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Thread: Backyard graffiti

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    Backyard graffiti

    Someone jumped my cinder block wall last night and spray painted it. I need to know rule on shooting people in backyard as opposed to inside my house?

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    Campaign Veteran skidmark's Avatar
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    The rule?

    DON'T!
    Unless, of course, you apprehend (and that does not mean a feeling like fear) imminent death or serious bodily injury at the hands of the person in your back yard.

    BTW - that also applies to inside your house.

    Sorry, no blood-lust opportunity to blast away at someone for you.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by BaldnBlk View Post
    Someone jumped my cinder block wall last night and spray painted it. I need to know rule on shooting people in backyard as opposed to inside my house?
    Your honor, peoples exhibit one. Premeditation


    Hey skid I think this cat's a troll
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Re: Backyard graffiti

    The rule in your back yard is the same as anywhere else. You don't shoot people for misdemeanors. You shoot to protect human life, period.

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    Backyard graffiti

    Quote Originally Posted by EMNofSeattle View Post
    Your honor, peoples exhibit one. Premeditation


    Hey skid I think this cat's a troll
    I have read all his posts and see no reason to label him a troll. Some folks are a little too quick to jump to that.

    He does seem to be relatively new to the responsibility of gun ownership and carrying, but nothing wrong with that. At least he asked first - better than some.

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    Quote Originally Posted by BaldnBlk View Post
    Someone jumped my cinder block wall last night and spray painted it. I need to know rule on shooting people in backyard as opposed to inside my house?
    The folks responding to your question are correct! Do not initiate aggression against the offender. If you do not open carry while doing yardwork, walking the dog, in your neighborhood I would. I know some believe that that will prompt a "break in to your home to obtain your firearm" I wouold like to see some back up to this claim if it comes up! After six months of openly carryuing on and around your property, you should notice positive change.

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    Quote Originally Posted by BaldnBlk View Post
    Someone jumped my cinder block wall last night and spray painted it. I need to know rule on shooting people in backyard as opposed to inside my house?
    I see you have received responses indicating what you hopefully already knew; that being, shooting someone for placing graffiti on your wall isn't a reasonable use of force.

    As to actually using deadly force for self-defense, whether inside or outside the home, the law doesn't really change.

    http://www.leg.state.nv.us/NRS/NRS-2...l#NRS200Sec120

    NRS 200.120 “Justifiable homicide” defined; no duty to retreat under certain circumstances.

    1. 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.

    2. A person is not required to retreat before using deadly force as provided in subsection 1 if the person:

    (a) Is not the original aggressor;

    (b) Has a right to be present at the location where deadly force is used; and

    (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

    [1911 C&P § 129; RL § 6394; NCL § 10076]—(NRS A 1983, 518; 2011, 265)
    http://www.leg.state.nv.us/NRS/NRS-2...l#NRS200Sec275

    NRS 200.275 Justifiable infliction or threat of bodily injury not punishable. In addition to any other circumstances recognized as justification at common law, the infliction or threat of bodily injury is justifiable, and does not constitute mayhem, battery or assault, if done under circumstances which would justify homicide.

    (Added to NRS by 1983, 519)

    So, unless someone doing graffiti in your back yard also performs such act to present justifiable homicide by a property owner as a result, presenting threat or actual bodily injury is also not justifiable, as I read these.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by BaldnBlk View Post
    Someone jumped my cinder block wall last night and spray painted it. I need to know rule on shooting people in backyard as opposed to inside my house?
    I think you need to read the law and case laws in your state. Right now. Begin. Why you still reading this? You have work to do.

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    There is also

    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 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. 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]

    Great bodily harm is very subjective. I don't know that the average person is qualified to determine what is and isn't great bodily harm, in the seconds of an attack. Jurys have to decide this.

    But, somebody painting graffiti, on your fence, and protection of property is neither of these.
    Last edited by FallonJeeper; 09-17-2012 at 01:39 PM.
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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by FallonJeeper View Post
    Great bodily harm is very subjective. I don't know that the average person is qualified to determine what is and isn't great bodily harm, in the seconds of an attack. Jurys have to decide this.
    I've always been under the impression that great (or grave depending upon the state) was a level of injury that is crippling or has a real chance of profoundly changing your quality of life or an attack not specifically meant to kill but could lead to your death. like if some big guy in Hell's Angel Leathers says "I am a gonna beat your little ass" well since beat downs can cause lasting injuries, especially in terms of head trauma, if he moves to actually start beating you that's threat of grave bodily harm.
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by jdholmes View Post
    I have read all his posts and see no reason to label him a troll. Some folks are a little too quick to jump to that.

    He does seem to be relatively new to the responsibility of gun ownership and carrying, but nothing wrong with that. At least he asked first - better than some.
    Maybe I was quick to jump on that, but I just couldn't for the life of me seeing a responsible gun owner even being curious if that were justified, only one state that I know of allows deadly force to defend property. I mean this should be a no brainer you can't blast someone for spray painting your wall, what's he gonna ask next? can I shoot someone if he pees in my ferns? I mean really?
    they love our milk and honey, but they preach about some other way of living, when they're running down my country man they're walkin' on the fightin side of me

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    Quote Originally Posted by EMNofSeattle View Post
    Maybe I was quick to jump on that, but I just couldn't for the life of me seeing a responsible gun owner even being curious if that were justified, only one state that I know of allows deadly force to defend property. I mean this should be a no brainer you can't blast someone for spray painting your wall, what's he gonna ask next? can I shoot someone if he pees in my ferns? I mean really?
    The reality is that he didn't ask if it was justified to shoot someone for spraypainting graffiti. That is what most responders read into it.

    Quote Originally Posted by BaldnBlk View Post
    Someone jumped my cinder block wall last night and spray painted it. I need to know rule on shooting people in backyard as opposed to inside my house?
    His question was about whether there is a rule on shooting people in backyard as opposed to inside the house. His question didn't ask whether it would be justified to shoot someone for graffiti in his back yard. The question could have been much more clear, but it wasn't what has been assumed.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Re: Backyard graffiti

    Quote Originally Posted by wrightme View Post
    The reality is that he didn't ask if it was justified to shoot someone for spraypainting graffiti. That is what most responders read into it.



    His question was about whether there is a rule on shooting people in backyard as opposed to inside the house. His question didn't ask whether it would be justified to shoot someone for graffiti in his back yard. The question could have been much more clear, but it wasn't what has been assumed.
    I think his question was clear. I read it the same as you.

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    There is nothing, in the NRS, that I'm aware of, that differentiates the legallity between shooting in or outside of your home.

    Why set the stage by saying somebody "jumped the wall" and "painted it" as the only information and then ask "what the rule is" for shooting somebody in the back yard as opposed to in the house?

    Self defense is self defense, whether it happens in or outside the home.
    Last edited by FallonJeeper; 09-18-2012 at 06:23 PM.
    Hoka hey

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    Quote Originally Posted by FallonJeeper View Post
    There is nothing, in the NRS, that I'm aware of, that differentiates the legallity between shooting in or outside of your home.

    Why set the stage by saying somebody "jumped the wall" and "painted it" as the only information and then ask "what the rule is" for shooting somebody in the back yard as opposed to in the house?

    Self defense is self defense, whether it happens in or outside the home.
    There are minor differences, and the relevant statutes are posted in the thread.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by wrightme View Post
    There are minor differences, and the relevant statutes are posted in the thread.
    If I'm not mistaken, the discalimer about "in defense of habitation, property or person" and "enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein" deals primarily with the "no duty to retreat under certain circumstances", and not purely self defense.

    But, there was insufficient information in the setup of his question, to provide a direct answer to the question, other than providing all the possible statutes, which as you stated, they were posted.
    Last edited by FallonJeeper; 09-18-2012 at 07:01 PM.
    Hoka hey

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