NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: zofoman on January 28, 2022, 10:39:33 AM
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I saw this video posted on another site from up in the Northwest. It makes me angry watching this and brings up all sorts of questions on what to do.
While one of the thieves is stealing a catalytic converter from a Prius, his partner points a firearm at the door of the homeowner.
Bellevue, Washington
The video/news report says it all (you may need to click on the video volume to turn it on):
https://www.kiro7.com/news/local/video-catalytic-converter-thieves-target-bellevue-family/ee293957-fcab-42c3-9fb2-fa181c01138e/ (https://www.kiro7.com/news/local/video-catalytic-converter-thieves-target-bellevue-family/ee293957-fcab-42c3-9fb2-fa181c01138e/)
I'm no lawyer, so how would Nebraska law(s) state what one could/should do in a situation such as this?
Clearly, the perp is threatening any/all within the house...yes, he's outside of the house, but definitely on the homeowner's property and blatantly stealing property belonging to the homeowner. Is the homeowner justified if he goes out and shoots one or both of these twits? Again, the perp with the gun is pointing in a threatening manner to all within the house. So many questions here....
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I think this applies to such a situation in Nebraska:
"In Nebraska there is a duty to retreat before any kind of force can be for self defense."
https://www.gunlaws101.com/state/law/nebraska/stand-your-ground
"Nebraska's castle law states that any force used must be deemed necessary by the person protecting themselves. Deadly force can be used but only if the person believes that it is necessary to avoid rape, serious injury, kidnapping, or death. There is a duty to retreat when the person is not at their home or place of work."
https://www.gunlaws101.com/state/law/nebraska/castle-doctrine
Just keep in mind that things can be replaced, lives can't. If I looked out my window and saw this happening I would call 911 and stay put. The article you posted mentioned etching your VIN on the cat(s) but that's no guarantee you'll get it/them back. Even if you get it/them back it's quite likely that you will have already replaced it/them. I don't know if insurance will replace the cat(s) even if you have full coverage.
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The duty to retreat must only be applied when one knows they can retreat with complete safety
(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
(i) The actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; ,,,
Statute. 28-1409
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That doesn't fly in Texas. We need to have laws like that here.
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I'd say you're at a fairly big tactical disadvantage in that situation. Bad guy has his gun drawn for most of the video and has the front door covered. Unless you think you can get out the back door and around the side without being heard...AND that you can move through the house with no noise or light.
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Even if you are absolutely magnificent in a gunfight, you can still die. -- Clint Smith