it’s always the same old tired, worn out ‘objections’ that have never happened.
Nebraska Legislators consider bill to alter self-defense laws
LINCOLN, Neb. (WOWT) – On Thursday the Nebraska Legislature’s Judiciary Committee heard testimony on a proposal that would allow the use of force to defend yourself or someone else from serious harm without the “duty to retreat”—that is, the requirement for you to first try to leave the situation and go to safety, if possible.
It would also give you immunity from prosecution for using that justifiable force.
“I’ll address the first point of the bill removing the duty to retreat from our state laws,” said Sen. Brian Hardin, who proposed the bill. “Bills similar to this are often referred to as stand your ground laws.”
Hardin said this would provide an avenue to ensure that an individual who is already a victim of a crime and had to use force as self-defense is not also “victimized by the legal system.”
Supporters said it’s not just related to firearms.
“Whether armed or unarmed, the idea that citizens are required to endanger themselves by turning their backs and running away from a clear-and-present danger is nonsensical, especially when you understand the remainder of our self-defense statutes,” said Patricia Harrold, who is the Nebraska director of Women for Gun Rights.
Opponents said that’s not an accurate portrayal.
Under current state law you are not required to retreat first if you’re in your home or workplace.
“Traditional self-defense laws, like Nebraska’s, do not prohibit a person from using deadly force if they believe it’s necessary to protect against serious harm,” said Alison Shih, legal counsel for the gun violence prevention group Everytown for Gun Safety. “It merely requires a person to take an alternative course of action when they are in a threatening situation outside of their home, if they know that they can safely do so.”
Douglas County Attorney Don Kleine also worries about the repercussions it could have when dealing with criminals.
“We have gang problems in Omaha at times,” Kleine said. “I’m worried about a gang involved with another gang and using this defense saying, ‘Well, I had to use deadly force because I thought this other gang member was going to draw it out on me, and so I shot.’
“So there’s all sorts of consequences for this that I think are unintended.”
Hardin disputed other critics, saying it would not give someone “a license to kill.”
His proposal first has to make it out of the Judiciary Committee before it can be debated on the floor.