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Home invasion question

vroom_vroom

Regular Member
Joined
Nov 20, 2010
Messages
18
Location
las vegas
So being still relatively new to Nevada I thought I should ask,

If some one kicks I'n my front door do I have the right to shoot on sight or wait for him to go for a weapon being from a good ol boy state if my door was kicked I'n fire away just Stop shooting when they attempt to flee
 

CowboyKen

Regular Member
Joined
May 31, 2007
Messages
524
Location
, ,
Nevada law (IANAL):

http://www.leg.state.nv.us/nrs/NRS-041.html#NRS041Sec095

LIABILITY OF PERSONS WHO USE DEADLY FORCE AGAINST INTRUDER IN RESIDENCE

NRS 41.095 Presumption that person using deadly force against intruder in person’s 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 or her 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 herself 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)

===================================

You might also want to review:

http://www.leg.state.nv.us/nrs/nrs-200.html regarding the use of force and the justification thereof.

Ken
 
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