Law May Allow Homeowner To Shoot Intruder

[lukem]

LAS VEGAS -- There’s a popular phrase that says "A man's home is his castle." One Valley lawmaker is trying to get a new law passed that goes even further to protect homes and homeowners’ rights.

It's called the Castle Doctrine, and it's been passed in more than a dozen states, but not without some controversy.

The law would allow homeowners to use deadly force on a home intruder, with no regard to whether he or she's retreating.

“I keep a gun in my house. It's close at hand. My children are gone, so it’s ready ... Not cocked, but it's ready,” said assemblyman Harry Mortenson, D-Nev.

Mortenson said he not only believes in the right to bear arms, but he also thinks homeowners should be able to use that weapon however they feel necessary, if there’s an attacker in their homes.

“We are having a real spate of break-ins and crimes in this neighborhood, and I'm very disappointed at what's happening lately,” he said.

According to Metro police crime stats, the southwest area where Mortenson lives has had 34 burglaries and 11 robberies in just the past month.

“I'm going to protect myself any way I can, and the castle law is part of that,” Mortenson said.

He is sponsoring the Castle Doctrine bill.

Most versions of the law now in use allow a homeowner to use deadly force on any attacker -- whether he or she retreats or not.

“It's presumed that if somebody comes in your house, they intend to hurt you, and you don't have to wait to warn them. You're just going to do whatever is necessary to protect your home and yourself,” said FOX5 legal analyst Bob Massi.

Critics of the bill said it will encourage vigilantes, but Massi said it makes sense to him, especially since most also include civil immunity, meaning if a criminal is hurt in the process, he can't sue the homeowner.

“As crazy as it sounds, those kinds of things can, and in some states do, happen,” Massi said.

The bill draft will now go to a committee, who will decide whether it goes to a vote.

Source: Fox 5 Vegas

[HK4U]

Every state should have that law. It is just common sense.

[kwo51]

We should be allowed to protect our property also.

[netentity]

I e-mailed Assemblyperson Mortensen asking what's the difference is between his bill and the current statutes which are;

• NRS 41.095; civil suit immunity from PI or WD for lawful self defense in one's domicile
• NRS 200.120, 200.150, 200.160, 200.190 and 200.200; justifiable homicide statutes.

What needs to happen here is a stand your ground statute similar to what FL and MO have. You have no civil suit immunity if you use force in defense outside of your domicile in Nevada. I also know from being in Clark County NV since 1992, LVMPD and HPD do not arrest the lawful owner or occupant of their domicile in a defense of their home.

[Cobra]

When more politicians have been a victim of a violent crime, will they come to their senses and allow using deadly force against a threat, either actual or supposed. Also, strip the criminals of any possibility of legal action against the homeowner in the event they survive.

[tattedupboy]

Originally Posted by kwo51

We should be allowed to protect our property also.

You're right. Even though the constitution of the state of New Hampshire specifies that RKBA may be employed in the defense of property, the only state where that's true in practice is Texas.

As for the title of this thread, I think it's ludicrous that a law is even necessary to protect homeowners who employ deadly force against intruders. I don't know how far existing versions of the law go, but I feel that they need to go further and protect renters; in other words, if a renter shoots an intruder, he cannot be evicted , and the landlord cannot refuse to renew his lease on those grounds.

[kwo51]

Thats a good point also we sould be allowed to carry in our cars even when working.Pizza delivery paper route taxi driver.All good targets.