General Categories > Laws and Legislation
Duty to act after using weapon
Phantom:
--- Quote from: sjwsti on March 17, 2013, 05:23:29 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.
--- End quote ---
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.
bullit:
CitizenClark.....know I got your six when you go render aid.....
CitizenClark:
--- Quote from: Phantom on March 20, 2013, 12:02:29 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
--- End quote ---
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.
--- End quote ---
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.
--- End quote ---
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.
--- End quote ---
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.
CitizenClark:
.
zofoman:
--- Quote from: CitizenClark on March 20, 2013, 03:34:46 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.
--- End quote ---
That's a good credo to live by.
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