Get Adobe Flash player

Boston Bombings / Castile Doctrine & Stand Your Ground Laws in Nevada

The update is going out to the victims of the Boston Marathon. Many experts warned that it was not a matter of if but of when something like this would happen.
There are a few words coming out of this, Don't sleep America - Be Aware.

There are a few things you can do to protect yourself before and during events like these.

It's no surprise how the bombing was carried out. For generations bombers have used stradegies like this to inflict the most carnage and we seen this in Boston.
They will set off a smaller bomb to draw people in then a short later set off a much larger bomb which really does the killing.
I understand, although not confirmed that law enforcement found two additional bombs after the initial blast and were able to diffuse them.

Here are a few stradegies you can use to protect yourself while out in public and one of them I go over in class, cover.

 

1. Always find and be close to cover. Concrete columns, barriers, anything that can stop
    shrapel 
or bullets. 

2. DO NOT congregate near glass store fronts or anything that can shatter and turn into shards
    of 
death. Especially if inside a store front.

3. Mailboxes have always been a great concealement container for bombs. It's best not
    to 
congrgrate near them. Same with trash cans.

4. It's great to hear of stories of those that rushed to the aid of others immediately following
    the 
blasts but remember one thing, The safest place you and your family can be is
    somewhere 
else. Resist the urge to help and get to safety...away from the area. Remember
    you risk everything if you decide to be a hero. Another thing to think about is that terrorist will
    set off a small bomb just to get a lot of people 
to gather in the area, then set off a much larger
    bomb killing as many as they can.


Castile Doctrine & Stand Your Ground
For every two or three inquires about my CCW class I get people excited about getting their permit. Some tell me they most likely will be in the next class while others outfight say they have more than a few people and that they will be in the very next class. Many times, I never hear from them again. I get a lot of that and it really it is no big deal. Par for the course and to be honest, I would rather have those who think heavily about the decision to carry than those that don't.

When I was deciding on getting a permit in 1999, it took me months until I scheduled my class. It was all about thinking of the responsibility of carrying a handgun for protection. What if someone found out? What if I had to use it. . .what then?

What's satisfying in my classes is out of all the modules MOST of my clients very much look forward to the portion on Law. It is the one that gains the most attention. Recently I fielded some questions on Nevada's Castile Doctrine and thought this would be great for my next journal.

Most people think the Castile Doctrine and Stand your Ground Law and both one and the same. To many reading this and to your surprise, the two are in fact entirely different.

While Nevada clearly has the castile doctrine documentented in AB321, they have the stand your ground law documented in jury instructions.

When inside the home, it's 'Your home is your castile'. When outside the home, it's the "stand your ground" laws that apply. Pretty much every state has the castle doctrine explicitly as law, or has case law and jury instructions that emcompass it. The duty to retreat when OUTSIDE the home varies depending upon the jurisdiction.


One thing to remember though, is that the Castle Doctrine, in and of itself, does not say you can just shoot anyone in your home. The key elements of justifiable homicide must still be there for it to be a righteous shooting. There has to be a reasonable and prudent perception that this man is capable of causing you death or great bodily harm.“Capable” means he has to be capable of doing it immediately, not at some future time.

The biggest source of misinformation when it comes to Castle Doctrine laws is actually the anti-gun activist groups, like Sarah Brady and the “Violence Policy Center.” They’ll say things like, “Oh my God, this new Castle Doctrine law says you can shoot anyone who looks at you cross-eyed and remotely makes you feel threatened.” That’s not what any Castle Doctrine or stand-your-ground law says. it’s imperative for anyone who might find themselves in a self-defense situation to know and understand exactly what the law says and how it is applied.

The elements of ability, opportunity, and jeopardy still have to be there, even if you don’t have a duty to retreat. By “ability,” the law is saying that he has to have the power to kill or maim you. By “opportunity,” the law means that he must be capable of immediately employing the power to harm you. By “jeopardy,” the law means that within the totality of the circumstances, a reasonable, prudent person would conclude from the attacker’s words and/or actions that he is immediately about to kill or seriously injure you.

This brings us back to the myth that the Castle Doctrine allows you to kill absolutely anybody you find in your house. This has been repeated often enough that there are gun owners who actually believe it. Look at it this way: If two ten-year-olds knock a baseball through your window and then climb inside to get the ball, are you going to shoot them? Are you justified in using deadly force against the boys who are now in your house? NO! Yet you’ll talk to people who say that if they find a stranger in their house, they’ll just shoot him outright because the Castle Doctrine says they can. Anyone who says that has never read the law and doesn’t have a clue what it will cost them in the end.

Be Safe and Stay in condition Yellow,

Rick Cross
Be Safe Firearms Instruction
Nevada & Utah Certified CFP Instructor - 6th Year
Certified Sabre Civilian Defense Spray Instructor
NRA Lifetime Member #082605371
NRA Certified Pistol and Personal Protection Instructor
NRA Certified Rifle and Shotgun Instructor
NRA Certified Reloading Instructor
Front Sight Lifetime Guardian Member
Affiliated Instructor Armed Citizens Legal Defense Network
Affiliated Instructor Armed Response & Taser Intl.
Las Vegas, Nevada.
http://www.besafefirearms.com
Mobile: (702) 275-1625