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Old April 22, 2006, 05:31 AM   #3
Baba Louie
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Join Date: September 23, 2001
Posts: 1,552
As this happened in Las Vegas, NV, I thought some Nevada Law might be good to know for the record...

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.

[1911 C&P ? 129; RL ? 6394; NCL ? 10076]?(NRS A 1983, 518)

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.

[1911 C&P ? 130; RL ? 6395; NCL ? 10077]

NRS 200.140 Justifiable homicide by public officer. Homicide is justifiable when committed by a public officer, or person acting under his command and in his aid, in the following cases:

1. In obedience to the judgment of a competent court.

2. When necessary to overcome actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty.

3. When necessary:

(a) In retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony;

(b) In attempting, by lawful ways or means, to apprehend or arrest a person; or

(c) In lawfully suppressing a riot or preserving the peace.

[1911 C&P ? 131; RL ? 6396; NCL ? 10078]?(NRS A 1975, 323; 1993, 931)

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.

[1911 C&P ? 132; RL ? 6397; NCL ? 10079]

NRS 200.160 Additional cases of justifiable homicide. Homicide is also justifiable when committed:

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 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. In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode in which he is.

[1911 C&P ? 133; A 1931, 160; 1931 NCL ? 10080]?(NRS A 1993, 932)

NRS 200.200 Killing in self-defense. If a person kills another in self-defense, it must appear that:

1. The danger was so urgent and pressing that, in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary; and

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.

[1911 C&P ? 137; RL ? 6402; NCL ? 10084]

So while you might be OK in the eyes of the law here in NV you have the burden of proof to show how your actions were justifiable to the DA and/or Grand Jury in either scenario. There is still Civil court to deal with later of course.

Another "swarming" occured as well here, at a WalMart in the parking lot. A woman tried to intervene and was beaten down along with having her purse stolen. Reports I read said 15 - 10 kids were involved in that one.

So it may be that only someone with a hi-capacity handgun could actually do any good, (5 - 8 rds ain't gonna be enough?) the bad guys must be in the act of striking w/ intent (can't shoot em if they're just hanging around watching friends in action or moving in and out) to kill... and you're probably going to become a target as well.

But yeah... I'm stupid enough to get myself involved now that my kids are grown up. Were I with a young family member or elderly parent, etc, I'm afraid I'd have to make certain that they were safe before I'd intervene.

Must practice the El Presidente over and over... with moving targets...
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A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." - George Washington, January 8, 1790, First State of the Union Address
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