FallonJeeper
Regular Member
Where are you from?
You are in the NV forum.
That's exactly what I was thinking. There are a wide range of choices that could have been made. The OP's friend chose to hide in a locked vehicle until the threat went away. He may not be so lucky next time he's approached.
He has no duty to retreat per
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)
Also preventing great bodily harm is an excuse for killing in self defense.
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]
Granted, he would be charged, and would have to prove this, contrary to the "innocent until proven guilty". But better that than crippled, or dead.
And... Of course you shouldn't pull your firearm unless you intend to use it. But, you don't always have to shoot if you pull your firearm out of it's holster. If the situation de-escalates and the loud mouth, making threats, stops, and walks away, re-holster. No harm, no foul, and before anybody says it, it's not brandishing if you pull your weapon on a valid threat.
Last edited: