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Good News for Nevadans

735 views 9 replies 7 participants last post by  MIrefuge 
#1 ·
ReviewJournal.com - Breaking News - Lawmaker wants to allow homeowners to use deadly force against attacker

Lawmaker wants to allow homeowners to use deadly force against attacker

A state lawmaker wants Nevada to adopt a legal doctrine that allows homeowners to use deadly force to protect a person's life from an intruder.

Called the "castle doctrine," a bill draft request to implement the idea has been submitted for the 2009 legislative session by Assemblyman Harry Mortenson, D-Las Vegas.

The castle doctrine has some variations, but essentially says that someone attacked in his home can use reasonable force, including deadly force, to protect his or another's life without any duty to retreat from the attacker.

At least 15 states, including Arizona, have adopted the doctrine in the past few years.

"I support the old philosophy that a man's home is his castle and people should not invade it with impunity," Mortenson said. "We've moved so much in the direction of helping the invader that I think we need to go a little bit in the other direction."
 
#4 ·
Regardless of the law...I say this carefully, wouldn't one defend his home and family, anyway? What else could you do...allow BG's to harm your loved ones? I'm not promoting anything illegal, but the human spirit would require one to 'naturally' defend loved ones, no matter what.

I would add that the immunity from civil suits for defending yourself or family from BG's, which then prevents criminals then suing the victims for being harmed (by their victims)...is an important point in this doctrine.
This is more important than the doctrine giving one the "OK" to defend a home...most would do it any...am I wrong?

Go NV...:congrats:

Stay armed...guard the home...stay safe!
 
#6 ·
I remember when I was an LEO in KS. in the 80's if somebody forced their way into your home and you had a means to escape you had to run out of your own house and could only defend yourself if there was no way to escape and you were being attacked with deadly force,and I thought that's the dumbest thing I ever heard what moron came up with that law, a career burglar
 
#8 ·
#9 ·
Michigan castle law was upgraded a while back, you were solid in your home but no place else, you had a duty to retreat, Now it applies to any place you have a legal right to be, and the duty to retreat has been removed, and that is the way it should be, you should be able to defend your family and self without having to try and run your self into a state of hysteria first.
 
#10 ·
This is Already Law

From the Nevada Revised Statutes:


NRS 41.095 Presumption that person using deadly force against intruder in his residence has reasonable fear of death or bodily injury; “residence” defined.

1. For the purposes of NRS 41.085 and 41.130, any person who uses, while lawfully in his residence or in transient lodging, force which is intended or likely to cause death or bodily injury is presumed to have had a reasonable fear of imminent death or bodily injury to himself or another person lawfully in the residence or transient lodging if the force is used against a person who is committing burglary or invasion of the home and the person using the force knew or had reason to believe that burglary or invasion of the home was being committed. An action to recover damages for personal injuries to or the wrongful death of the person who committed burglary or invasion of the home may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary.

2. As used in this section, “residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.

(Added to NRS by 1989, 1798)

Hopefully this rep is trying to expand this to outside of the home. I'd like to see that actual text of what is being proposed, and make sure this isn't some sneak attack to weaken the existing law.
 
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