Regional News
Shooting without death threat could be OK in Neb
Published Sunday, February 07, 2010 at 02:55 PM

By NATE JENKINS

Associated Press Writer

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LINCOLN, Neb. (AP) -- It's late at night and there's a loud popping noise, like a lock being busted. Then, the front door creaks open.

You grab a pistol from the nightstand drawer and slip out of bad. You find a masked, but apparently unarmed, man in your house.

Should you be able to shoot him without fear of being prosecuted?

Some lawmakers and the National Rifle Association think so, and they're pushing hard for Nebraska to become the 25th state with a so-called castle-doctrine law that gives shooters significantly more legal protections.

Opponents see a slew of problems with the measure, including that it would allow deadly force in cases where it may not be clearly warranted: a burglary, for example, where the intruder doesn't threaten harm.

"It adds uncertainty and the ability for people to get away with killing people when it's not justified," said Howard County Attorney Robert Sivick, speaking on behalf of the Nebraska County Attorney Association. "It will make it more dangerous to be a police officer, a utility worker or the guy down the street with Alzheimer's who tends to wander around."

Those scenarios haven't played out in states where the law exists, and supporters say those arguments disguise the law's real-world benefits.

The Nebraska bill would allow people to use deadly force if they have reason to believe someone is going to commit felonies that include the use of force. The felonies are not clearly defined in the bill, but an NRA lobbyist pushing the proposal acknowledges they could include crimes such as burglary and stalking.

Currently, deadly force can be used only when there is a threat of death, bodily harm or rape.

"If you wait until someone has displayed a weapon ... or is physically attacking you, you may not have the opportunity to defend yourself," said Sen. Mark Christensen of Imperial, who introduced the bill (LB889). "If someone's broken in, they've already committed a felony and I should be able to defend myself immediately."

Castle-doctrine laws swept across the country over just the last seven years, making it difficult to gauge whether they have met the expectations of either supporters or opponents. But some cases have popped up that provide clues about how the laws are being used.

In Missouri, Attorney General Chris Koster cited that state's castle-doctrine law when choosing not to file charges against a former jail administrator who shot and killed her ex-boyfriend. The ex-boyfriend, under a court order to stay away from the woman, was shot after he climbed through her window.

In Florida, an appellate court said the law allows the use of deadly force for self-protection, even if an attacker or intruder is in retreat.

A key element of the castle-doctrine laws is the new, legal presumption that a shooter needed to use deadly force. That makes it harder for prosecutors to prove that using deadly force was unjustified.

"If this happens in your house, you don't have to prove your actions were justified - they were justified" unless prosecutors can prove otherwise, said NRA lobbyist Jordan Austin.

The Nebraska bill would also shield shooters from civil lawsuits and clarify that when confronted with danger, one would not have to first retreat or surrender possessions to avoid using deadly force.


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