imported post
171.126 applies to a citizens arrest. And while it could theoretically be applied to a homeowner faced with a burglar, I think it tends to apply more to an in-general citizens arrest. For example, you witness someone run over a pedestrian in a cross walk and speed off. You can follow and "arrest" pursuant to this section. Agreeing with Pace, you may not shoot this person unless you reasonably fear this person intends to kill or seriously injure you.
However, I do not believe wrightme was referring to an out-of-home arrest. There was a comparison between the rights of private property owners of two classes. The first class is any person in his home. My home is not open to the public, my doors are locked, my yard fenced. The fence, the locks, and any signs I may choose to put up are unquestionable. The second class of property owner is a business open to the public. Walmart has the same "rights" as me, as a property owner, but waives some of them by allowing the general public free access.
A man with a gun in a Walmart is probably a shopper, having lawful business with the property owner. A man with a gun in my home is an intruder with no lawful business in being there (obvious exceptions for me and my guests).
Requoting the applicable NRS 200.120:
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.
(emphasis added)
Someone in my home without my permission is felony burglary, and since I didn't know they were coming in, I'm sure as hell surprised to see them. There are a lot of "OR's" in this paragraph, not "AND's" leaving quite a few options. Another option for a homeowner's defense is that if someone came into my home knowing I'm there and I might have a gun, I have to believe they intend to deal with me and my gun by assaulting me or committing some other violent act.
Pace, you said it is not a defense to shoot someone for stealing your car, but that's not true in all cases is it? For example, if I'm stopped at a light, and someone runs up with a knife trying to jack my car, doesn't this violent felony justify use of deadly force in response?