Be sure to read each page in detail. Use the search function to check the blog. LOTS of good info on the blog. Open Carry Safety for Newly Armed Citizens Guide to Nevada's New Gun Owners Why Can't I Get My Gun in Three Days? Info Graphic Dump Here's the problem with pulling a gun on rioters/looters. Unless you are legally justified in using force, the law will not be on your side. You may survive the moment, but the criminal justice system has all the time in the world to identify you, track you down, and prosecute you. Remember the media is against you, the online mob is against you, and half of the political spectrum is against you. We are not at the "weapons free" stage where law and order supports what needs to be done in a morally and historically justified sense. We are still held to account under self-defense/justifiable homicide laws for a peaceful society, not one of open civil warfare. There are severe repercussions for taking measures a soldier would deem prudent in combat. The mob can get away with what it wants because there is little political will in most areas to aggressively arrest and prosecute the perpetrators. They also have numbers on their side making it difficult for police to apprehend the sheer volume of criminals and also sympathetic people in the mob will resist/attack arresting officers. Armed citizens can't get away with stuff like that. As a whole, we hold our fire until we absolutely can't take it anymore. We have an amazing tolerance. A lot of this is rooted in the fear of being prosecuted or being alone with the crowd. If a man starts shooting, he has to be prepared for the possibility that the crowd goes against him in a mad rush to grab the weapon. Others in the crowd might also be armed. When it comes to the use of force in this situation, the use of force (beyond being justified) has to be enough to deter the crowd. Are you able to put out the volume of fire to defeat the crowd? Can you sustain it? Can you show enough force that not just the weak weenies run off, but the bad guys too? And can you maintain that force to keep determined bad guys from coming back? What if you are arrested and all your guns are confiscated? What then? Police can't/won't protect him from any retailtory violence even he is in the right. He will constantly have to be on guard for someone who may wish to burn him out, etc. Just imagine how much worse this could get if guns are banned and radical leftists are in control (more than now) of the judicial systems? Prepare for increased violence on the streets and attacks on police. Malcontents and agent provocateurs may take advantage of the anger and chaos to pursue their own agendas of retribution and anarchy to commit acts of violence. We have already seen a false narrative of Metro/National Guard shooting unarmed persons. Uncritical segments of society will take the shootings as police declaring war on protesters. Do not be surprised if we see targeted police assassination attempts in low-impact areas. Prepare for a curfew. If violence and rioting continues, don't be surprised if the city of Las Vegas, Clark County, or other cities declare a curfew. While this will not be strictly enforced, it will lead to a lot of people leaving the streets and businesses closing. As the casinos re-open, expect a more resolved approach from police. Nevada's economy has been devastated by the lost of gaming/tourist revenue. It is vital that we re-open the casinos. Metro will probably draw a harsh line over protests on the Strip/Downtown that affect re-opening (which could spur increased resistance). Do not be surprised if there is little tourist traffic or casinos delay re-opening. Also do not be surprised if bad actors actively attempt to stop casinos from re-opening. Expect a lower police presence in some neighborhoods. Police will likely be pulled from all areas of Southern Nevada under mutual aid. Your area may have fewer officers on patrol and non-urgent calls for service may be delayed or not responded to. Aggressive/proactive policing may retract as officers feel they are in danger, under siege, or hated by the community. Be prepared for random looting/robbery/burglaries away from protest areas. If police are busy with a riot elsewhere, criminals may take advantage of long police response times or little/no presence to target places for crime. We have seem in LA and New York protests being organized in areas with high-end shopping that have quickly devolved into looting sprees. Some Walmarts in Nevada have closed and barricaded their entrances. Expect racial tension/violence to rise. Most people are good people who see the character of each person regardless of race, but there are a lot of idiots out there who can only see skin color. Unfortunately race becomes a uniform of sorts when people become tribal. Violent racists on any side may use these events as an excuse to turn their hate into action. Traffic problems may magnify. Pop-up protests may close freeways, trapping motorists inside of protests and riots. At any moment, a "peaceful" protest on a freeway could turn ugly if a vehicle/pedestrian collision occurs (get a dash cam). Stay away from areas of unrest. Know alternative routes and take them. Pay attention to news and traffic if you must go through potential unrest areas. Be ready for police roadblocks as well. Public transport may not be available. A second wave of COVID-19 is inevitable. 10 Minnesota National Guardsmen have tested positive for the coronavirus. So many people in very close proximity; shoulder-to-shoulder, yelling and chanting, is spewing the virus everywhere. Even though many are wearing masks, many aren't. Masks have also been shown to be at best only a litigant against infection. Lock down orders will likely be ignored by the masses. Don't be surprised if organized attacks/bombings take place. Use of improvised explosive devices are common in uprisings around the world. Political bombings (and against police) are not unknown in American history. Richmond, Carson City, Las Vegas, Sacramento, Texas, Frankfort, Lansing. What is the difference between each of them? These incidents were peaceful. Police brutality is far less common in the United States than it was decades ago. Our police are the best trained and the best reflection of our population as they have ever been. What we are seeing is mass media/social media magnifying isolated incidents and inciting people with narratives construed to inflame. If you feel you have been aggrieved by police brutality, turn the other cheek. An eye for an eye makes the world blind. Metro Officer Shot, In Critical Condition; LVMPD Involved in Second Shooting; Protest Related6/2/2020
Review-Journal 8 News Now One Metro officer was shot critically during the Black Lives Matter protest outside Circus Circus Monday night. An LVMPD officer also shot an armed man in front of the federal courthouse downtown. One suspect is dead. At least one of the suspects was openly carrying a weapon. Open carry is not intended to help your ability to riot or foment unrest over an issue that you don't understand. Open carry is to protect law abiding citizens. Nevada Carry in the harshest terms possible condemns those bringing firearms to the protests in order to exploit the chaos for their own twisted purposes and to sew further mayhem. Wanna know the difference between people in the gun community and the ones out "protesting?" None of the people at our rallies have shot cops. Furthermore, we continually engage our police and politicians through Democratic means. I point the Bundy rallies as to the restraint of the gun activist side of the crowd. While there will be disagreement over the nature and purpose of the rally, Nevada Carry believes the grievances to be ill-legitimate, founded upon media hype and race baiting, and the crowds woefully misinformed about the state of police relations. Randomly targeting street cops over simple hate for police is not appropriate and will not will you your goals. Killing police will only alienate your community from police, incite more repressive measures, and cause greater crime as officers de-police. Vigilant citizens in Las Vegas need to be on alert. The riots now have the potential to continually escalate into further violence. Las Vegas may burn if these acts of insurrection incite others to further terrorism. This happened Monday night, 6/01/2020. Loaded open carry has been illegal in California since 1968. Unloaded open carry was banned in 2012 for handguns and in 2013 for long guns. Except: 26045 PC (a) Nothing in Section 25850 is intended to preclude the carrying of any loaded firearm, under circumstances where it would otherwise be lawful, by a person who reasonably believes that any person or the property of any person is in immediate, grave danger and that the carrying of the weapon is necessary for the preservation of that person or property. 26405 PC Section 26400 does not apply to, or affect, the carrying of an unloaded firearm that is not a handgun in any of the following circumstances: (a) By a person when carried within a place of business, a place of residence, or on private real property, if that person, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person. (b) By a person when carried within a place of business, a place of residence, or on private real property, if done with the permission of a person who, by virtue of subdivision (a) of Section 25605, may carry a firearm within that place of business, place of residence, or on that private real property owned or lawfully occupied by that person.
Disclaimer: I am not an attorney and this does not constitute, nor should be implied as, legal advice.
You are allowed to use lawful resistance sufficient to prevent the offense if you are about to be injured (or to aid someone else). Resistance sufficient to prevent the offense is the key phrase here. In other words, you can't over-react and kill someone for spray painting your wall, but you are justified in taking the can away, knocking it out of their hand, or even using physical force to arrest them. Deadly force is never justified over property crime. Deadly force can only be used to stop a threat of death or serious bodily injury. The idea goes that a "less lethal" shot to an arm, hand, etc. can easily miss and warning shots could become unintentional hits or injury a bystander. Arson So what does one do if someone tries to burn down a building? If no one is in the building, call the fire department and hope they can get in with a police escort. Engaging rioters who have escalated to arson may result in serious injury or death if you try to stop them. Even though you are justified in attempting to stop (non-lethally) their attack, and if the crowd tries to kill you, shoot at the crowd, your every action might be scrutinized. You also might be overpowered and killed. If you are in the building, try and leave. Try not to be there in the first place. Fight the fire, not the crowd. If you cannot leave the building, things become different. Remember, if you use deadly force you will have to articulate why you did what you did in court potentially. What are your other options? NRS 200.200 Killing in self-defense. If a person kills another in self-defense, it must appear that: 1. The danger was so urgent and pressing that, in order to save the person’s own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary What will be scrutinized is what seemed reasonable at the time. Could you escape the building? Was the arson a serious attempt to burn down the building, or was the fire so wimpy a kitchen fire extinguisher could have tackled it? Perhaps you are a business owner who was securing their store against a riot when things flashed over sooner than expected and looters are trying to get inside. You are trying to push a looter out the front door when he pulls a gun and you kill him. The crowd backs off, but now the front and back door is surrounded. Police can't get to you. Let's say someone starts heaving Molotov cocktails through the front window or on the roof. Can you shoot them? You would likely argue that you were lawfully present in your businesses, were trying to secure it so you didn't need to be there, and you used lawful force trying to shove the first looter out of the hole he created so you could board it up. Only that looter pulled a gun and you killed him in self-defense. Probably no issue there. You did nothing wrong at this point. You even tried the backdoor, but angry people were banging on that. You were almost just shot, so you are afraid that the angry crowd will beat you to death. The police say they are on their way, but you can't get out until they do. Not being there isn't an option. Running away isn't an option. Fighting the fire isn't an option. If you shoot arsonists, you are going to have be prepared to argue why deadly force was your only option. Can you prove that they were trying to burn you alive (or didn't care if in burning down your building, you died in the fire—the felony murder rule is a thing)?
Nevada Carry highly recommends enrolling in a program to protect you from legal costs if you are involved in a self-defense shooting. Join USCCA today!
NRS 200.160 Additional cases of justifiable homicide.
Homicide is also justifiable when committed: 2. In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is.
Things might be a little different at home. The NRS is clear that you can used deadly force against anyone trying to break into your home in a violent, riotous, tumultuous or surreptitious manner to attack you. You can shoot that looter/rioter trying to break in because it's highly likely that by entering into an occupied home, his intent is to attack you and commit other felonies.
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