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STAFF ED: Nebraska Castle Laws are a dangerous proposition

Published: Monday, February 8, 2010

Updated: Tuesday, February 9, 2010 23:02

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If certain Nebraska legislators and the National Rifle Association have their way, Nebraska could soon adopt what is referred to as a Castle Doctrine or Defense of Habitation Law.

Named after the old saying "A man's home is his castle," such a law would grant legal right to defend one's home with deadly force. Whereas current Nebraska law only permits the use of deadly force to defend against attempted murder, rape or bodily harm, any felony which involves the use of force would fall under the Castle Law's umbrella, making it legal to use deadly force in cases of stalking or attempted burglary. Killing a burglar who intended to steal your stereo or TV, for instance, would be permissible. A court in Florida has said deadly force is even justifiable in a case where an intruder is retreating.

Also referred to as "Make My Day" laws (after the famous Clint Eastwood line), Castle Doctrines have been passed in more than 20 states already, mostly within the last seven years. Nebraska is one of only a few states left with no known form of a Castle Law, along with Iowa, New Hampshire, New Mexico and Virginia.

Advocates of the law have argued that current Nebraska law is too lenient and does not do enough to protect homeowners and residents from violent criminals, while others have said the law only makes it more dangerous to be a police officer or utility worker who needs to enter a home. Unfortunately, because Castle Laws are still relatively young, many consider the verdict to still be out on whether or not they are a legitimate safeguard or a dangerous step.

However, it is our opinion that a Castle Law is not what Nebraska needs. No matter your opinion on gun control laws in society, it should be clear that passing Castle Laws will only lead to more accidents and preventable deaths in situations of mistaken identity or misunderstandings. Laws like this are not what the Legislature should be focusing on when it comes to guns. Murder should never be acceptable, and blurring the line to the point of invisibility in cases like this is not the right direction to move.

opinion@dailynebraskan.com

 

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8 comments

Anonymous
Wed Oct 13 2010 14:11
In those states that do have Defense of Habitation Laws, violent home invasion incidents have been show to drop 13 to 28%. As stated earlier, dire predictions of death by misadventure because of these laws being in place are unfounded and unsupported by any existing statistics. Hand wriging and worrying is useless in the face of law enforcement provided num,bers that state that Defense of Habitation laws increase, rather than decrease, home safety.
Anonymous
Thu Mar 4 2010 01:56
really? this is a discussion? These kids dont have the life experience to establish a proper opinion. If anyone broke into my "castle" they will probably not be walking back out. I hate that these kids spew everything the media and their lefty professors teach them "oh just dial 911 and hide" My dying ass I'm going out to protect my family and everything I'VE worked for. So My colledge buddies when you get into the real world and mommy's titts not near by you'll see you have to protect yourself. Mommy wont do it and the Government sure isn't gonna do it! Wake up.
Jason
Sat Feb 27 2010 22:10
I am sorry but law or no law if someone breaks into my home I am going to use my gun. You have no idea what their intentions are when they break into your home. It is easy to say they are there just for your physical possessions but what if they are there to rape or kill you as well or your children do you really risk you and your family’s life on the assumption that the guy that broke into your house illegally is there just for your things?
rylan
Thu Feb 11 2010 13:27
Im sorry, but this "castle Laws will only lead to more accidents and preventable deaths in situations of mistaken identity or misunderstandings" is just ignorant. I would beg the differ to say that not having castle laws could potentially cause more deaths that could have been prevented by disabling an intruder. Keep drinking your anti gun koolaid and i hope to hell you never have a violent person invade your home. All this law would do is make it less intrusive for a person defending their home. If you have no right to be on my property, why should we have laws that protect you from repercussions of doing so.
Adam G
Wed Feb 10 2010 12:09
I'm always amused by people who freak out about the prospect of people being able to legally defend themselves. If someone is breaking into my home, I'm not going to hesitate to defend myself no matter what the law says. I'm also not going to blindly shoot at anyone on my property just because some law was passed saying I can shoot intruders. All these Castle Laws do is to protect people from prosecution just because they defended themselves in their own home.

Of course, there is a really easy way to prevent people from being shot due to this law. If you don't want me to shoot you, don't break in to my house.

Jake
Wed Feb 10 2010 11:26
Eeek! Guns!

That's okay, I'm perfectly fine putting my family at risk as long as a bunch of spoon-fed college brats fresh out of Mommy's house can feel better about themselves.

-dan z-
Wed Feb 10 2010 07:53
This law would be exactly the same as in many other states. There have been none of the dire consequences predicted each and every time by those who don't believe in self-reliance and freedom. Of course that doesn't prevent people such as this editor from crying wolf all over again.
Matt
Wed Feb 10 2010 02:22
I do not care what the law is, if anyone comes into my home without my permission, I will eliminate the threat. The article mentions utility workers and police, to that I say police have to have warrants, and utility workers better stick to the nice little schedule they mail me every year, or do what a lot of companies are doing and use remote meter reading methods.






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