Shooting Incident

This is a discussion on Shooting Incident within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Last night there was a shooting at an Omaha Walgreens in which a would be robber died and the other would be robber was taken ...

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Thread: Shooting Incident

  1. #1
    VIP Member Array rammerjammer's Avatar
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    Shooting Incident

    Last night there was a shooting at an Omaha Walgreens in which a would be robber died and the other would be robber was taken into custody. It sounds like the shooter was a legal handgun owner but did not have a concealed carry handgun permit here in Nebraska. The report mentions that the shooter had a "permit to carry a loaded hangun in plain view" which I haven't heard of. I know that at least in Omaha Open Carry is not allowed.

    Charge filed in robbery shooting - Omaha.com

    "The Walgreens customer who shot and killed a would-be-robber Monday night has been cited for carrying a concealed weapon, a misdemeanor.

    Harry J. McCullough III, 32, had a permit to carry a loaded handgun in plain view — typically in a holster — but did not have a concealed weapons permit, said Omaha Police Officer Jacob Bettin.

    McCullough pulled his handgun from the waistband of his pants when he shot and killed a would-be-robber with a shotgun at the Walgreens in Benson Monday night, Bettin said.

    McCullough has not been arrested in connection with the death of the robbery suspect. Douglas County Attorney Don Kleine is reviewing reports on the shooting and will determine whether charges are warranted.

    Police have not released information about the robbery suspect who died.

    Bettin said two masked men had entered the Walgreens at 6101 Northwest Radial shortly before 9 p.m.

    He said one of the men pointed the shotgun in the direction of the cash register, where several customers were standing in line.

    McCullough fired several shots as the shotgun-wielding suspect pointed his weapon at customers. The gunman was hit several times. He fled from the store but collapsed outside.

    McCullough then grabbed a second masked man and held him until police arrived, Bettin said.

    The wounded gunman was taken to Creighton University Medical Center, where he was pronounced dead, police said.

    The second suspect, a 17-year-old male, was booked into the Douglas County Youth Center on suspicion of robbery and use of a weapon to commit a felony.

    Nebraska law allows individuals to use force when their life or another person's life is threatened.

    The Walgreens store was open for business Tuesday, with several customers shopping. A few chatted about the crime.

    Store employees said they were not allowed to comment. Calls to Walgreens' corporate offices were not returned."



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    Copyright ©2010 Omaha World-Herald®.

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  3. #2
    Member Array Jumper2501's Avatar
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    I'm sure that the story may unfold a bit more. I'm curious about McCullough's "permit".

    Although it's early yet, it sounds like he reacted quickly and decisively when other patrons' lives were put in jeopardy.
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    VIP Member Array tkruf's Avatar
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    Ok, INAL but....from what I read on handgunlaw.us and opencarry.org, NE is an open carry state. However state preemption does not reach local open carry bans. However then again, ....

    17-556 states..

    Second-class cities and villages shall have power to prevent and restrain riots, routs, noises, disturbances or disorderly assemblages; to regulate, prevent, restrain or remove nuisances in residential parts of municipalities and to designate what shall be considered a nuisance; to regulate, punish, and prevent the discharge of firearms, rockets, powder, fireworks or any other dangerous combustible material in the streets, lots, grounds, alleys or about or in the vicinity of any buildings; to regulate, prevent and punish the carrying of concealed weapons; except the carrying of a concealed handgun in compliance with the Concealed Handgun Permit Act, and to arrest, regulate, punish, fine or set at work on the streets, or elsewhere, all vagrants and persons found without means of support or some legitimate business.

    Nebraska is a shall issue state. So...he either has a permit or he doesn't. If he doesn't and was open carrying, then maybe the cities ordnance takes effect. If he has a permit, then I don't see where he was wrong.

    They should be thankful he was there and give him a medal.

    Another one of those states with screwed up half-liberal laws by the looks of it.
    JMHO.

    I hope he gets a good lawyer.
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    Distinguished Member Array BlueNinjaGo's Avatar
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    Too bad I can't be on his jury. It's a shame when he could have very well saved those people's lives. At the very least, he got one scumbag off the streets for good, and another temporarily.

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    I'm curious about the law as it relates to shooting. I thought (and perhaps just here in MN) that the only way to shoot was if your life was in imminent danger, ie he was pointing the gun at you.
    Are you allowed to stop a crime where you are not the one the gun is being pointed at?
    perhaps this is a non-issue, but this scenario is the exact type I am unsure of where my rights are vs the law.
    Thanks

  7. #6
    Member Array Jumper2501's Avatar
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    Quote Originally Posted by ricoks View Post
    I'm curious about the law as it relates to shooting. I thought (and perhaps just here in MN) that the only way to shoot was if your life was in imminent danger, ie he was pointing the gun at you.
    Are you allowed to stop a crime where you are not the one the gun is being pointed at?
    It varies from state to state. Handgunlaw.us is a great resource for pointing you to various states' laws.
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    Member Array uncballzer's Avatar
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    They should be thankful he was there and give him a medal.
    My thoughts as well. I understand it's the law, but give the guy a break. He gave the other customers and cashiers their lives back.
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    Quote Originally Posted by ricoks View Post
    I'm curious about the law as it relates to shooting. I thought (and perhaps just here in MN) that the only way to shoot was if your life was in imminent danger, ie he was pointing the gun at you.
    Are you allowed to stop a crime where you are not the one the gun is being pointed at?
    perhaps this is a non-issue, but this scenario is the exact type I am unsure of where my rights are vs the law.
    Thanks
    I believe that in most, if not all States that lethal force may be used in defense of yourself, or another "innocent" third party.

    Of course the threat has to be a real and credible threat of death or crippling injury.

    If Minnesota does not allow lethal force in defense of other innocent parties, it is likely the only State which has that stipulation in the law.

    Also, if an armed robber is waving a shotgun around, just because it is not pointed directly at you at the moment, does not mean you are not in imminent danger!!!

    Someone comes into a store with a mask and a shotgun to rob the place, their ticket is already stamped "good to go" for someone to legally take them out! The only question is whether or not it is tactically wise to do so. Will your intervention cause other people to get hurt or possibly killed. But as far as having the right to shoot them, they are fair game as soon as they declare a robbery with a firearm.
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    Ex Member Array Treo's Avatar
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    I turned 18 on Dec 22 1983 I left Omaha for good on Dec 23 1983 Sounds like one of the wisest decisions I ever made

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    Member Array Blownsvt's Avatar
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    Quote Originally Posted by ricoks View Post
    I'm curious about the law as it relates to shooting. I thought (and perhaps just here in MN) that the only way to shoot was if your life was in imminent danger, ie he was pointing the gun at you.
    Are you allowed to stop a crime where you are not the one the gun is being pointed at?
    perhaps this is a non-issue, but this scenario is the exact type I am unsure of where my rights are vs the law.
    Thanks

    From what i was told in my class you can also defend the life of another individual. We were told to be careful of doing this because there can be some gray area depending on the curcumnstances of the event you intervene in. My understanding using this incident as the example it would be a good shoot in Minnesota. Of course our laws are very liberal so you never know.
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    Senior Member Array SARR001's Avatar
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    In TX, if a reasonable person believes a life is in danger, (not necessarily their own), then use of force is allowed.
    A thug committing a felony with a shotgun would make most reasonable people believe a life is in danger.
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    Hmmm, so let me get this straight. Although he had an OC permit, he preferred to CCW when it came right down to it.

    Smart man...

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    VIP Member Array Hiram25's Avatar
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    I'm with BlueNinja, I want to be on his jury also.

    They want to arrest this individual for possibly saving several lives. They could have given him a severe verbal reprimand about carrying his weapon in his waist band. However, if a weapon is in your waistband, isn't it still visible? I'd have to vote Not Guilty!

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    Senior Member Array ep1953's Avatar
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    Quote Originally Posted by Hiram25 View Post
    I'm with BlueNinja, I want to be on his jury also.

    They want to arrest this individual for possibly saving several lives. They could have given him a severe verbal reprimand about carrying his weapon in his waist band. However, if a weapon is in your waistband, isn't it still visible? I'd have to vote Not Guilty!
    Personally, I'd vote for him for Governor!!!

  16. #15
    Senior Member Array puncho's Avatar
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    Florida law would have protected him regardless of if he had a permit.

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