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Nebraska Castle Doctrine and Stand your Ground laws

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cad:
I did find that it was signed...
http://www.nraila.org/legislation/state-legislation/2012/4/nebraska-governor-signs-two-pro-second-amendment-bills-into-law.aspx

GreyGeek:

--- Quote ---LEGISLATIVE  BILL  804
LB 804Approved  by  the  Governor
 April  11,  2012Introduced by Lautenbaugh, 18; Coash, 27; Fulton, 29; Price, 3; Janssen, 15;
Schilz, 47.

FOR AN ACT relating to crimes and offenses; to amend section 28-1416, Reissue
Revised Statutes of Nebraska; to change provisions relating to
justification for use of force; to harmonize provisions; and to
repeal the original section.

Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-1416, Reissue Revised Statutes of Nebraska, is
amended to read:
28-1416 (1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense.
(2) The fact that conduct is justifiable under sections 28-1406 to 28-1416 does not abolish or impair any remedy for such conduct which is available in any civil action.
(2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.

Sec. 2. Original section 28-1416, Reissue Revised Statutes of Nebraska, is repealed.


--- End quote ---


Very confusing.  I can  use "justifiable action" as an affirmative defense against prosecution for actions taken to protect myself, but even if I win the criminal case my "justifiable" action  "does not abolish or impair any remedy  for such conduct which is available in any civil action"?  So, I can avoid prison but be made a pauper for life if I lose a civil action, which  has a much lower threshold and is more easily swayed by political correctness    Some law.    We need a "Stand Your Ground" law which includes immunity from being punished by the thugs relatives for defending one's self from the thug.

bkoenig:
I second the notion that civil immunity is a much greater concern. 

NE Bull:
Yes cad and GreyGeek, the "law" that was sent to and sign by the good gov'na, was such a neutered version of the original that it was hard to eve consider it a win.  The outside your home defense (SYG) parts were conceded in exchange for the civil liability parts being forwarded to the floor for debate. But that part- against agreement, was rewritten and effectively neutered of it's original intent.  As stated above, the NFOA and supporters were put into a 'between a  rock and a hard place' position and the bill was allowed to go forward as you see here; to be resurrected again at a later date- IMHO.

AAllen:
Civil Liability is an issue that will return, but it will be another year or so due to strategic reasons.  Just know there are a lot of people that are not happy with what happened with this.

Stand Your Ground, I'm doing some research and trying to come up with another take on this.  Trying to do the same thing in a slightly different manner, been studying to many different state laws and court rulings.  Stand your Ground Laws are an attempt to return self defense to the way it was before the Lib's started rewriting the Self Defense Laws in the 1960's, not every state made retreat necessary, example is Nebraska in your home, and I am studying what those states that never have had a duty to retreat have.  Much of that is simply case law so rewriting a statute based upon it may be difficult.

Presumption of Innocence is going to be much harder because that changes it from being an affirmative defense,  but study is going on here as well.

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