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varminter22
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| Joined: | Wed Dec 19th, 2007 |
| Location: | Fallon, Nevada USA |
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Posted: Sun Sep 14th, 2008 03:17 pm |
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CowboyKen wrote: wayneco wrote:
Get a NV or UT/FL CFP and you can carry dang near anywhere...
If you are Nevada resident a UT/FL CFP does not work for you. You must have a Nevada permit.
Ken
Actually, I believed that also. NRS 202.3688 (quoted below from http://www.leg.state.nv.us/NRS/NRS-202.html#NRS202Sec3653) says:
NRS 202.3688 Circumstances in which holder of permit issued by another state may carry concealed firearm in this State; holder of permit issued by another state subject to same restrictions and requirements as holder of permit issued in this State.
1. Except as otherwise provided in subsection 2, a person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3653 to 202.369, inclusive.
2. A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may not carry a concealed firearm in this State if the person:
(a) Becomes a resident of this State; and
(b) Has not been issued a permit from the sheriff of the county in which he resides within 60 days after becoming a resident of this State.
3. A person who carries a concealed firearm pursuant to this section is subject to the same legal restrictions and requirements imposed upon a person who has been issued a permit by a sheriff in this State.
(Added to NRS by 2007, 3150)
indicated (to me) that one must obtain a NV permit IF you become a NV resident.
HOWEVER, at the NSCA CCW Permit Holders Forum on September 10, 2008, the NSCA's CCW permit subcommittee chairman (and Douglas Co Undersherirff) Paul Howell indicated otherwise. He indicated it is a somewhat grey area, and you can, BUT he advised it might be a good idea to get a NV permit.
Kinda makes you wonder why law cannot be written more specifically!
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Felid`Maximus
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| Joined: | Mon Nov 12th, 2007 |
| Location: | Reno, Nevada USA |
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Posted: Thu Dec 11th, 2008 02:05 am |
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| I've updated the pamphlet to take into account the new ruling on carry in national parks and wildlife refuges.
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Count
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Posted: Mon Jan 5th, 2009 08:51 pm |
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| The only caveat is the peace officer has no authority to enforce federal law. The way it works they can hold you on a state or local charge and then that pending notify feds, however you cannot be directly charged or detained by a peace officer on a federal charge. Isn't this the excuse given by states and cities to not enforce federal immigration laws by local peace officers?
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wayneco
Regular Member
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Posted: Fri Jan 16th, 2009 07:18 am |
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| Hey, does anyone happen to know where the latest rev of the Nevada Open Carry flyer is located? Is it the one on the first page of this thread?
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wayneco
Regular Member
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Posted: Fri Jan 16th, 2009 07:20 am |
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I almost forgot: It'd be great if this were made available in .pdf format instead of .doc. Some of us don't do MS Office / Windows. 
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Felid`Maximus
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Posted: Fri Jan 16th, 2009 07:36 pm |
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Yep, the one that is available for download on the first page is the most up to date version. I made some minor revisions today as well.
A PDF version is also available on my second post in the thread. I now added a link to it from the first post. For convenience, I'll added them to this post too, but now they are gone.
Last edited on Sat Jan 17th, 2009 06:03 am by Felid`Maximus
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wayneco
Regular Member
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Posted: Fri Jan 16th, 2009 09:00 pm |
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Never saw it. I wonder if maybe you can edit your first post in this thread to add links to the pdf version? that'd make it super easy for people to find in the future...
and howdy from Incline Village NV! We're living up here for the winter.
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Felid`Maximus
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Posted: Fri Jan 16th, 2009 09:47 pm |
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Now there are links on the first post. I actually just changed it again, today, sorry to the possibly 4-6 people that downloaded the first time I changed it today. I just realized that the pamphlet had said that the current AG website made no mention of open carry, and recently the AG website makes mention of it again.
The Attorney general has also basically said that there all local ordinances are in effect. Pamphlet temporarily removed.
EDIT: A new temporary version of the pamphlet has been created which no longer states that one is protected from preemption of local laws. Hopefully if things get sorted out this version won't last long.
Last edited on Fri Jul 3rd, 2009 11:55 pm by Felid`Maximus
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delta246
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| Joined: | Tue Feb 10th, 2009 |
| Location: | Reno, Nevada USA |
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Posted: Wed Feb 11th, 2009 12:54 am |
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good stuff , thanks for this i posted this on reno4x4.com under the firearm section as well. thanks again!
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Count
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Posted: Wed Feb 11th, 2009 05:10 pm |
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| The AG website is false. The state reserves the exclusive right to regulate the carrying of firearms in Nevada. No local jurisdiction is allowed to make laws ref. carrying. I am not talking here about the ongoing situation with Boulder city, or car carrying in North Las Vegas. The rest is all uniform and we need to contact the AG on the phone and via email to let them know to correct the erronious statement immediately!
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CowboyKen
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Posted: Thu Feb 12th, 2009 05:36 pm |
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Count wrote: The AG website is false. The state reserves the exclusive right to regulate the carrying of firearms in Nevada. No local jurisdiction is allowed to make laws ref. carrying. I am not talking here about the ongoing situation with Boulder city, or car carrying in North Las Vegas. The rest is all uniform and we need to contact the AG on the phone and via email to let them know to correct the erronious statement immediately!
Count,
Please let us all know the response that you get when you talk to them. Thanks.
Ken
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Lord Vader
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| Location: | Sparks, Nevada USA |
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Posted: Thu Feb 12th, 2009 07:44 pm |
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Count wrote: The AG website is false. The state reserves the exclusive right to regulate the carrying of firearms in Nevada. No local jurisdiction is allowed to make laws ref. carrying. I am not talking here about the ongoing situation with Boulder city, or car carrying in North Las Vegas. The rest is all uniform and we need to contact the AG on the phone and via email to let them know to correct the erronious statement immediately!
I did contact them through email. The only person who responded was John C. Berrier, a legal researcher in the Criminal Division. He basically said I was wrong. At the end of the last email he sent me (I responded to his response), he told me that if I was arrested for violating local firearms statutes, they would not represent me. Even if that's true (it might be, but it really doesn't matter), it seemed really unnecessary to mention. Honestly, all his emails seemed to be hostile in response.
I can post it all if you want. I also posted it on nevadashooters.com.
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Count
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Posted: Fri Feb 13th, 2009 09:19 am |
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[size=Dear Mr. xxx: ]
[size= ]
[size=Your e-mail to the Nevada Attorney General’s Office has been forwarded to me for review and response. ]
[size= ]
[size=This office is very much aware of NRS 268.418, NRS 244.364, and NRS 269.222. ]Basically these statutes are supremacy and preemption legislation over the local statutes governing the regulation of firearms (with the exception of no shooting / no discharge of firearms authority).
[size= ]
[size=In this case preemption is the rule of law that if the Nevada State Government, through the Nevada State Legislature, has enacted legislation on a specific subject matter (in this case local firearms regulations), it shall be controlling over local laws and/or preclude local jurisdictions from enacting laws on the same subject if the State of Nevada has specifically stated it has now occupies. Again, there is no language repealing any local firearms statutes, just the language that the Nevada State Legislature now dominates this field (local firearms’ regulation). ]
[size= ]
[size=Strict statutory constructionist reading of these statutes shows that there is no language repealing any local statutes regarding firearms; again, just the supremacy and preemptive language. ]Hence all existing local firearms statutes at the time of this legislation are (were) “grandfathered” in. In more simple terms, at the time of the enactment of these statutes, the State of Nevada took control of local firearms’ statutes. The State of Nevada, in taking control of these local firearms’ statutes, did not repeal them; just preempted and took control of them!
[size= ]
[size=An excellent example of the Nevada State Legislature as the controlling / supremacy / preemption authority over existing local firearms statutes is Nevada Senate Bill] 92 (2007, Statutes of Nevada, Page 1289, which amended NRS 244.364). This is the legislation that changed the handgun registration requirements in Clark County, not repealing them!
[size= ]
[size=Addressing your argument, if NRS 268.418, NRS 244.364, and NRS 269.222 (enacted in 1989) did repeal local firearms statutes (which it did not); why then did the 2007 Nevada State Legislature] pass SB 92 (in 2007) to amend a Clark County firearms’ statute that was supposedly repealed eighteen (18) years earlier by NRS 268.418, NRS 244.364, and NRS 269.222 in 1989? Why pass SB 92 to amend a statue that does supposedly does not exist?
[size= ]
[size=Answer, because NRS 268.418, NRS 244.364, and NRS 269.222 did not repeal any local firearms’ statutes, just took control of them! ]
[size= ]
[size=Some examples of local firearms’ statutes that are still in effect are: ]
[size= ]
[size=North Las Vegas Municipal Code 9.32.010] Concealed weapon prohibited--Allowed with permit.
[size= ]
[size=No person, except a peace officer], shall wear or in any manner carry concealed upon his person any loaded or unloaded gun, pistol or revolver, or any other dangerous or deadly weapon permitted to be carried by law without having, at the same time, actually in his possession, and upon his person, an unexpired permit to do so issued by the chief of police. (Prior code § 7.22.010)
[size= ]
[size=Boulder City] Municipal Code 7-1-3 Discharging Firearms, Air Guns:
[size= ]
[size=No person except a sheriff, constable or police officer shall fire or discharge any firearms or air guns of any description within one thousand (1,000) yards of any building, street, sidewalk, alley, highway or other public place or have any firearms or air gun in his possession within one thousand (1,000) yards of any building, street, sidewalk, alley, highway or public place unless it is unloaded and knocked down or enclosed within a carrying case; provided, that this Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the City Council. This Section shall not prohibit the stocking of firearms by duly authorized dealers in the same. ](Ord. 28, 1-3-1960, eff. 1-4-1960)
[size= ]
[size=These and all other existing local firearms statutes, as they now read, they are legal and enforceable unless amended or repealed by the Nevada State Legislature (not local government). ]That is why there is the conditional statement on the Nevada Attorney General’s website urging caution about the possibility of local ordnances prohibiting the open (or other) carrying of firearms.
[size= ]
[size=Again, given these two examples; it is the responsibility of this office to give a generic warning that there may be local statutes governing the use of firearms. ]There is no firearms’ information on the Nevada Attorney General’s website to be corrected. Your interpretation of NRS 268.418, NRS 244.364, and NRS 269.222 is not correct. The information posted on the Nevada Attorney General’s website is correct and will not be changed.
[size= ]
Thank you contacting the Nevada Attorney General’s Office concerning this matter.
[size=John C. Berrier]
[size=Legal Researcher] – Criminal Division
[size=Office of Nevada] Attorney General
[size=100 N Carson Street]
[size=Carson City, NV 89701]
[size=Telephone: (775) 684-1240]
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DESERT ATILLA
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Posted: Fri Feb 20th, 2009 12:11 am |
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| I don't know if it makes a difference, but can this statement be considered an actual, official opinion of the AG? I haven't seen any kind of publication with the AG's name on it.
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Felid`Maximus
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| Joined: | Mon Nov 12th, 2007 |
| Location: | Reno, Nevada USA |
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Posted: Sat Mar 28th, 2009 03:24 am |
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Well I haven't actually seen anything written by her, or anything written on the subject with her signature on it. I would only imagine she endorses the message her office is making however.
It is too bad that the National park ruling is being blocked right now. Back when it was blocked the pamphlet was modified to take note of it.Last edited on Sat Mar 28th, 2009 03:54 am by Felid`Maximus
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TatankaGap
Regular Member
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Posted: Sun May 24th, 2009 05:59 pm |
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Felid`Maximus wrote: Well I haven't actually seen anything written by her, or anything written on the subject with her signature on it. I would only imagine she endorses the message her office is making however.
It is too bad that the National park ruling is being blocked right now. Back when it was blocked the pamphlet was modified to take note of it.
Your NV carry flyer is an excellent piece of work. Many thanks. 
And it looks like you'll get to keep your note about National Park (with some revisions) ~
Last edited on Sun May 24th, 2009 05:59 pm by TatankaGap
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Felid`Maximus
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Posted: Fri Jul 3rd, 2009 11:43 pm |
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Thanks Tatanka.
It is now revised to take into account the new federal legislation, as well as which states permits are recognized in Nevada (which just changed July 1) and fixes links.
Last edited on Sun Aug 9th, 2009 05:15 pm by Felid`Maximus
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gvaldeg1
Regular Member
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Posted: Sun Jul 5th, 2009 01:57 am |
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CowboyKen wrote: wayneco wrote:
Get a NV or UT/FL CFP and you can carry dang near anywhere...
If you are Nevada resident a UT/FL CFP does not work for you. You must have a Nevada permit.
Ken
As of July 1, 2009, Nevada no longer recognizes Utah or Florida concealed carry permits (CCWs). BTW: Felid Maximus, thanks a million for all of your work on the Guide to Nevada Gun Laws! Since my Utah CCW is no longer good in Nevada, I'll have to open carry until I get a Nevada CCW or my Arizona permit is recognized.
Last edited on Sun Jul 5th, 2009 02:01 am by gvaldeg1
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Felid`Maximus
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Posted: Sun Aug 9th, 2009 05:14 pm |
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Thanks. A new version is available to take into account the AG website no longer having a firearms FAQ and to clarify the federal law section.
Download August 9, 2009 version as PDF:
http://opencarry.mywowbb.com/attachment.php?id=7496
Last edited on Sun Aug 9th, 2009 05:15 pm by Felid`Maximus
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infinitearms
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Posted: Wed Aug 12th, 2009 09:45 pm |
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Do i have your permission to distribute printed copies of this pamphlet at my gun store?
Maybe this will help educate the "I know all the gun laws and OC is illegal" types.
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