If you value the second amendment, there's a good chance you also believe in the people's right to defend themselves, using deadly force if necessary. Nebraska's constitution declares its citizens have the right to bear arms to defend themselves, their families, and their homes (property), and others. Yet, the courts have precendents requiring people to retreat, if possible, and to only use deadly force if in fear for their lives, serious bodily harm, sexual assault, or kidnapping. If you are out walking your dog, and a person (or persons) confront you and demand your wallet or other property, you could be subject to criminal charges should you respond by drawing a legally carried firearm, especially if you shoot the perpetrator or even fire a warning shot. You may be required to prove that you feared for you life and that you were unable to retreat. You could be charged with, assault, disturbing the peace, discharging a firearm within the city limits, and probably a number of other offenses. You could also find yourself the defendent in a civil suit brought about by the perpetrator (or family thereof) for causing serious injury or death.
Please, call or write your state legislators today and urge their support for LB889. It will provide safeguards against criminal charges or civil suits for simply exercising your right to self-defense.
Do it right now!
If you need help finding your senator, or contact information, just let me know. I will help you.
Saturday, January 16, 2010
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Fire a warning shot?!?!? No way! If I feel I must fire, it will be COM.
ReplyDeleteI don't recall seeing your comment until just now; not sure how I missed it. Obviously, I don't spend a lot of time on this blog. I would if more people were reading it. I'd like to provide a place for civil discussion of gun-related issues.
DeleteAs for a warning shot, I understand your view, and as a matter of law, you are probably better off. However, I can certainly see another point of view. If one were in a situation where they felt a warning shot would be sufficient to put an end to any threat they faced, I can see how they might take that option rather than someone's life. The law being what it is, you might still be faced with charges ranging from disturbing the peace, to attempted murder. For some, though, they'd rather have that to deal with than to have someone's death on their conscience.