Nevada Stand Your Ground Law
If you’ve been involved in a fatal shooting, it’s possible you may be charged with any number of crimes related to homicide. But was the homicide justified? Under what circumstances would it be legally acceptable to kill another human being?
Justifiable Homicide
There are certain circumstances under which the law accepts justifiable homicide as a legal defense:
- The killing was required as part of one’s self-defense;
- The killing was done in order to defend an occupied habitation or vehicle;
- The killing occurred during the defense of another person;
- The person who was killed clearly intended a felony crime of violence against a person or habitation.
Is Retreat Required in the Face of Aggression?
Nevada law is clear in stating that retreat is not obligatory prior to using lethal force if certain conditions are met:
- If the person who does not retreat is not the one who initiated the aggression;
- If the person who is not in retreat has a legal right to be where the altercation occurred;
- If the person who does not retreat was not participating in criminal activities at the time the deadly force was used.
Understanding the Law
So what does it all mean? Can you shoot someone simply because you were afraid of them? Not exactly. The law requires that a reasonable person would have been frightened to the point of action—and that feelings of revenge were no part of the motivation. That means the person who did the killing:
- Reasonably believed or knew for a fact that the person entering the vehicle or habitation was doing so with force and unlawfully;
- Reasonably believed or knew that the person who was killed was either trying to or successfully committing a crime of violence;
- Did nothing to provoke the person that they killed.
Other Gun Laws Worth Knowing
Nevada supports the right for citizens to keep and bear arms, so the purchase of shotguns, rifles, and handguns can occur with no permitting requirements, no need to register the firearms, and no licensing of owners. Carrying a concealed handgun does require a permit, though that is not the case for shotguns and rifles, and open carry is allowed for all firearms. And while gun control advocates would like to see more limits on gun ownership and carrying, Governor Lombardo vetoed recent legislation intended to prohibit firearms within 100 feet of polling places. The right to bear arms is alive and well in Nevada.
Protecting Your Rights
If you’ve been involved in a self-defense killing, the experienced Las Vegas criminal defense attorneys at Lobo Law are determined to fight to ensure that your rights are protected. To discuss your situation, schedule a confidential consultation in our Las Vegas office today.
Source:
nvbar.org/wp-content/uploads/NevadaLawyer_June2022_Stand-Your-Ground.pdf
