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Bill proposed to strengthen right to use deadly force against intruders

CARSON CITY -- A state lawmaker wants Nevada to adopt a legal doctrine strengthening a homeowner's right to use deadly force to protect someone's life from an intruder.

A bill draft request to implement the "castle doctrine" was submitted for the 2009 legislative session by Assemblyman Harry Mortenson, D-Las Vegas.


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  • The castle doctrine has some variations, but essentially says that someone attacked in his home can use reasonable force, including deadly force, to protect his or another person's life without any duty to retreat from the attacker.

    It clarifies that a homeowner does not have a duty to retreat in the face of a robbery or break-in.

    At least 15 states, including Arizona, have adopted the doctrine in the past few years.

    "I support the old philosophy that a man's home is his castle and people should not invade it with impunity," Mortenson said Monday. "We've moved so much in the direction of helping the invader that I think we need to go a little bit in the other direction."

    Mortenson's request was one of several new measures listed by the Legislature's Web site on Monday.

    The request comes just as a poll conducted for the Review-Journal was released showing that 14 percent of Nevadans view the state's gun control laws as too strict, 41 percent say they are not strict enough, and 38 percent view them as adequate. The remainder were not sure.

    Mortenson said he keeps weapons in his home but does not have a concealed weapons permit.

    No specific incident prompted the bill request, but the lawmaker noted a recent rash of burglaries in his neighborhood.

    "It just seems to me the homeowner is at a disadvantage if he is invaded and he's impeded by the thought that if he protects himself, he may end up in jail for the rest of his life," Mortenson said.

    If potential burglars or robbers know they might be confronted with an armed homeowner, the law might serve as a little bit of a deterrent, he said.

    Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900.

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    LM wrote on August 27, 2008 05:51 PM: I support castle doctrine and applaud Assemblyman Mortenson for proposing it.

    I am concerned if his bill goes far enough. The home occupants and owner should be protected from any criminal who breaks-and-enters regardless of attacking or not.

    To address another comment, self defense reports are under reported. See www.keepandbeararms.com daily for stories.


    MICHAEL SHULTZ wrote on August 27, 2008 05:20 PM: I hope this bill passes. If you invade someones home and they have a weapon to protect family and property -- YOUR CRIMINAL CAREER IS OVER-- THATS THE WAY IT SHOULD BE!!!!!!!!!!


    Figero wrote on August 27, 2008 04:25 AM: Great intent, but 20 years late, don't you think? NRS 41.095 gives us this protection.

    As for kids or grandkids getting shot..we have federal laws punishing those that allow access to firearms for young children. A little PERSONAL RESPONSIBILITY never hurt anyone.

    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)


    Cauthon wrote on August 27, 2008 12:34 AM: Back in 1990 when I was working in Dijon, France, I won the 2nd prize in a pistol contest at the Club de Tir de Police (police shooting club). The announcer said, in English, that I had won the 2nd prize in the international match. So, I have a little experience in target shooting; we count the score according to who hit the target. I do not have any experience with self-defense, but I understand that it is not target shooting, and we do not keep score and get points for burglars killed. If I get up in the night and look around and don't see anybody, and later I hear that there was somebody around but they were scared off, I won, without firing a shot. That is the ideal outcome. It doesn't show up in the statistics, but I kept my life and so did anyone else in the family. We keep score in people still alive, not people killed.


    Rick Armstrong wrote on August 26, 2008 11:42 PM: Jim Allred, You are free to print anything as your opinion, but the facts just don't back it up. The reason you read more accidental shootings of 8 year olds than "Heroic homeowners shooting it out with bad guys" is because the news reporters would skip 5000 of those stories to print one accidental 8 year old story. It fits THEIR agenda. Firearms are used in defense of life and family around 2,000,000 times in the U.S. each year. If you don't want to defend your family, don't. Good luck with that. If you don't like the facts, I guess you can just keep ignoring them. Me, I'll carry a gun.


    John wrote on August 26, 2008 11:05 PM: It's about time Nevada saw the Castle doctrine! We still have a long way to go in our State, however. We need to eliminate the thinking that concealed carry is a privilege and not a right. Stop the scam of registering gun owners for carry permits. We need to embrace the Vermont way of carry, which is no permit required for ANY type of carry.
    Handgun registration also needs to be eliminated in Clark County. State preemption needs to be enforced! Take care of these three areas and we will be a truly free and proud State.


    Sad Summerlin wrote on August 26, 2008 08:24 PM: Does this bill go far enough?

    Even if the intruders are fleeing, the fact that they are in my house should give me the right to blast them into the next life. Previously, having to prove the intruders were a threat shouldn't play in to the calculation on whether or not to defend one's home. If someone breaks into my home... I don't care if they are there to steal a watch or clean my bathrooms... I am going shoot first and ask questions later...


    Vegas Vic wrote on August 26, 2008 07:50 PM: I've got 2 semi-automatic pistols and one shotgun in my apartment...all loaded. If someone breaks in, the only thing they can expect to get away with is having me shoot their idiot arses. They probably won't hang around though because the sound of me racking a round into my Mossberg should be enough to scare the bejesus out of them.


    Joe wrote on August 26, 2008 06:11 PM: Americans allowed to be American brilliant!The Supreme Court and the Castile Doctrine agree.You have the right to keep and bear arms and it shall not be infringed.


    George Roberts wrote on August 26, 2008 05:32 PM: I absolutely support this proposed new law. The castle doctrine is just common sense. Why would the people of the State of Nevada want to second guess any homeowner or renter faced with an intruder in the middle of the night? The right and choice to use deadly force to protect the sanctity of our homes should be left to us, the citizens of Nevada. The castle doctrine affirms that right. If you're a burglar, then oppose it. If you're an honest Nevada resident, then support it!


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