Friday, December 30, 2011

Gun Laws NV

I offer no legal advice.  I am just a gal who has a little blog.  I don't know the laws of your state and I am not an expert on the laws of my state.  I am definitely not a lawyer. I don't know your level of training.  I don't know your emotional maturity level.  I just like to connect with others so take this for what it is.  An opportunity to discuss, women, guns, self defense and such.

Relevant Nevada Statutes
NRS 200.120 "Justifiable homicide" defined.
Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of habitation, property or person, against one who manifestly intends, or endeavors, by violence or surprise, to commit a felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
NRS 200.130 Bare fear insufficient to justify killing; reasonable fear required.
A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.

Here are the legal statutes for justifiable or excusable homicide in Nevada.  Now, we all know the law is also subject to political pressures and how a jury of your peers might view the issue.  Here in Nevada, we take a pretty dim view of people breaking down doors or climbing through windows to get at you or your stuff.  Now, I am not saying you can shoot people for stealing your stuff.  On the other hand, it is generally considered that if someone is in your home without your permission that there is a threat to yourself.  Whether or not that threat is imminent is dependent on a number of factors.  Someone who sees you and turns and runs out the door is not an imminent threat.  Someone advancing on you in a threatening manner is.  

I think we can all agree that no one wants to hurt anyone else but that some of us have decided based on the facts at hand that self defense is a viable option and self defense with a gun is also a viable option.  The gun is a tool and if I have gun, then I am going to train with it and read up on the issues.  

NRS 200.150 Justifiable or excusable homicide.
All other instances which stand upon the same footing of reason and justice as those enumerated shall be considered justifiable or excusable homicide.
NRS 200.160 Additional cases of justifiable homicide.
Homicide is also justifiable when committed:
  1. 1. In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
  2. 2. In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is.
NRS 200.190 Justifiable or excusable homicide not punishable.
The homicide appearing to be justifiable or excusable, the person indicted shall, upon trial, be fully acquitted and discharged.
NRS 200.200 Killing in self-defense.
If a person kills another in self-defense, it must appear that:
  1. 1. The danger was so urgent and pressing that, in order to save the person's own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary; and
  2. 2. The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.

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