While the Committee Amendment negotiated by Senator Lathrop removes the second and third provisions we’ve been fighting for: ability to presume that someone who isn’t supposed to be in your house and who has entered with force is there to do harm to you or your family and extending the ability to use force to defend yourself while in your vehicle or any other place you have a right to be, we still see this as a big win in the fight to protect Nebraskans who are the victims of violent criminals. Much like our concealed carry permit system, to make progress we sometimes need to continue to take small bites to get what we want. This is the first bite to making sure criminals do not have more legal protections than the victims they attack.

This amended version of LB 804 was voted forward by the Judiciary Committee today and should be reported to the entire Legislature tomorrow.To get this portion of the bill moved forward, the NFOA, the NRA, and Senators Fulton and Lautenbaugh had to promise to support the amendment and not try to amend this negotiated version, so the NFOA as an organization will not be taking a stance on any amendments that others may bring forward. Stay tuned and keep active with your NFOA and we’ll continue to keep you updated as the amended LB804 advances through the general assembly on its way to becoming law!

LINCOLN – February 16, 2012.  Senator Tony Fulton announced that he’s making LB804, the Victim Protection Act, his priority bill for this session.  For this, Senator Fulton received praise from the Nebraska Firearms Owners Association (NFOA) and other citizen groups who have been asking the Legislature for a Victim Protection Act in Nebraska.  Additional information on LB804, the Victim Protection Act, can be found at ProtectVictimsNOW.org.

“Today Senator Fulton has stood up and shown that protecting victims of crime in Nebraska is one of his top priorities,” NFOA President Andy Allen stated.  “This bill is not just a priority for the Senator; it’s a priority for Nebraska.  Once passed, crime victims will be protected with immunity against civil lawsuits if a criminal intruder or his family tries to sue the victim for injuries the criminal received while committing his crime.  It’s hard to believe, but under current Nebraska law, if a criminal is injured by the victim defending themselves, then the criminal can sue the victim even if the victim is found not guilty of a crime or reckless behavior.  LB804 will protect crime victims in Nebraska.”

The Victim Protection Act would provide Nebraskans three important protections:
1. Provide civil immunity to a victim of crime from being sued by their criminal attacker (or the criminal’s family) if the victim uses force to defend themselves and is also found to be not guilty of a criminal or reckless act.
2. Provide ability to presume that someone who isn’t supposed to be in your house and who has entered with force is there to do harm to you or your family.
3. Extend ability to use force to defend yourself while in your vehicle.

Further information on LB804, the Victim Protection Act, can be found at ProtectVictimsNOW.org, an educational campaign sponsored by the NFOA.

Nebraska Firearms Owners Association is the largest firearms rights organization in the state of Nebraska, and membership is free for all Nebraskans concerned with their right to keep and bear arms; simply sign-up at www.nebraskafirearms.org/join.  We are local firearms owners who have a personal interest in protecting firearms owners’ rights in Nebraska.

Mission -
Nebraska Firearms Owners Association (NFOA) is organized for the purpose of voicing the opinion of its membership to the Nebraska Legislature and other law making bodies within the state as well as Federal level, as it pertains to firearms. NFOA members will also make it a priority to educate residents on firearms related issues.

On the web: www.NebraskaFirearms.org or email: AAllen@NebraskaFirearms.org for more information.

Contacts:
Andreas (Andy) Allen
President NFOA
P.O. BOX 419
Syracuse, Nebraska 68446
(402)321-5520

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OMAHA, NE February 14, 2012 – Sarah McKinley, an 18-year-old Oklahoma mother who was forced to shoot an armed intruder in her home last New Year’s Eve, has released an open letter to Nebraska residents that supports the efforts of the Nebraska Firearms Owners Association (NFOA) and other citizen groups in trying to pass a Victim Protection Act in Nebraska. A copy of her letter is attached and can also be found at ProtectVictimsNOW.org.

On the evening of December 31, 2011, Mrs. McKinley and her infant son were home alone, as her husband had passed away just a week before after a painful fight against cancer. Two stalkers had chosen her as their victim and were outside her home banging on doors trying to enter. She called 911 for help, pushed the couch to barricade the door, grabbed her shotgun and moved with her son to another room. While the 911 dispatcher was not able to answer her question whether it was okay to shoot the intruder if he came through her door, the dispatcher did tell her to do whatever was needed to do to protect her baby. After the man forcibly entered her house, Sarah did just that. When the police arrived, they found the intruder dead on the couch barricade and clutching a knife.

“Mrs. McKinley is fortunate that she and her son survived that terrible home invasion without any physical harm,” NFOA President Andy Allen stated after reading Sarah’s letter. “She’s also lucky that this happened in Oklahoma, where state laws protect her not just from criminal charges but also against being sued by the intruder or his family looking to make a quick buck. Here in Nebraska she wouldn’t enjoy immunity against civil lawsuits if the criminal intruder or his family wanted to sue her for injuries received while she protected herself and her infant.”

Currently there is a bill, LB804 the Victim Protection Act, which would protect victims in Nebraska with immunity against civil lawsuits by criminals when the victim must use force to defend themselves or their family. Unfortunately a handful of Senators in the Nebraska Legislature’s Judiciary Committee are obstructing LB804 from advancing to the general assembly for debate and a vote. Concerned citizens are encouraged to call and write their Senator to ask them to demand the Judiciary Committee allow an open discussion of the bill on the floor by all Senators representing all of Nebraska’s residents. Additionally, more information on LB804, the Victim Protection Act, can be found at ProtectVictimsNOW.org, an educational campaign sponsored by the NFOA.

Nebraska Firearms Owners Association is the largest firearms rights organization in the state of Nebraska, and membership is free for all Nebraskans concerned with their right to keep and bear arms; simply sign-up at www.nebraskafirearms.org/join. We are local firearms owners who have a personal interest in protecting firearms owners’ rights in Nebraska.

Mission -
Nebraska Firearms Owners Association (NFOA) is organized for the purpose of voicing the opinion of its membership to the Nebraska Legislature and other law making bodies within the state as well as Federal level, as it pertains to firearms. NFOA members will also make it a priority to educate residents on firearms related issues.

On the web: www.NebraskaFirearms.org or email: AAllen@NebraskaFirearms.org for more information.

Contacts:
Andreas (Andy) Allen
President NFOA
P.O. BOX 419
Syracuse, Nebraska 68446
(402)321-5520

Attachment:

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ProtectVictimsNow.org radio spot

Radio airtime isn’t free, so if you enjoyed that ad spot and you’re interested in hearing more of them, then we need your help. Remember, this education campaign for LB804: the Victim Protection Act is a non-profit effort that is supported entirely by volunteers and donations. If you are interested in helping support us as we expand awareness of the Victim Protection Act, then please consider donating $1, $5, $10, or $25 to the ProtectVictimsNow.org operation. We also want to send a big thank you to all of those who have donated money to put this current ad on the air; without you guys, we would not have been able to expand the ProtectVictimsNow.org campaign to the airwaves!

Thanks, and don’t forget to contact the members of the Judiciary Committee to ask them to support LB804: the Victim Protection Act!

Oh, and make sure to use the Share/Save toolbar below to easily spread the word on Facebook, Twitter, and social media:

Oh, and for Facebook, Twitter, and social media, you can use the Share/Save toolbar below to easily tell your friends and family about ProtectVictimsNow.org:

Here’s what you need to do:

Judiciary Committee of Nebraska Legislature

• Sen. Brad Ashford – Chair
• District 20
• Email: bashford@leg.ne.gov

• Sen. Colby Coash
• District 27
• Email: ccoash@leg.ne.gov

• Sen. Brenda Council
• District 11
• Email: bcouncil@leg.ne.gov

• Sen. Burke Harr
• District 08
• Email: bharr@leg.ne.gov

• Sen. Tyson Larson
• District 40
• Email: tlarson@leg.ne.gov

• Sen. Steve Lathrop
• District 12
• Email: slathrop@leg.ne.gov

• Sen. Scott Lautenbaugh
• District 18
• Email: slautenbaugh@leg.ne.gov

• Sen. Amanda McGill
• District 26
• Email: amcgill@leg.ne.gov

Don’t know who your State Senator is?  Then check out: Find your State Senator webpage.

Segment 1 ProtectVictimsNow.org Crash Davis Show Friday 1/6/12

Segment 2 ProtectVictimsNow.org Crash Davis Show Friday 1/6/12

Some people are saying that a Victim Protection Act or Castle Doctrine in Nebraska would make it easier for someone to kill another person and get off without being charged with murder. That claim is not only untrue, but it’s an outright lie.

 
Would you like to play a game? In the following scenarios, see if you can tell me whether a criminal court would find your use of deadly force justified when a person is:

Trying to steal your vehicle while you’re in it?
Trying to steal your parked vehicle?
Trying to steal your parked vehicle with your child in the backseat?
Pointing a gun at you and threatening to shoot you because of your gender or race?
Pointing a gun at you demanding your wallet?
Pointing a knife at you demanding your wallet?
Pointing a baseball bat at you demanding your wallet?
Pointing a knife at and threatening to harm your spouse?
Pointing a gun at and threatening to shoot your best friend?
Has his hand in his jacket pocket threatening to kill you?
Walking away, gun still in hand, after mugging you at gunpoint and bloodying your nose with a series of punches?

Those questions should be easy for you to answer. In order to use deadly force against another person, there must be an immediate and unavoidable danger of death or serious bodily harm to an innocent. Let’s consider Masaad Ayoob’s threat triangle of the three elements that must be present to justify the use of deadly force: Ability, Opportunity, and Jeopardy. Prosecutors look for all three elements to be present prior to charging the victim in a self defense case where deadly force is used against the attacker. Further, when all three elements are present, a reasonable person (i.e. a juror) would consider a victim to be in immediate and unavoidable danger, but if one piece is missing, the victim may have a difficult time convincing a jury that deadly force was justified. Let’s consider each element individually:

Ability
Ability means an attacker is capable of causing death or serious bodily harm. This can be through the use of a tool such as a gun, knife, or even a baseball bat, or it could be through a size disparity between a 250-lb man and 120-lb woman or elderly man in a wheelchair.

Opportunity
Opportunity means an attacker has the chance to cause death or serious bodily harm. Opportunity is frequently relative to the tool being used and the distance of the attacker from the victim. A barehanded thug would need to be much closer to a victim than an attacker armed with a crossbow.

Jeopardy
Jeopardy is a bit more abstract than the other two elements because it deals with intent. An attacker must make it evident that their intent is to cause death or serious bodily harm. It can be verbal, such as a threat of beating you to death. But actions can also reveal intent, such as swinging a golf club at your head or firing a handgun at you but unintentionally missing.

If you remove any one of those elements, then deadly force is not justified and you could be on your way to a lengthy vacation with a new roommate named Bubba. Consider these scenarios where one element is missing and deadly force would certainly not be justified:

No Ability – A 5 year-old girl swinging her fists, beating on your legs while wailing that she is going to kill you for not buying her a candy bar. She has the Opportunity and Jeopardy boxes checked, but not the Ability.

No Opportunity – A 250-lb weightlifter calls you over the phone and explains he’s going to kill you and use your head as a soccer ball. While the gym rat certainly has satisfied the Ability and Jeopardy elements, you are not justified in driving over to his house and preemptively shooting him, because over the phone, he has no Opportunity.

No Jeopardy – While jogging on a trail in the park as the sun sets, you notice a handgun holstered on the hip of a female jogger approaching you from the opposite direction. With the firearm and her proximity, she certainly has the Ability and the Opportunity, but unless she makes any verbal or nonverbal threats, Jeopardy is not present.

Don’t believe lies that a Victim Protection Act will allow Nebraskans to shoot their neighbors. Deadly force must be justified and no legislative bill is going to change that. However, a Victim Protection Act would protect a victim from frivolous lawsuits by the attacker if a court finds the actions of the victim to be justified.

OMAHA, NE January 6, 2012 – The Nebraska Firearms Owners Association (NFOA), announced the official launch of ProtectVictimsNow.org, a website aimed at educating and promoting the passage of a Victim Protection Act in Nebraska.

Twenty-nine states have updated their self defense laws in recent years. Of the 21 remaining states, several already had laws that recognized these changes in self defense jurisprudence. This leaves Nebraska as one of the last states to enact such legislation. Over the last several years, there have been multiple bills and public hearings to attempt to move these changes through our Legislature. This year the NFOA is renewing our request that the Legislature take the steps necessary to update the self defense laws of our state.

Nebraskans deserve the same legal protections that citizens of other states have, and we are demanding that our elected officials perform their jobs and get this overdue action done.

“The recent news story of the 18 year-old Oklahoma mother defending herself and her infant by shooting an armed criminal breaking into her home has increased mainstream interest in protecting the victims of violent crime,” NFOA President Andy Allen stated. “Law abiding Nebraskans are concerned about not only the safety of their families, but about being prosecuted or sued by a criminal if they are ever in a situation where they must use force to protect their families. A Victim Protection Act will protect those who use justified force when attacked by a criminal, so the NFOA launched ProtectVictimsNow.org to educate Nebraskans on this important legislation.”

Nebraska Firearms Owners Association is the largest firearms rights organization in the state of Nebraska, and membership is free for all Nebraskans concerned with their right to keep and bear arms; simply sign-up at www.nebraskafirearms.org/join. We are local firearms owners who have a personal interest in protecting firearms owners’ rights in Nebraska.

On the web: www.NebraskaFirearms.org or email: AAllen@NebraskaFirearms.org for more information.

Contacts:
Andreas (Andy) Allen
President NFOA
P.O. BOX 419
Syracuse, Nebraska 68446
(402)321-5520

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