Hypothetical scenario(s)

[Hermit]

So, imagine my dog is outside and she notices some ne'er do well skulking about on my next door neighbor's property (which means he's skulking about two feet away from my house) and raises the alarm.  My neighbor notices the clamor (and sees said individual walking around on his driveway from his upstairs window) and heads outside with a baseball bat.  My wife goes to quiet the dog (we try to be good neighbors and keep her quiet when she's outside) and neighbor guy tells my wife what's up.  My wife meets me at the back door as I head out to quiet the dog and tells me what's up, so I (hypothetically) grab a pistol and head outside to make sure all is well.   Skulker is nowhere to be seen, all is quiet, I go back inside.

So, have I (hypothetically) violated any laws?  I live in Omaha, the handgun is registered (grumble) with the OPD, and I stayed on my own property. 

Hypothetically, imagine my neighbor has apprehended the skulking individual and I assist in detaining said individual with my pistol in my hand.  Have I violated any laws at this point?  What if said detention takes place on my neighbor's property, does that make any difference?  The middle of the street?

I know that if I just ran outside, saw the skulker and started firing away, I'd be running afoul of the law, and I don't have any sort of carry permit so I can't walk around with the thing all day, but what about checking out noises and suspicious activity in my yard/my neighbor's yard?

Moderators: If this belongs in a different location on the forum, feel free to move it, I won't be offended.

[Wildgoose]

It will be intersting to see how folks see this. For my part you are OK for the gun issue in that you did not carry it concealed at any point, its regestered in Omaha and providing your neighbor has no issue with you having it on his property you MIGHT be alright. But, I think you have a lot of problems with the detaining of the assumed evil doer. Was he a thereat to any one? Did he break any laws other than trespassing? Did you point the gun at him or say anything about using it to him? Was he just lost or confused about his whereabouts for some innocent reason? Why and how was your neighbor detaining him. Could some one else see you bringing a gun into the situation as an unnessary act of aggression? Hope you get my dirift here. There is so much in these deals that can go wrong for someone holding a firearm that it takes a lot of thought before you act wihile armed. Very often what you may think is a justified act can be seen in totally diffent light in a court room, where the perpatrator is charging you and your neighbor with having assulted him. I am looking forward to seeing what others think.

[bullit]

You are on a slippery slope leaving your house.  Not breaking any laws per se, but could be very "expensive" in court if you had to shoot the BG.  "Mr. X, why did you not call the police and stay safe in your home?"  My two cents.....

[DaveB]

Brandishing, even on your own property in OMAHAHA is probably going to get you in trouble. When I lived there, I wouldn't even load guns in the car unless it was in the garage.

Self defense is just that. Was someone in harms way, or was it just someone checking out houses? You just can't go around waving guns at people just because they are there. While it would take 20 minutes to get a cop there, it would have been the right thing to do. It's just not your job to police the neighbors.

[mcm80]

That is illegal, hypothetically.  If you have an open carry permit you would be ok but display of a firearm is considered illegal in Omaha unless you have a permit which allows you to do so.

Having said all of that, your life is important and if you were justified in displaying your firearm, who cares if you get a ticket?  You're alive aren't you?

What you SHOULD do in this case is give the gun to your wife who stays INSIDE the house and you go out and assist your neighbor.  It is only lawful to shoot someone if the perp is coming at you and your gun is a force equalizer.  Meaning if he starts shooting water balloons at you and you shoot him with your .45...you are acting beyond the protection of the law.  While your wife is inside, she should call the police.  Who knows who the perp is?  He/she could be a child molester.  If they aren't doing anything wrong, the police will thank you for being vigilant and move on.  If while they do this though, they see you with the gun, they aren't going to care about the perp and probably detain you.

This is another reason we need to have Castle Doctrine passed BTW.  Oh AND, for you to be in trouble someone would have to call you into the police.  Hopefully your hypothetical neighbors are cool.

[2 E L O]

Nebraska doesn't have the Castle Doctrine.  You have a duty to retreat.  Going outside and taking your gun makes you the aggressor, even if the perp attacks you after you get out there.  It's basically the same thing if someone is breaking into your house and then takes off when they hear you are home, you can't go chase them down and shoot them.  As soon as you start pursuing a noise or a bad guy, especially outside, you are now the aggressor.  In Nebraska, even in your own home or vehicle, you have a duty to retreat.

We desperately, desperately need to get the Castle Doctrine passed.

[Jesse T]

You have a duty to retreat as long as you and everyone else can retreat in safety.  If you see your neighbor getting stabbed in his front lawn, are you staying inside and calling the cops or running to aide?

[Hermit]

Thank you all for your replies!  I appreciate it all, and yeah, my hypothetical neighbors are all cool folks.  With all the talk of concealed carry, open carry, the castle doctrine and all that, somehow, this hypothetical scenario never really crossed my radar, and it's more likely (in my case) to become a non-hypothetical scenario at some point.

[Jesse T]

I agree, nebraska has a lot of gray area.  Sometimes the "right" thing and the "legal" thing are very different.

[AAllen]

I need to correct something here, in Nebraska you do not need to retreat "in your home" but outside of it you do.

[FarmerRick]

Not to change the subject, but would Omaha's open carry regulations apply if you are outside your home, but stay on your own property? 

Example: open carrying while mowing your lawn.  Not "brandishing" at all, just mowing the grass.

[ghknives]

It's my understanding, you do not have to retreat 'from' your home

[Dan W]

I would carry concealed in this scenario, and it would be perfectly legal on any land I own or have legal control of, without a permit.

The state has no power to prevent anyone that has not forfeited their rights by criminal acts, from hiding all the firepower they own on their property.

[NE Bull]

This brings back a Council question during comittee meeting on Castel Doctorine last session that has burned on me since hearing her ask. (I believe Ashford may have posed a simular scenerio) -Does the fact that someone has broken into your home while you were not there, or that a rash of home invasions in your neighborhood constitute deadly force?-  Of course not!, But  it sure as hell gives you the right to arm yourself should something not feel right or goes bump in the night. Should the noise turn into something/one bent on doing you harm and threatens you with grave bodily harm, then it is them that crossed the line and you would then be well with-in your means to neutralize the threat.  
Could I shoot someone running off of my property after a break-in? Should I shoot someone knocking on my door at night?  No. But bet you me, I will access my most readily firearm and bring my S/A to full RED.

Sorry to hi-jack, but story time; A few years back we had some freak that escaped and went on a theft and shooting rampage throughout the coutryside around Lincoln, and had yet to be apprehended. At the time I was living on a small acreage in Seward County. That night , not having yet heard of the news of his capture, heard a sound like something had hit the patio door. I jumped from bed, acquired my .45 and while my 2 children slept soundly upstairs I accessed my recently aquired training and proceeded to 'clear' my home and recheck every door lock and peeked through a couple of windows and saw nothing, other than my Border Collie who also seemed extra alert, looking around and sniffing the air. Now, obviously from a tactical stand point, the best thing to do in this situation would be not to step outside a small secured home onto 4 acres of open land with a few outbuildings and shadows.  I stayed up a while longer holding sentry on the living room couch and later backed down and went back to bed. But my question is, and to take Hermit's scenerio a little further, would I have been with-in my rights (as faw as the law is concerned) to investigate the noise outside my home, whether or not I had seen something suspicous outside? To go one step further, what if, the perp then attacked me, would I be within the law to defend myself, or since I had 'become the aggressor' in the eyes of the law, would I then be in the wrong by defending myself and my family?







This is why we need a Castle Doctorine on the books in Nebraska!!![/size]