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Old January 27, 2010, 05:22 PM   #47
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by WoofersInc
Fortunately for me, my state has actually listed this in it's statutes.....
Nope, I'm afraid it won't work that way. NRS 202.257 will prevent you from being charged with a crime if you are in your home with a BAC of 0.10 or greater and have possession of a firearm for self defense. See edit below for clarification.

However, if you used your gun in what you claim was self defense, but you have been charged and are on trial for aggravated assault or manslaughter, NRS 202.257 will not keep the prosecutor from ---

[1] Putting on an expert witness to testify about the effects of alcohol on one's perception and judgment;

[2] Putting into evidence an expert opinion that your perception and judgment were impaired as a result of the alcohol you had consumed; and

[3] Using that to attack your credibility and your claim that you had reasonably determined that your use of lethal force was necessary and justified.

[EDIT] Looking this over, I see that I need to clarify the first paragraph. It really should read as follows:

Nope, I'm afraid it won't work that way. Under NRS 202.257, it is a crime (a misdemeanor) to have possession of a gun if your BAC is 0.10 or greater. NRS 202.257 also protects you against being charged with that crime if you are in your residence and have possession of the firearm for self defense.

Last edited by Frank Ettin; January 27, 2010 at 08:55 PM. Reason: clarify
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