NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: Chris Z on April 26, 2010, 10:32:20 PM
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Wonder if this was a CHP holder???
http://www.wowt.com/home/headlines/92148904.html
A robbery at a Benson drug store turned to gunfire Monday night. One person is in critical condition. One witness says the victim is one of the robbers.
It happened just before 9pm at the Walgreen's at 61st and NW Radial Highway. Omaha police say shots were fired and one person was taken to Creighton University Medical Center in critical condition.
One witness at the scene said two armed men walked into the Walgreen's. One of them had a shotgun and one of the customer ended up confronting them. The customer also had a gun.
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Wonder if WOWT can't tell the difference between criminals and victims?
I hate to hear of anyone getting shot, but it's an occupation hazard if you choose to take money by force.
/rl
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Yes, CCW holder shoots/kills one robber and holds the other at gunpoint.
Now the question is who was it???
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Updated information:
http://www.omaha.com/article/20100426/NEWS97/100429632#customer-shoots-would-be-robber
Customer shoots would-be robber
BY Susan Szalewski and Mike Holmes
WORLD-HERALD STAFF WRITERS
Police today said a customer fatally shot a would-be robber Monday evening at a busy Walgreens Pharmacy at 6101 Northwest Radial Highway.
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I hate it for whoever it was that had to do the shooting as their life will never be the same, but glad it turned out the way it did and no innocent bystanders were hurt.
Chalk one up for the good guys.
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Certainly, Chalk one up for the good guys!
If this happened more often, there would definitely be a dip in the crime rate!
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WOWT stated he was cited for carrying a concealed weapon even though he has a valid permit. Why? Is that walgreens posted?
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WOWT stated he was cited for carrying a concealed weapon even though he has a valid permit. Why? Is that walgreens posted?
Open carry permit was valid. No CHP
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""McCullough has a valid permit to carry a gun, however, he was cited for carrying a concealed weapon""
Why you ask? It's Omaha, kinda like Calvinball, they make up the rules as they go!
On another note, I remember Ashford (at a commitee hearing) asking about any instances where a NE CHP holder had used thier firearm in self defense. Where... there ya go! In the big 'O' and all over he news. Can't hide the facts now.
I too feel for Mr. McCullough. I pray he is able to move past this and get on with his life, which he and others still have because of his actions.
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WOWT stated he was cited for carrying a concealed weapon even though he has a valid permit. Why? Is that walgreens posted?
Open carry permit was valid. No CHP
Affirmative defense should come into play here, but it will probably have to be decided by the courts....unfortunately. ::)
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Here's a later version of the account:
Updated: April 27, 2010 02:01pm
Investigators say two masked suspects entered the Walgreen's near 61st and NW Radial Highway [Omaha] shortly before 9pm Monday night, one armed with a short shotgun.
Police say the armed suspect had leveled the gun at customers, and one of the customers at the register saw the suspect point the gun in the direction of the register where there were several others standing. This customer who had a valid permit [ed. Open Carry] to carry a gun, drew a handgun from his waistband shot the suspect holding the shotgun multiple times.
The suspect was able to run from the store and collapsed outside. He was taken to the hospital, where he later died.
The second suspect was held in the store by the same customer until officers arrived. The suspect, a 17-year-old male, was booked into the Douglas County Youth Center for Robbery and Use of a Weapon to Commit a Felony.
The customer who shot the first suspect has been identified as 32-year-old Harry McCullough III of Omaha.
Police say McCullough was in possession of a loaded handgun that was concealed on his person without a Concealed Weapons Permit. He did possess a carry permit which only allows a person to carry a loaded handgun in plain view (typically in a holster).
McCullough was cited for a misdemeanor charge of Carrying a Concealed Firearm.
sfg
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He'll use Affirmative Defense ..... hope he gets a sympathetic Jury.
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My contribution to comments at wowt .......
To all you who wish there were more people like this customer: BE THE CHANGE YOU WISH TO SEE. Get a permit. Get Trained. Carry your gun. Continue to train. Pray you never need it, but be ready if you do. There are 1.7 MILLION people in the state and less than 10,000 Concealed Handgun Permit holders. There should be ten times that. You want criminals to be the ones worried if they might be shot? Carry your own gun. Scary? Yes, but most of the fear is the fear of the unknown. Knoledge is power, so empower yourself. You can understand the problem or persist in your ignorance, the choice is YOURS. Google "Concealed Carry classes Nebraska" and you should be able to find somone who can help you. Things don't just happen by themselves: YOU have to accomplish them. Be the change you want to see.
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We need to get all the facts first, then send out an email to all NFOA members, and have them bombard the county attorneys office with phone calls, faxes and emails. Maybe some personal visits to the office or even a picket line. Is this guy a member?
I'm thinking a picket line outside the city attorney's office or county attorney's office, or outside the police station would be monumental. Someone plan it, I will be there as long as graduation doesn't get in the way.
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Ironically, if the CCW charge sticks, this guy will be disqualified from getting a permit.
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Is this guy a member?
No he is not a member.
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WOWT stated he was cited for carrying a concealed weapon even though he has a valid permit. Why? Is that walgreens posted?
No that Walgreens is not posted. I carry there all the time.opefully the city comes to and decides to drop the charges.
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Evening news [Omaha Channel 8] said that the citizen [H. McCullough III] had been previously cited in 1997 for CCW w/o permit.
Might help explain why he didn't have a valid current CCW permit.
sfg
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I forgot all about the seperate permit that Omaha has. When they printed that he had a valid permit I just ASSummed a CCW permit. Hopefully it works out for the guy and no civil or criminal charges are pressed and they let the CCW violation go for his good deed (or lack of evidence) to the community.
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2nd conviction for concealed weapon is a class IV felony :'(
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Once the Dust settles out,
I'd be Most Happy to give Mr. McCullough III a full 1-1/2 day Nebraska CCW course on a One-to-One Basis, totally free of charge,
Just to help Him get on the Straight, Narrow, and Legal Road for his favorite form of carry in the Future.
He can take his chances with the application process and the background check.
sfg
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He is already being taken care of on the ccw class
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The news coverage on channel 6 at 10pm was actually very supportive of the actions taken to protect the customers in the Walgreens, and Mr. McCullough was viewed as a hero and fully justified in using deadly force.
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http://www.ketv.com/news/23275007/detail.html
actually a decent article about this... hopefully they dismiss his citation completely and he is given the credit for being a hero! I would also suggest we "pass the hat" to help with his legal fees .. he's a hero, he shouldn't have to pay for the legal crap after!!
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Even if they make they CCW charge stick, we should back this guy, as a poster child for what is wrong with the law and Society in general. The flippin' DC prosecutor has said the guy "did the right thing", an dif they prosecute him for it, the problem is in the Law, not in his actions.
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Well if it is true that he was cited back in 1997 for carrying concealed, that also means that he had no way to get a CHP once the CHP law was passed because the charge of carrying a concealed weapon automatically disqualifies you from getting the CHP permit. Am I wrong here? From what I remember any violation of any firearm law gets you automatically disqualified from a CHP.
So he did all he could to be as legal as he could be (registering the handgun, getting an Omaha open carry permit) but decided that it was safer and wiser to carry concealed.
And since the shooting was justified city prosecutor Marty Conboy should also do the right thing and drop the charge of "carrying a concealed weapon". If McCullough had done nothing, lives could have been lost. And if a second offense (carrying concealed) is a class 4 felony he will go to prison over this.
We need to get our ducks in a row here and if all this is true we should lobby Marty Conboy and the city to let this man go free. If we have to stage a "protest/picketing line" outside the prosecutors office so be it.
We need to not allow this man and this story to be forgotten. This needs to set a precedent to change our present gun laws to prevent good people from being charged with any crime when they do the right thing.
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"We need to not allow this man and this story to be forgotten. This needs to set a precedent to change our present gun laws to prevent good people from being charged with any crime when they do the right thing."
I'm in. To that end, we need to keep posting and writing to comment sections of the various News outlets- Public Pulse, et al ....
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Guys- Mr McCullough is in the hands of a very good Attorney who is helping him. Out of respect for what little privacy he has left (that the news media has not reported or does not know) I am not going to go into the specifics of his situation here...... I will tell you this though- He is not facing a Felony 2nd offense CCW charge, and he had no firearms violations on his record. Remember the news media only gives you part of the story.
His Attorney is very good, and is working to persuade the County Attorney not to even file the CCW charge. Remember, he has only been cited by OPD... He has not been charged.
Mr McCullough is very thankful for all of the support he is receiving from the public.
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This might shed some more light:
http://www.nptelegraph.com/articles/2010/04/28/news/state/40000322.txt
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So what does everybody think? Is it time to follow the lead of VT, AK, and AZ and push forward with Vermont Carry (http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)#Vermont) legislation here in NE? ;D
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Yes, it is time to do away all these local laws on any type of carry. A permit to open carry in the city of Omaha??? Give me a break??? A upstanding person should be able to carry any place that our police officers can.
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I think it should be added to the list of items that we want/need to push for. I believe that our first priority at the present time is to get a "Castle Doctrine" in place. Just my .02?
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Please put me on the list for whatever support the NFOA is going to provide for this man. Cash, picketing, whatever.
Castle Doctrine, definately!
Ron
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So what does everybody think? Is it time to follow the lead of VT, AK, and AZ and push forward with Vermont Carry (http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)#Vermont) legislation here in NE? ;D
I think more people should stop wishing "there were more guys like him" and DO something: Get permits and Carry!
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It looks like the 97 ccw conviction was for a knife (presumably longer than 3 inches). Also, a firearms charge, so long as it was not a crime of violence, only disqualifies a person from getting a permit for 10 years.
This guy may be elligible now, and if Klein lets the citation go, he may still be elligible when it's all said and done. I'm very glad an instructor has stepped up to the plate to get the guy a training certification so he can get a permit.
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I'd like to buy the guy a box of ammo! A .40, wasn't it?
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.40 it was. Eight shots, four hits, no collateral damage. That sounds better than a lot of police shootings you read about.
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Please put me on the list for whatever support the NFOA is going to provide for this man. Cash, picketing, whatever.
Likewise, definitely let me know if we put together a rally. I'll make sure to be there to take pics and cover it on People's Press Collective (http://www.peoplespresscollective.org) - just in case the mainstream media doesn't show up to cover it, we'll at least have a New Media account of the rally (we've had to be the exclusive coverage on a number of Colorado rallies/protests over the last couple years).
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KETV has posted a video interview (http://www.ketv.com/video/23288954/index.html) with Harry McCullough?s attorney, James Davis. This should serve as a good reminder that if you choose to carry daily, then it's not a bad idea to establish a relationship with an attorney familiar with your state and local firearm laws.
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So what does everybody think? Is it time to follow the lead of VT, AK, and AZ and push forward with Vermont Carry legislation here in NE? Grin
Zombiehunter, that legislation has been introduced many times in the years prior to passing our current CCW law, and it failed miserably every time.
The problem is getting it out of the judiciary committee, and like castle doctrine, it will get watered down before it ever moves to a vote
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We're going to have a heck of a time getting anything out of judiciary as long as Ashford is running it and Council is on it.
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Zombiehunter, that legislation has been introduced many times in the years prior to passing our current CCW law, and it failed miserably every time.
The problem is getting it out of the judiciary committee, and like castle doctrine, it will get watered down before it ever moves to a vote
I somewhat figured so, Dan. And I understand the strategy element of politics and legislation. Get a CCW passed, then go for reciprocity, then go for less State restrictions on where you can carry, then.... I totally get the strategy. Pushing for VT Carry doesn't necessarily mean all in one step. We didn't lose our rights overnight; they were chipped away over time. And that's exactly how we're going to get them back.
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I spoke to a OWH reporter today who is doing a story on "If NE should have Vermont/Alaska/Arizona" style carry today. I was very rushed during a class break to talk to him, but it sounds like he got this idea from a State Senator who suggested NE needs to look at it.
We'll see if this story pans out
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This incident makes a good case for no permit required concealed carry.
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A permit is not needed for someone to do the right thing. A person either does or doesn't.
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I spoke to a OWH reporter today who is doing a story on "If NE should have Vermont/Alaska/Arizona" style carry today. I was very rushed during a class break to talk to him, but it sounds like he got this idea from a State Senator who suggested NE needs to look at it.
We'll see if this story pans out
That can only be good. The more press the more controversy the better it is for our cause. I doubt we will be able to pass it next year but I can see no permit concealed carry eventually coming to Nebraska. It will just depend on common sense, facts and truth being revealed to legislators.
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I'd love that in Nebraska
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I spoke to a OWH reporter today who is doing a story on "If NE should have Vermont/Alaska/Arizona" style carry today. I was very rushed during a class break to talk to him, but it sounds like he got this idea from a State Senator who suggested NE needs to look at it.
We'll see if this story pans out
That can only be good. The more press the more controversy the better it is for our cause. I doubt we will be able to pass it next year but I can see no permit concealed carry eventually coming to Nebraska. It will just depend on common sense, facts and truth being revealed to legislators.
Well said. I'm looking forward to it.
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A permit is not needed for someone to do the right thing. A person either does or doesn't.
If you follow the law and don't carry if you don't have a permit. You may WANT to do the right thing but it could be stupid if you have no gun but perp does.
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Carrying concealed via the Affirmative Defense statute 28-1202 IS carrying within the law.
It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
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I was more referring to the thousands of Nebraskans that have been carrying under Affirmative Defense before CCW permits, and many who still do.
EDIT: As Dan stated above. ^^^
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Everyone note the NFOA Defender sales via Google Checkout are available to help Mr. McCullough through this situation.
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This is an easy way to help a fellow NFOA member and gun owner through a tough situation.
I applaud this man for having the balls to do what he did. Many of us would have wet ourselves, he showed he was the "Bear".
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Not that I wish it on him, but any guesses on how long it is before the family of this 'good boy' drag Mr. McCullough through court for 'Wrongful Death' and tries to take everything he owns.?
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Not that I wish it on him, but any guesses on how long it is before the family of this 'good boy' drag Mr. McCullough through court for 'Wrongful Death' and tries to take everything he owns.?
Could happen, but likely won't. The Mother publicly spoke out that she has forgiven him...
http://www.omaha.com/article/20100429/NEWS01/704299843#robber-s-mom-forgives-shooter
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Wow, thanks, I guess I missed that one.
Good for her being able to forgive through her grief and realizing where the blame actually falls.
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Write me off as cynical, but I wouldn't bet the farm that Mr. McCullough won't face civil charges before all is said and done.
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Donations LINK: http://www.nebraskafirearms.org/ (http://www.nebraskafirearms.org/)
I need some info before I donate to him. Can anyone confirm that if our donations exceed the new S&W MP .40 cal firearm the rest of the money goes directly to Harry J. McCullough III to help with LEGAL DEFENSE?
I have a small army of guys ready to donate and I want to make sure it all goes to him before I ask my friends and family to chip in.
Please get back to me ASAP in this thread and also message me in case I miss the post.
Thanks
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All of the money is going to him. If I were in his shoes, I would appreciate this very much.
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Dan,
The affirmative defense is very limited, and probably wouldn't apply here. Mr. McCullough, by his own admission, was not working at the time he was carrying. I don't like the result, but that is my reading of the law.
It's in Conboy's hands, and Davis is doing a good job of pushing Conboy into a corner where it would be difficult for him to pursue a misdemeanor carrying charge.
I know of one person who did carry under the affirmative defense without issue. That person was an attorney who had been threatened by the husband of a woman the attorney was representing in a divorce. There wasn't enough to charge the husband (no witnesses but the lawyer and the husband) but the county attorney at the time (several decades ago) gave the lawyer a litteral "get out of jail card" in the form of a signed letter that would be presented to the cops if he was caught carrying.
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Husker_Fan, there are more cases than that. Ernie Chambers was not charged with CCW under affirmative defense, I believe that was back in the late 70's.
I remember when I was young someone had made threats against my mother in a court room, before the person could get out of the courthouse the County Sheriff was picking my mother up at work and taking her to a gun store and arming her. His direction, he could not be there all the time to protect her so she needed to carry it all the times.
Affirmative defense is a difficult case to make but valid for persons even when they are not "working". But then it has not yet been definitively established he was concealed. Remember when the CCW law was enacted the definition of what a concealed firearm was changed, and that may apply here more than anything.
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Link to KFAB's Scott Voorhees talking to NFOA past-President Chris Zeeb this morning concerning the shooting and NFOA's donation of a new pistol to Mr. McCullough. Interview starts at about 9 minutes into the recording.
http://www.kfab.com/cc-common/mediaplayer/player.html?redir=yes&mps=ScottVoorhees.php&mid=http://a1135.g.akamai.net/f/1135/18227/1h/cchannel.download.akamai.com/18227/podcast/OMAHA-NE/KFAB-AM/Walgreens%20Warrior%20III%204-30-10.mp3?CPROG=PCAST?CCOMRRMID&CPROG=RICHMEDIA&MARKET=OMAHA-NE&NG_FORMAT=newstalk&NG_ID=kfab1110am&OR_NEWSFORMAT=&OWNER=&SERVER_NAME=www.kfab.com&SITE_ID=611&STATION_ID=KFAB-AM&TRACK= (http://www.kfab.com/cc-common/mediaplayer/player.html?redir=yes&mps=ScottVoorhees.php&mid=http://a1135.g.akamai.net/f/1135/18227/1h/cchannel.download.akamai.com/18227/podcast/OMAHA-NE/KFAB-AM/Walgreens%20Warrior%20III%204-30-10.mp3?CPROG=PCAST?CCOMRRMID&CPROG=RICHMEDIA&MARKET=OMAHA-NE&NG_FORMAT=newstalk&NG_ID=kfab1110am&OR_NEWSFORMAT=&OWNER=&SERVER_NAME=www.kfab.com&SITE_ID=611&STATION_ID=KFAB-AM&TRACK=)
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Donated to this corageous man. I'm glad everything turned out the way it did, no innocent people were harmed and overall it seems the media is protraying this man in a positive light. This guy is certainly a hero and should continue to be touted as such, I think it's great that this board and the NFOA is setting up the donations for this man. Great work guys!!!
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Husker_Fan,
I don't believe that "engaged at the time in any lawful business, calling, or employment at the time he or she was carrying" literally requires one to only be carrying while at work.
I am not a lawyer, so I can only read the statute as it is written. Doesn't mention any limitations other than the requirement to be engaged in legal activities
I read that to mean that one must not be engaged in any illegal activity to claim the affirmative defense.
I don't assume a legal calling need be a job, and I don't buy the "only ones" argument that only certain occupations are deserving of an affirmative defense.
Even lawyers with a "get out of jail free" card need to stand in line at the drug store at times.
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Dan,
That's why I said I don't like the result. It's just my opinion on the meaning of the law, not my preferred meaning. I would prefer a much broader defense.
My antecdote about the atorney was not meant to be the only case I am aware of, just that I think it is indicative of what might be required to win on the defense. I don't think that is the way it should be.
Honestly, a jury may well aquit someone in this situation, but it is far from an easy case. You roll the dice and take your chances.
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Just heard the piece on Channel 7 about NFOA providing Mr. McCullough with a replacement pistol. Good publicity for us. Wonder what the reaction in the community will be.
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Dan and the rest of the Board, thanks for helping Mr. McCullough out. It's good for NFOA, but more importantly, it is good for him.
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I'd like to make a donation. Please post, how to.
Thanks to NFOA for kicking this off.
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NFOA Defender purchases can be made using the Google Checkout at the top of the page, or if you would rather you can send a Check to:
NFOA
P.O. BOX 419
SYRACUSE, NEBRASKA 68446
Please include a note letting us know what the check is for, just to make for easier record keeping.
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This is not about publicity, but about assuring the right to self defense.
Some have questioned our stance as being outside our mission, or our bylaws.
My only objective in working for this cause is to defend the God given right every person has to defend their Life and their Liberty.
If supporting this man, in this instance, does not fit that objective , then I don't know what the hell would
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Now is the time for all 4,000 members of the NFOA to stand up and say "We've had enough!" Disarming this man when the gangbangers have a price on his head? Crazy Libtard Omaha justice! Are they providing him with round the clock security? Hell no! The BOD saw a major injustice and took it upon themselves to take action, similar to what Mr. McCollough did.
We are honorable men, we take action when duty calls.
Not what our bylaws say we can do? We made this organization to fight for freedom, not to sit back and be cowards.
Time to get the emails, faxes, phone calls and letters flowing to the mayor, city and county attorneys and the Governor. Some board members are contacting people all day long, help out and do your part.
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We are honorable men, we take action when duty calls.
and women! :)
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We are honorable men, we take action when duty calls.
and women! :)
Very true. My apologies to the fairer sex.
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Just read the story on WOWT, then started reading the comments. Yeah some good support, but then there are the yahoos who obviously can't read, and like to change the facts all around against James and our fair organization. I decided to just shut the window before I stooped to their level and said something I'd regret later. :tool:
( :angel1: >:D stop fighting you two)
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couldn't resist the post. :)
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He was denied a purchase permit? Not good.
http://www.wowt.com/home/headlines/92532359.html
The Nebraska Firearms Owner Association has offered to buy a new handgun for the man who shot and killed a robbery suspect at an Omaha Walgreens.
Harry "James" McCullough, 32, said he's been overwhelmed by the support from people appreciative of his actions. On Monday, April 26th, he noticed two men, one of them armed with a shotgun, threaten the clerk and another customer at the Walgreens on 61st and NW Radial. That's when he shot the man 4-times, killing him. McCullough then held down the other suspect until police arrived. "You only have one chance," is what he told reporters on Thursday about his reaction.
McCullough who worked in corporate security shoots competitively twice a month at a local gun club. "I carry (my gun) everywhere. It's like a wallet."
Omaha Police have taken his gun, a Smith and Wesson 40-caliber, for the investigation. It may take months for him to get it back.
Douglas County Attorney Don Kleine determined the shooting was justified.
Andy Allen, President of the Nebraska Firearms Owner Association said on the website: "He needs a new carry gun, and the NFOA Board of Directors has made arrangements with an FFL member in the Omaha area to get another S&W for him at dealer cost. The Board has also offered to pay for this firearm for him, and request donations from our members to cover this expense. We had not intended to publicize this donation at this time, but Mr. McCullough thought we should be recognized for our efforts to help him continue to have a way to protect himself."
McCullough was ticketed for carrying concealed without a permit. Investigators say he had the proper paperwork to carry the gun out in the open but not concealed. McCullough says he carries it in his waistband.
Omaha city prosecutor Marty Conboy hasn't determined if there is enough evidence to charge him.
McCullough's attorney believes the citation should be dropped because of the lives he saved.
Andy Allen talked to Channel 6 News Friday. He tells us enough money has been promised to buy McCullough a gun. However, when McCullough went to OPD Headquarters Friday afternoon to apply for a permit to buy a new gun, his permit was denied. Allen says no reason was given by police for the denial.
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Completely incorrect. The Omaha Police Department does not issue purchase permits. OPD requires registration. He attempted to register a gun with OPD, not get a permit to purchase.
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Right, they refused to allow him to register the gun. This is a clear violation of the Second Amendment. Omaha is setting themselves up for a huge lawsuit.
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It does sound like "regulating ownership", doesn't it?
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Probably denied registration because of the pending citation for CC. But since no formal charges have been made (that I know of), the denial of registration apparently is based on someone's attitude. A case, perhaps, of being found guilty before proved innocent.
Wonder what the registration requirements are?
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Oops! Now I see it; the registration may have been denied because of the previous conviction of carrying concealed (knife).
OPD registration denial grounds:
? Not have any previous convictions for carrying concealed weapons....
Still, they apparently issued registration for the .40 he was carrying.
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It does sound like "regulating ownership", doesn't it?
We have a Winner! As long as he doesn't take it into Omaha, he doesn't have to register it.
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I believe he lives in Omaha.
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I believe he lives in Omaha.
Sounds to me like he should vote with his feet. Omaha nannyists are why I don't live in Douglas County.
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I believe he lives in Omaha.
Sounds to me like he should vote with his feet. Omaha nannyists are why I don't live in Douglas County.
Ditto. (Though it was Growmaha's rapacious annexation policy and never sated appetite for tax revenues that caused me to move to rural Cass county in 1997 instead of Elkhorn...... Avoided a whole lot of nasty power grabs, including the "Learning Community BS!)
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Ok, I think Omaha has now gone way too far with their whole registration crap! They are regulating ownership and denying one to own a firearm because of a misdemeanor charge?!!!! This is a violation of the 2nd Amendment. The Supreme Court has already ruled that only felonies can be used to take away this constitutional right! Its time the legislature bans registration of firearms in this state and that they pass full pre-emption of ALL firearms laws. I've had enough of Omaha's shenanigans!
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Ok, I think Omaha has now gone way too far with their whole registration crap! They are regulating ownership and denying one to own a firearm because of a misdemeanor charge?!!!! This is a violation of the 2nd Amendment. The Supreme Court has already ruled that only felonies can be used to take away this constitutional right! Its time the legislature bans registration of firearms in this state and that they pass full pre-emption of ALL firearms laws. I've had enough of Omaha's shenanigans!
Lincoln is just as bad, if not worse.
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http://www.ketv.com/news/23434206/detail.html (http://www.ketv.com/news/23434206/detail.html)
Prosecutor Waits For Video Before Walgreens Decision
Customer Who Killed Would-Be Robber May Be Charged
POSTED: 11:49 am CDT May 3, 2010
UPDATED: 11:59 am CDT May 3, 2010
OMAHA, Neb. --
The city prosecutor said he's waiting to see surveillance video before deciding whether to charge a customer who opened fire inside a Walgreens, killing a would-be armed robber.
Marty Conboy said he hopes to make a decision by Wednesday in the case of James McCullough.
Police said McCullough shot and killed Marquail Thomas last week at the store near 61st Street and Northwest Radial Highway.
Conboy said the video will help show whether McCullough's weapon was completely concealed. McCullough had a permit to carry a weapon, but under state law, the weapon isn't supposed to be concealed.
Thomas' weapon, a sawed-off shotgun, turned out to be unloaded.
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Omaha's registration is may-issue, and subject to all the bias abuses of may-issue systems everywhere. If you bring a gun you already own to OPD headquarters to register and they decide they don't like you, they keep your gun.
On a somewhat better note, I just got my Front Sight members' newsletter today, and they have a free lifetime membership waiting for Mr. McCullough (http://www.ignatius-piazza-front-sight.com/2010/05/03/walgreens-shooting-another-great-post-gunfight-interview/).
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OUTSTANDING! Glad to see Front Sight stepping up!
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http://www.ketv.com/news/23450576/detail.html (http://www.ketv.com/news/23450576/detail.html)
No Charges For Walgreens Shooter
POSTED: 2:12 pm CDT May 4, 2010
UPDATED: 2:31 pm CDT May 4, 2010
OMAHA, Neb. --
The customer who killed a would-be robber inside an Omaha Walgreens will not be charged, according to the city prosecutor.
Marty Conboy made his decision Tuesday just after 2 p.m., saying James McCullough's weapon was not completely concealed during the incident.
McCullough opened fire on 18-year-old Marquail Thomas after police said Thomas barged into the store with a sawed-off shotgun and demanded money.
McCullough had a registered weapon but no permit to carry it concealed.
Conboy said police did the right thing by ticketing him and prosecutors acted prudently to review all available evidence before making a decision.
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Most excellent news! So OPD will register his new gun now, right?
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wonder if / when they'll give him back his old gun!?!?!
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No Charges In Walgreens Shooting
States Omaha Prosecutor Marty Conboy
Read and watch video.
http://www.omaha.com/article/20100504/NEWS97/100509805&frompost=1
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great video...
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wonder if / when they'll give him back his old gun!?!?!
I've always wondered how that worked. Anybody have any insight?
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Wow, Conboy is getting mellow in his old age! Probably the first time he has done anything right.
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So any word on our fight to overthrow Omaha's registration ordinance?
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anybody that knows Mr. McCullough should tell him that Front Sight has offered him a free Lifetime Legacy Membership!
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He knows, Thanks!
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"He was able to produce it fairly quickly, and knew right where it was, so it was obviously in a place where normal movements would have exposed it," Conboy said. "And if that's the case, we can't go forward."
So ...... practice your drawstroke and you are not concealing?
Ummmm..... this seems like it was a polititical decision: If Conboy brought charges, the public outrage would crush him and his political cronies.
Just because it ended like we want it to does not mean it was done right.
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wonder if / when they'll give him back his old gun!?!?!
I've always wondered how that worked. Anybody have any insight?
I'm sure it will be used as evidence in the case against the other two thugs involved in the robbery. Because of the "speediness" ::) of the court system in Omaha, that trial most likely won't happen for a year or so.
James will be lucky to ever see it again.
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Sounds to me there needs to be a law requiring immediate restoration of personal property seized by law enforcement if no charges are filed.
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Sounds to me there needs to be a law requiring immediate restoration of personal property seized by law enforcement if no charges are filed.
Agreed, once the ballistics testing is done there is no reason that I know of to keep it.
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"He was able to produce it fairly quickly, and knew right where it was, so it was obviously in a place where normal movements would have exposed it," Conboy said. "And if that's the case, we can't go forward."
So ...... practice your drawstroke and you are not concealing?
Ummmm..... this seems like it was a polititical decision: If Conboy brought charges, the public outrage would crush him and his political cronies.
Just because it ended like we want it to does not mean it was done right.
Doesn't mean it was done wrong either. No evidence to prove the charges, no witnesses that would testify as to the visibility of the firearm.
Innocent until proven guilty...No?
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Innocent until proven guilty...No?
Wait. We still do that? ::)
And regarding the return of his M&P... I can understand OPD's retention of the shotgun because it was used in the crime the two gang members are being accused of. But James' handgun wasn't used to commit a crime. I have to wonder if there is any other form of (legal) private property that the OPD would retain for a potentially indefinite period when not used to commit a crime?
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The M&P has to be held for the trial's of the robbers...... Don't know why, doesn't make sense, but that is our justice system.
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It sounds wierd that his gun has to be held for the robbers' trial, but the surviving robbers can be charged differently, or subjected to a higher sentence because someone died as a result of the robbery. This can be true even if the felony murder statute in Nebraksa doesn't apply (I don't know if it does). The county attorney needs the gun because it is evidence about the death of one of the suspects and he can use that evidence to pursue aggravated charges.
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The M&P has to be held for the trial's of the robbers...... Don't know why, doesn't make sense, but that is our justice system.
I am undergoing something similar right now with my phone. They have to keep it so that if the defense attorney wants his/her own experts to validate the states findings the items must be available for them in an unchanged condition. Knowing how long these things take James may not see his weapon for at least a year, and quite possibly longer. Its going to be 6 months before I get my Blackberry back.
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The M&P has to be held for the trial's of the robbers...... Don't know why, doesn't make sense, but that is our justice system.
are the robbers being charged with their friend's murder? Thats how it worked back in IL. A couple years ago, a group of teenagers broke into a house. The person living there killed 1 of them. After the burglars were caught, they were charged with Burglary, B&E, and 2nd Degree Murder.