took him out.  Way out there scenario, but since we are talking morality, ethics and "duty to act" (and way off topic)...... and until Dan-O locks down this thread :)

A-FIXER

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Re: Duty to act after using weapon
« Reply #26 on: March 19, 2013, 09:10:42 PM »
Extremism off tangent, bullit I am not a EMT nor are we going to face OBL OR Hitler, Stalin or the likes on the street. As you feel your knowledge suits you good enough, again no one is just like you and your confortable with your views fantastic good for you if you don't offer aid thats up to you in a forum we share views and if you decide to aid you make a decision good if not leave it alone and don't worry about swaying the mass its just a view... calm down and relax.. enjoy the threads or/not thats up to you.

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Re: Duty to act after using weapon
« Reply #27 on: March 19, 2013, 09:12:11 PM »
But if having the last word is what you want you win... lol

Offline bullit

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Re: Duty to act after using weapon
« Reply #28 on: March 20, 2013, 06:26:54 AM »
calm down and relax.

A-Fixer... now you put me in the position on having the last word :) ..... I really don't care if anyone agrees or disagrees with me, I've lost count on the number of time I've been wrong about something....this side of heaven its going the be like that.....  Just adding thoughts to the topic at hand based on facts and LOGIC.  I'm as calm and "cool" as my Avatar suggests.....

Offline CitizenClark

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Re: Duty to act after using weapon
« Reply #29 on: March 20, 2013, 08:50:37 AM »
.
« Last Edit: July 07, 2015, 02:52:16 PM by CitizenClark »

Offline Phantom

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Re: Duty to act after using weapon
« Reply #30 on: March 20, 2013, 12:02:29 PM »
Hypothetical situation; Im attacked by a crazy person with a knife, this guy is really trying to kill me. I shoot at him, but I flinch and hit him in the knee. He drops to the ground, clearly unable to get back up, maimed for life. Nebraska law states, according to you, that Im either supposed to finish him off, or go to jail? I would be curious as to the exact wording of the law you are citing.

sjwsti the Answer is both Yes and No ......
As long as he is still a Threat you are suppost/required to shoot to kill
If he/she becomes wounded (IE: like in combat he/she then becomes a Noncombatant) the threat is considered under Nebraska Law to have been removed and the Use of Deadly force no longer applies or is it authorized by law.

This goes Directly to When you can or are Authorized the use of deadly force (IE: your Weapon)
as i understand it there are only 3 times it is authorized ....
(1&2) The Defence or your or another persons life. 
(3.) to stop a Kidnapping.     

Defence of Pets or Propriety is NOT allowed and you will end up in Jail for it.
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Offline bullit

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Re: Duty to act after using weapon
« Reply #31 on: March 20, 2013, 12:13:48 PM »
CitizenClark.....know I got your six when you go render aid.....

Offline CitizenClark

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Re: Duty to act after using weapon
« Reply #32 on: March 20, 2013, 03:28:19 PM »
sjwsti the Answer is both Yes and No ......
As long as he is still a Threat you are suppost/required to shoot to kill

You are never required to shoot anyone. You have a right to self-defense, and you have a right to defend a third party, but generally speaking you no duty to exercise those rights.

Nor are you ever required to "shoot to kill." However, if you intentionally shoot someone with a firearm, that is some evidence of your intent to kill them, as everyone knows that inflicting an injury with that sort of instrument is very likely to result in serious bodily injury and death.

Quote

If he/she becomes wounded (IE: like in combat he/she then becomes a Noncombatant) the threat is considered under Nebraska Law to have been removed and the Use of Deadly force no longer applies or is it authorized by law.

This is only true if it is apparent that the threat justifying the use of deadly force has ended.

Quote
This goes Directly to When you can or are Authorized the use of deadly force (IE: your Weapon)
as i understand it there are only 3 times it is authorized ....
(1&2) The Defence or your or another persons life. 
(3.) to stop a Kidnapping.     

This isn't quite right. In the state of Nebraska, you are authorized to use deadly force as a private individual if you or a third party is facing an imminent threat of death, serious bodily harm, kidnapping, or involuntary sexual intercourse.

Quote
Defence of Pets or Propriety is NOT allowed and you will end up in Jail for it.

Deadly force is prohibited for defense of property, but this does not mean that no force is allowed in defense of property. See Neb. Rev. Stat. 28-1409, sections 1–3.

Offline CitizenClark

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Re: Duty to act after using weapon
« Reply #33 on: March 20, 2013, 03:34:46 PM »
.
« Last Edit: July 07, 2015, 02:53:14 PM by CitizenClark »

Offline zofoman

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Re: Duty to act after using weapon
« Reply #34 on: March 20, 2013, 04:56:07 PM »
I'm all for shooting people when they need shooting, and I am all for trying to save people's lives whether they deserve it or not.

That's a good credo to live by.
"What, me worry?"  ~ Alfred E. Neuman

Offline RedDot

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Re: Duty to act after using weapon
« Reply #35 on: March 20, 2013, 07:41:18 PM »
Seems like a central nervous system hit would prevent any qualms over "Do I assist? Do I not assist?"  Other than a towel for the mess, assistance is pretty much moot.  LEO's don't shoot to wound, why should you if you are truly in fear for your life?

Offline gsd

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Re: Duty to act after using weapon
« Reply #36 on: March 20, 2013, 08:50:17 PM »
 Being a former EMT myself, I would follow my own training. Call me a cold calculating SoB, but if I have to shoot you to stop you, you are now DRT.
It is highly likely the above post may offend you. I'm fine with that.

Offline GreyGeek

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Re: Duty to act after using weapon
« Reply #37 on: March 21, 2013, 10:00:21 AM »
DRT
???
Dead due to Resisting Treatment?


Offline bullit

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Re: Duty to act after using weapon
« Reply #38 on: March 21, 2013, 10:05:13 AM »
daleemt....did we run you off yet?   :)

Offline gsd

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Re: Duty to act after using weapon
« Reply #39 on: March 21, 2013, 10:16:55 AM »
???
Dead due to Resisting Treatment?



Dead Right There.
It is highly likely the above post may offend you. I'm fine with that.