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Old Dec 8, 2008 | 06:20 PM
  #48016  
BiFfMaN's Avatar
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From: Las Vegas
Originally Posted by BoostLover99
[This is not legal advice - you should consult an attorney before making any decisions or taking any action; the following are opinions only]

While I agree with you 100% philosophically, I believe that Texas is the only state in which lethal force may legally be used in defense of property.

If you do happen upon a burglar in your garage and you do shoot him/her, you're probably going to get tried for murder 2 or 3. And even if you're acquitted in the end, you're probably still going to be in jail for a minimum of a year while you await trial and/or in between your court appearances. Ever spend much time in jail with alleged murderers? I'd bet that things would get cozy in the showers and cells rather quickly during that year.

Finally, the cost of successfully defending a lethal force case with a competent criminal attorney is a minimum of $25,000.00 (this assumes a very speedy, cut & dry case). A typical week of jury trial costs about $100,000.00 (ONE HUNDRED THOUSAND dollars) when you factor everything in like legal fees, court fees, expert witness fees, etc.

Something to think about.

Your right about killing a burglar if He does not resist...

But if he has a gun and or threatens your life, then mostly Nevada will rule in your favor.

http://www.claytoncramer.com/gundefe...labels/NV.html

But here is a interesting one..where the guy shot and kill a teen as he was running from the house.
http://www.reviewjournal.com/lvrj_ho...084.html?imw=Y

...but i bet he had a good Judge and Lawyer. And Republican...haha

Last edited by BiFfMaN; Dec 8, 2008 at 06:25 PM.
Old Dec 8, 2008 | 06:35 PM
  #48017  
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From: The Last Sorta Free State in the US
Originally Posted by BiFfMaN
Your right about killing a burglar if He does not resist...

But if he has a gun and or threatens your life, then mostly Nevada will rule in your favor.

http://www.claytoncramer.com/gundefe...labels/NV.html

But here is a interesting one..where the guy shot and kill a teen as he was running from the house.
http://www.reviewjournal.com/lvrj_ho...084.html?imw=Y

...but i bet he had a good Judge and Lawyer. And Republican...haha
Yeah, if you're in your own home and your life is threatened, I think NV has a pretty good "castle doctrine."

The 2nd case is a slight surprise but probably falls under NV's castle doctrine also.
In Kalifornia, that guy would be in jail awaiting trial b/c he wasn't in "grave danger of severe bodily injury or death." And the Kalifornia prosecution would have crucified him for taking a head shot. It would have been interesting to see how the case would have turned out in #2 if the homeowner did not have a wife & children.

The recommendation I've been given is to dial 911 and keep them on the phone while while you command the intruder to leave; 911 records all calls so it would be evidence. ("I have a gun, I've called the police, if you come in my house I will kill you.")
Old Dec 8, 2008 | 06:44 PM
  #48018  
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good thing my phone has speaker... there's no way im letting someone get a chance at my family. they can have my car or my belonginga if the house is empty. if we are home, all bets are off, i hope you made peace with god before you stepped in.
Old Dec 8, 2008 | 07:06 PM
  #48019  
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From: vegas baby
Originally Posted by Gexxer
good thing my phone has speaker... there's no way im letting someone get a chance at my family. they can have my car or my belonginga if the house is empty. if we are home, all bets are off, i hope you made peace with god before you stepped in.
and that includes boyscouts and girlscouts
Old Dec 8, 2008 | 10:19 PM
  #48020  
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From: San Diego CA
Originally Posted by BoostLover99
[This is not legal advice - you should consult an attorney before making any decisions or taking any action; the following are opinions only]

While I agree with you 100% philosophically, I believe that Texas is the only state in which lethal force may legally be used in defense of property.

If you do happen upon a burglar in your garage and you do shoot him/her, you're probably going to get tried for murder 2 or 3. And even if you're acquitted in the end, you're probably still going to be in jail for a minimum of a year while you await trial and/or in between your court appearances. Ever spend much time in jail with alleged murderers? I'd bet that things would get cozy in the showers and cells rather quickly during that year.

Finally, the cost of successfully defending a lethal force case with a competent criminal attorney is a minimum of $25,000.00 (this assumes a very speedy, cut & dry case). A typical week of jury trial costs about $100,000.00 (ONE HUNDRED THOUSAND dollars) when you factor everything in like legal fees, court fees, expert witness fees, etc.

Something to think about.
yes I have thought about all of that, actually in IL they do have that law, have discussed it many times with a long time friend that has worked in states attorney office. I am not 100% on NV, but my garage is attached to my home therefore part of my actual residence. If someone is armed breaking in my home, I will defend it.... if that costs me some dough or prison time, so be it... I'd rather not feel guilty for the rest of my life if something did happen to my family and I did not defend them. Sad to say but its best to shoot to kill in a armed home intrusion in my opinion. Yes and make sure that they are actually in your house when you do shoot them.

Last edited by fimotorsports; Dec 8, 2008 at 10:22 PM.
Old Dec 9, 2008 | 12:20 AM
  #48021  
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From: The Last Sorta Free State in the US
Originally Posted by fimotorsports
yes I have thought about all of that, actually in IL they do have that law, have discussed it many times with a long time friend that has worked in states attorney office. I am not 100% on NV, but my garage is attached to my home therefore part of my actual residence. If someone is armed breaking in my home, I will defend it.... if that costs me some dough or prison time, so be it... I'd rather not feel guilty for the rest of my life if something did happen to my family and I did not defend them. Sad to say but its best to shoot to kill in a armed home intrusion in my opinion. Yes and make sure that they are actually in your house when you do shoot them.
Oh yeah, if they're armed, I think you'll be covered under NV's castle doctrine.

You're 100% right on the shoot to kill mentality - aim for center of mass. The whole "hit 'em in the leg" thing is for Hollywood. Plus, if you shoot them in a non-critical area, you're going to get indicted for assault w/ a deadly weapon (if you didn't HAVE to shoot to kill, you didn't HAVE to shoot at all => assault w/ a deadly weapon).

I do love NV, though. And let's face it, the fact that civilians can own weapons helps make this country a great one.
Old Dec 9, 2008 | 12:57 AM
  #48022  
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From: Las Vegas
Originally Posted by LVmevo
delahoya didnt take a beating cuz he was out matched. that **** was for the money . it was riged . no title was up for grab. i see a rematch in the future $$$$$
it was not riged delahoya is just to old to fight an amazing fighter
Old Dec 9, 2008 | 01:16 AM
  #48023  
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Wasn't this last fight a goldenboi production? I heard Oscar made bank on this last fight. It was guaranteed easy pay day for both guys. It was all for the money.

Anyways, who is this? http://jp.youtube.com/watch?v=T2rghG...eature=related
Old Dec 9, 2008 | 01:42 AM
  #48024  
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From: VEGAS
^ some one who likes replacing transfer cases
Old Dec 9, 2008 | 02:14 AM
  #48025  
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yes it was golden boy. that's what im saying, it was all about the money and nothing else. oscar is a promoter now, not a boxer. manny is a great fighter and even though I wanted to see oscar win I knew what the outcome was gonna be. just didn't think it would end that way with him having no heart and letting his corner give up for him
Old Dec 9, 2008 | 02:20 AM
  #48026  
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oh btw one key phrase I think you guys are forgetting is "imminent danger" if you feel threatened and you feel yours or someone else's life is in danger, then by all means use deadly force as necessary. the main thing is you make sure in all your statements you stick to that reason.
and yeah if the chicken **** is running away empty handed then yeah its best to probably let him go unless you wanna go tackle the bastard. imho though my life isn't worth some material stuff.

and if you ever go to a ccw course they will teach you all that stuff
Old Dec 9, 2008 | 09:36 AM
  #48027  
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From: The Last Sorta Free State in the US
Originally Posted by SiCKlEyWiKeD
oh btw one key phrase I think you guys are forgetting is "imminent danger" if you feel threatened and you feel yours or someone else's life is in danger, then by all means use deadly force as necessary. the main thing is you make sure in all your statements you stick to that reason.
and yeah if the chicken **** is running away empty handed then yeah its best to probably let him go unless you wanna go tackle the bastard. imho though my life isn't worth some material stuff.

and if you ever go to a ccw course they will teach you all that stuff
"Eminent danger" is a slippery slope - Florida has an eminent danger law for lethal force but I don't think NV does. While I again philosophically agree with it, the last thing you want is a jury (who isn't smart enough to get out of jury duty) to decide whether you were in eminent danger.

CCW courses are great and everyone should go to them. If for nothing else simply to "unbrainwash" the public from the perceptions that Hollywood propagates RE firearms (esp. around law).
Old Dec 9, 2008 | 10:03 AM
  #48028  
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Originally Posted by BoostLover99
I do love NV, though. And let's face it, the fact that civilians can own weapons helps make this country a great one.

"Conceived it to be the privilege of every citizen, and one of his most essential rights, to bear arms, and to resist every attack upon his liberty or property, by whomsoever made. The particular states, like private citizens, have a right to be armed, and to defend, by force of arms, their rights, when invaded."

Quoted by rodger Sherman during a debate about the 2nd Amendment.

"To disarm the people - that was the best and most effectual way to enslave them."

George Mason

"As much as I oppose the average person's having a gun, I recognize that some people have a legitimate need to own one. A wealthy corporate executive who fears his family might get kidnapped is one such person. A Hollywood celebrity who has to protect himself from kooks is another. If Sharon Tate had had access to a gun during the Manson killings, some innocent lives might have been saved."

Joseph D. McNamara - San Jose, CA Police Chief Ret.
Old Dec 9, 2008 | 10:16 AM
  #48029  
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From: Las Vegas
Originally Posted by BoostLover99
CCW courses are great and everyone should go to them. If for nothing else simply to "unbrainwash" the public from the perceptions that Hollywood propagates RE firearms (esp. around law).

Im a huge advocate for formal gun training. And like a drivers tests you need to show compentency and general care with firearms before you can own one.

Yes there have been cases where people with clear records shot and killed others...but honestly they probaly would have still done it even if they had not had access to a firearm. Which follows the same suit to why the statement "Guns dont kill People, People kill People" was made.
Old Dec 9, 2008 | 11:09 AM
  #48030  
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From: vEgAs
Post Chapter 41

Quote:
NRS 41.095 Presumption that person using deadly force against intruder in his 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 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 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)



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