Nebraska Castle Doctrine and Stand your Ground laws

[LTCetme]

I know we were going to get these laws and they were tabled with the whole Zimmerman controversy.

After some internet searches (perhaps my search foo is weak) I was not able to ascertain the status of the laws currently. Are they dead for sure? Who must we contact to get things back up and moving? I've been sending my usual letters and emails but I'd like to be more specific.

Is there a grassroots effort I can participate in?

[NE Bull]

As you said everything is on hiatus for the moment (but not necessarily due to GZ case) Mostly due to some legislative slight of hand. 
Generally speaking we do have Castle Doctrine in Nebraska in as we are not required to retreat from our homes, now extending that to car, business, anyplace you have a right to be- (essentially SYG) hasn't really went anywhere.
Now the Civil Liability Protection- aka Victim Protection Act- is the biggie that the NFOA was trying for, In a nutshell the bill got neutered. 
I believe it is on the agenda to go after all this again, but first we must work ( thru the NFOA-PAC) to get the soon to be (term limit) vacated seats especially those on the Judicial Committee, filled with pro gun, common sense legislators.
AAllen had a nice write up elsewhere here on this all recently, but for the life of me I can not find it.

[Lorimor]

Not while the Cobra is in Lincoln.

[GreyGeek]

AAlan,  here is the research  you wanted about  justifiable homicide and the stand your ground law in Florida, all in one database!

It turns out that the data shows that Blacks have benefited more from the Stand Your Ground Law than any other ethnic group.
http://www.tampabay.com/stand-your-ground-law/fatal-cases

The Zimmerman controversy started with the DOJ sending one  of its CRS teams to Stanford, Florida to "advise" certain groups on how to protest police ruling, which lead to the protests, which lead to the state making its ridiculous charge, followed by the travesty of its prosecution.     This isn't the first time the Holder's subordinates have tried to "salt the mines" of anti-2A sentiment.

[NE Bull]

Not while the Cobra is in Lincoln.

Only partly true, sir.  If you look at the group of Senators that are leaving due to Term Limits, we have a real chance at loading the Judicial Committee with like minded individuals.  Notably leaving are- McGill, Lathrop, Ashford, Avery of the JC. If the we can support the NFOA-PAC in filling those seats with the right people, the Cobra will be nothing more than an annoying little Garter Snake.  (Unfortunately, I believe we will also lose allies such as Christensen)

[bkoenig]

That's assuming the rest of the Senators are willing to stand up to Chambers' bullying.  Even if it makes it out of committee he will threaten to filibuster anything that doesn't have his approval.  They will need our support and encouragement to not let him push them around.

[AAllen]

Castle Doctrine, Stand Your Ground, Civil Liability Protections, and Presumption of Reasonable Fear (or Presumption of Innocence, gets referred to by lots of names) are fairly well defined here: http://nebraskafirearms.org/forum/index.php/topic,9650.20.html

While no bill being introduced anywhere today is a clear strict version of any of these terms we need to be vary careful in what we ask for.  The examples given; when Castle Doctrine first was proposed it was removing the duty to retreat in your home only, Nebraska has never had a duty to retreat in your home.  Stand Your Ground has become a dirty word so something else needs to be used (NFOA's "Victim Protection Act").

The Zimmerman hold off, that is one of the many reasons that this has not been pushed in the last year, not only here but in many states.  Another thing that we need to do is decide what exactly we are after.  Rather than trying to make one big bill that is some type of hybrid of these possibilities I think we need to pick one piece and go after it, then go after another once we get the first.

As mentioned we do not need the Castle Doctrine and people that keep asking for it only make it more difficult to get any of the other items passed.  We got a small piece of the Civil Liability Protection, and this can always be expanded later (and should, but next year is not the time).  So it comes down to removing the duty to retreat in public (SYG) or presumption of innocence.  While the press is focused on SYG after the Zimmerman trial perhaps going after the presumption of innocence piece (that actually helped Mr. Zimmerman) would be what we should try for.  Just a small bill that moves Self Defense from being something you need to prove (as the person using it) to something the State would need to disprove to get a conviction.

[AAllen]

It turns out that the data shows that Blacks have benefited more from the Stand Your Ground Law than any other ethnic group.
http://www.tampabay.com/stand-your-ground-law/fatal-cases

A news article out today about this very subject:
http://dailycaller.com/2013/07/16/blacks-benefit-from-florida-stand-your-ground-law-at-disproportionate-rate/

[bullit]

That's assuming the rest of the Senators are willing to stand up to Chambers' bullying.  Even if it makes it out of committee he will threaten to filibuster anything that doesn't have his approval.  They will need our support and encouragement to not let him push them around.

+1 here.....The Cobra made a fool out some the gun owners at this most recent JC hearing in the Spring, even having Ashford remove one them...and did all without raising his voice or even directly addressing them....one thing about EC is that he is one of the most talented debaters and THE MOST knowledgeable member of the Unicameral.

[AAllen]

Folks I think everyone is giving Ernie more than he is due.  Is he skilled at what he does, yes, but he can be beat.  We just need to recruit and teach a new batch of Senators on how to do so.  Remember he has 40 years of practice at this, but he makes mistakes just like everyone else.  We need to be ready and able to capitalize when he does.

As far as the issues this year, some things this year go to setting up others next year and the year after.  These battles are not won overnight but take time to mature.

[RLMoeller]

I think everyone is giving Ernie more than he is due. 

I agree.  The reason Ernie is so effective is because he understands the rules of the legislature, inside and out.  It would seem that many senators don't take the time to really learn the rules to that deep of a level.  As such, they won't take on Ernie because they know what they don't know and want to be schooled.   

It is vitally important that we get some good candidates for the 2014 race.  And it's very important that those we elect put effort into really learning the rules.

[Burnsy87]

Castle Doctrine shouldn't be at the top of our list, mainly because our laws are pretty good in that regard.  We could lose something if we go after it.

Civil liability and the Victim Protection Act are a couple things that we should be focused on instead.

[CitizenClark]

.

[GreyGeek]

We just need to recruit and teach a new batch of Senators on how to do so.  Remember he has 40 years of practice at this, but he makes mistakes just like everyone else.  We need to be ready and able to capitalize when he does.

And NOT discuss such tactics in  open forums like this one.   I suspect that he reads this site just to keep on top.  I would if I were him.

[cad]

Where can I read more about NE's specifics on these items?
Civil liability and the Victim Protection Act LB804...google shows it was being "made a priority", but did it make it into law and where can more details be found?

Thank you.

[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]

LEGISLATIVE  BILL  804
LB 804

Approved  by  the  Governor
 April  11,  2012

Introduced 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.

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.