Can a minor defend his home?

[Mercer]

Hey all, I am new to this forum. I am 17 years old, and my parents are deciding to acquire a handgun for home and self defense. I have a shotgun as I received it as a gift. My question is if they get a handgun, and i am not able to get to my shotgun first, would there be any legal repercussions of using a handgun to defend myself because of my age? And some more info, i also live in Nebraska, which means I have the duty to retreat law (Which to me basically means the intruders can take what they want and get away with it if they don't threaten or approach you). So I was just wondering what everyone's opinions are. I hope to be a proud member of this forum very soon!

 

[ColbyBruce]

Welcome to the forum. I am no lawyer, so I suggest you contact your local sheriff office and state attorney general for the appropriate answer.

 

[Mercer]

Thanks for the input! I'll call the attorney Monday. We're going to the sheriffs department to fill out a form to get a permit to own a handgun on Monday, so I could ask them then.

 

[Alk8944]

Mercer,

If you live within the corporate boundaries of Omaha you need to deal with the Omaha Metropolitan Police Dept, not the Douglas County Sheriff's office. So far as the laws are concerned I would contact the Omaha City Attorney's office also because Omaha has its' own peculiar city ordinances which pertain only to Omaha. Here is a link to all Nebraska statutes: Nebraska Legislature - Nebraska State Laws It may take a bit of time if you have never waded through these, but all information you need pertaining to Nebraska state laws is there.

DO NOT depend on what you are told by any law enforcement officer or attorney for a valid interpretation of law! Rarely will they actually look anything up, but will give you their OPINION, which legally is worth absolutely nothing. Do not expect the OPD to give you any help either. I am from Omaha, far far from it, and glad for it. In my direct dealings with them my personal feeling is that they are one of the least professional law enforcement agencies in the United States.

To answer your first question, yes, a minor can defend his home with any lawful means. Everyone, citizen or not, in the United States has the absolute right to self defense, age has nothing to do with it.

FWIW, I was a LEO for 21 years, retired as a result of on-the-job injuries. It was NOT with the OPD!

 

[Mercer]

Thanks Alk, that was some good information. We still have to drop by the sheriffs office to fill out the permit to purchase a handgun. And i hear ya on how much omaha sucks, tell me about it. I'm going off to college to get my four year degree then straight to the army to try and get commissioned as an officer, eventually going into the ranger regiment. Hopefully either way i'll be stationed in the south so i can enjoy all my hobbies more openly, especially my knives and guns. I'll contact the state attorney and look through that link and see what i find. I just wanted to make sure i wouldn't be tried for anything if i had to defend myself.

 

[Alk8944]

Mercer,

Here is a direct link to the statute regarding Self Defense: Nebraska Legislature

And here is an excerpt from the statute regarding the obligation to retreat, emphasis added:

(4) The use of deadly force shall not be justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat, nor is it justifiable if:
(a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or
(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
(i) The actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and
(ii) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape shall not be obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.
(5) Except as required by subsections (3) and (4) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do, or abstaining from any lawful action.

Best wishes in your intended Military career!

If the Sheriff is involved now it is fairly recent, and probably in anticipation of the City of Omaha annexing the remainder of the county in the next few years! They already have 99% of the county's population since annexing Elkhorn too! What's left besides Elk City and Waterloo!

 

[Mercer]

Yeah omaha's going pretty crazy. Kind of why i'm urging my parents to get a few handguns so we each have one if we need it. The laws have gotten stricter and so have the police, even arresting someone who had plates expired for a month. Its almost turning into a police "county", because there really isn't much you can do with firearms unless the sheriff knows. Granted we don't have to register long guns or assault rifles, but all handguns and anything that shoots a .45 ACP rapidly, like a Kriss vector, all have to be registered or you could be fined and arrested. I really can't wait to get out of here! Crimes going up pretty rapidly too, have had 3 threats of people shooting up the school i attend in this last year. Don't know where everything is headed, but I have a bad feeling about it. That's why i always try and stay prepared.

 

[venomballistics]

Hey all, I am new to this forum. I am 17 years old, and my parents are deciding to acquire a handgun for home and self defense. I have a shotgun as I received it as a gift. My question is if they get a handgun, and i am not able to get to my shotgun first, would there be any legal repercussions of using a handgun to defend myself because of my age? And some more info, i also live in Nebraska, which means I have the duty to retreat law (Which to me basically means the intruders can take what they want and get away with it if they don't threaten or approach you). So I was just wondering what everyone's opinions are. I hope to be a proud member of this forum very soon!

Omaha is a little strange in its attitude towards guns and self defense.
with one hand nearly anything goes in a good justifiable shooting, with the other, they have gun registration in conflict with the state constitution and government sanctioned gun buyback scams.

I'f youve kept your nose clean thus far in life, and the need arises, mitigating circumstances should assure everything comes out in the wash.
Understand that you do have a duty to retreat. You would do well to be in a safe room and fire from that position as needed.

What I have noticed here since moving from WI, is that marksmanship is largely lacking.
Learn to shoot. If you can't run a target to the back wall at the bullet hole and bring back a 5 inch or less group, keep at it till you can. and don't compare yourself to anyone you see shooting in the lanes along side you. You cannot miss fast enough to win a gunfight, which is largely what most there will do.

 

[venomballistics]

Thanks for the input! I'll call the attorney Monday. We're going to the sheriffs department to fill out a form to get a permit to own a handgun on Monday, so I could ask them then.

actually thats a permit to purchase ...
Handy deal there, which I found preferable to the waiting period mandated in WI

Do not expect the OPD to give you any help either. I am from Omaha, far far from it, and glad for it. In my direct dealings with them my personal feeling is that they are one of the least professional law enforcement agencies in the United States.

oh trust me ... there are far worse departments than the OPD.
in my old home town back in WI, it earned the title of meth capitol of the US which one would think would have given the PD something better to do ... nope .. you couldn't walk your dog without a shakedown.

 

[Mercer]

I'm heading to the bullethole tuesday or monday to try out some handguns with my parents and to see what we like. I'm leaning toward a .40 S&W or similar caliber when i get enough practice in with it. I have only shot one of my friends 1911's in .45 ACP and it was a nice gun, but i can't afford a nice quality 1911. I liked the .45 ACP round, and it doesn't over penetrate so i don't know what i really want yet. It will be a while so i can see what feels best in my hands, and my families, and what we all shoot best. Thanks for all the info everyone!

 

[venomballistics]

I'm heading to the bullethole tuesday or monday to try out some handguns with my parents and to see what we like. I'm leaning toward a .40 S&W or similar caliber when i get enough practice in with it. I have only shot one of my friends 1911's in .45 ACP and it was a nice gun, but i can't afford a nice quality 1911. I liked the .45 ACP round, and it doesn't over penetrate so i don't know what i really want yet. It will be a while so i can see what feels best in my hands, and my families, and what we all shoot best. Thanks for all the info everyone!

40 or 45 aint none too bad, I'd even allow for a 9MM though some here wouldn't think so.
Don't overlook a good 357 revolver either.

 

[Mercer]

I've had some people tell me to look at a .357. I love them, but some are pricey, do you know any good brands that are around 500$? That's my price range as me and my parents are each chipping in for our own. I've also been told to look at a Glock 20 for a 10mm, but that seems a little too powerful.

 

[venomballistics]

I've had some people tell me to look at a .357. I love them, but some are pricey, do you know any good brands that are around 500$? That's my price range as me and my parents are each chipping in for our own. I've also been told to look at a Glock 20 for a 10mm, but that seems a little too powerful.

I'm a huge fan of the 10MM auto and feel its one of the greatest things that ever happened to the auto loading pistol since J M Browning created the 1911.
the downside of it is that ammo isn't all that plentiful lately, especially for an oddball like the 10MM

Now a word or two about handgun power ... with the exception of perhaps the 460 and 500 S&W magnums, there really isnt such a thing as "too powerful" with pistols.
these cartridges are small, and operate at far lower pressures than rifles do.
As a result, they all kinda suck, some less than others but they still all suck.
If you think any pistol is capable of shooting through the doors of 3 parked cars ... your grossly overestimating it.
even the 44 magnum is iffy getting through ONE.
at the end of the day, the only thing you can really count on is approximately a 1/2" hole going through your attacker. what determines pass or fail is where that hole is made.

 

[moxie]

I recommend you get revolvers, Ruger GP-100 or SP-101. They might be pushing your budget by a bit, but are well worth it.

Revolvers will be easier for your whole family to become familiar with, without a lot of extra training.

And, I'd load them with .38 Spl. +P ammo. .357 is not needed for home defense.

If they break the budget, the Taurus Model 82 is a good alternative. And the used market has savings on all of these models.

 

[Mercer]

I see. Well i'm going to shoot the glock 20 and see how i like it, along with a few other things in different calibers. I'll look into the .357 magnums though, i've always liked the looks of revolvers. Thanks for the input!

 

[SMSgt]

Duty to retreat laws usually only apply outside the home--your home remains the last resort of safety.

There have been many instances of minors defending themselves in their homes across the country with no repercussions, but individual state law applies. It would take a DA on a witch hunt to press charges on anyone defending themselves in their home--but ut happens.

 

[Mercer]

Glad to hear that. The pistol i will be getting will be with me for the rest of my life, so i'm trying to make the best informed decision before i choose one. Hopefully i'll find that one that just clicks, and will do what i need it to do.

 

[Rastoff]

The pistol i will be getting will be with me for the rest of my life,...

Until you sell it to get something else. We've all done it.

The 10mm is a great round, but much more difficult to control than 9mm, .40S&W or .45ACP. It is also much more expensive and therefore, more difficult to keep up with live fire practice. If you're going to use a gun for self defense, you have to practice with it or you're just fooling yourself. "Owning a gun doesn't make you armed any more than owning a guitar makes you a musician." -Col Jeff Cooper.

Also, your aspirations to become an Army Ranger are admirable. Be aware that your personal firearms will likely be restricted when in the military. If you live on base, the most likely scenario, you will not be allowed to keep any firearms with you. They will either have to be stored in the armory (if they even allow that) or off base. This makes owning firearms while on active duty quite difficult. I'm not trying to talk you out of it, just want you to be aware.

 

[Mercer]

I am aware that owning firearms while being on active duty is difficult, but i have people who i trust they can stay with. I'm really interested in .40 S&W and 10MM in particular, both seem like the best choice to me. But then there is the .357 and .44 magnum, both of which are also amazing and, if you know where to look or buy in bulk, cheap rounds. I guess it'll come down to what i shoot best, and of course, what looks best. Glocks function from what i hear but they don't look very appealing to me. And yes, being an army ranger has always been a dream of mine, and i will do anything it takes to make my dream come true . Hopefully i can work up the ranks too, and make it into who knows what, Delta Force maybe . But with that being said, I can't wait to get my degree and serve .

 

[Rastoff]

Oh yeah, one more thing more to the point. Anyone, anywhere in the world has the right to self defense. It doesn't matter how old you are. If you are in fear of life or great bodily harm, you have the right to defend yourself.