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
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?
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?
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)
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)
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?
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 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?
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 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.
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.