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Nebraska woman with concealed-carry permit arrested on assault charge
MarkB:
Another case of shooting when you shouldn't. The BG was fleeing the scene when he was shot by the CCW carrier. from Fox News.
https://www.foxnews.com/us/nebraska-woman-with-concealed-carry-permit-arrested-on-assault-charge-after-shooting-fleeing-shoplifting-suspect
Clarence:
Nebraska requires training. Just shows that you cannot instil common sense.
Never bring a gun into the situation unless it is life threatening.
I would hope if this really is the way it played out that a very serious sentence is handed down.
Just Bill:
Shoplifting is not exactly a life threatening crime, unless the perp was armed. I might consider drawing on them as a warning, but not worth shooting. As in stop, halt you genius!!
It sounds like she was a good shot, however. I only skimmed the article, where was he shot?? If in the back, there is no defense on her part.
Clarence:
--- Quote from: Just Bill on August 31, 2019, 12:39:30 PM ---Shoplifting is not exactly a life threatening crime, unless the perp was armed. I might consider drawing on them as a warning, but not worth shooting. As in stop, halt you genius!!
It sounds like she was a good shot, however. I only skimmed the article, where was he shot?? If in the back, there is no defense on her part.
--- End quote ---
I would not draw on a shoplifter especially as a bystander. An aggressive prosecutor will file an assault or brandishing charge.
Do not bring a gun into the situation unless to defend life, limb or maidenhead.
navitimer806:
--- Quote from: Just Bill on August 31, 2019, 12:39:30 PM ---Shoplifting is not exactly a life threatening crime, unless the perp was armed. I might consider drawing on them as a warning, but not worth shooting. As in stop, halt you genius!!
It sounds like she was a good shot, however. I only skimmed the article, where was he shot?? If in the back, there is no defense on her part.
--- End quote ---
Emphasizes the need for persons holding a CCDW to know the legal elements required to employ an affirmative claim of self-defense. Drawing a weapon satisfies the requirement for assault in most states and subjects you to deadly force used against you as you now meet one of the 5 requirements - you are now an imminent threat.
The five elements:
1. innocence
2. imminence
3. proportionality
4. avoidance
5. reasonableness
the avoidance element is not required in so called stand your ground states. All elements have to be present to justify self defense.
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