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Thread: paintball marker

  1. #1
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    paintball marker

    Is it illegal to open carry a (fully visible) paintball pistol marker that shoots under 500 fps without a permit or being 21?

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    In Las Vegas N.V.

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    Campaign Veteran MAC702's Avatar
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    At 18, you can carry a fully loaded real firearm...
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    So..... its not a felony or is one? I'm not but a little less than 3 months from 18.. and its not a true firearm because it won't go over a certain amount of fps and does not use an explosion to move a projectile.
    Last edited by jt112411; 09-20-2012 at 10:46 AM.

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    I've seen ordinances that define firearm as anything that launches a projectile, that includes bows, crossbows, slingshots.

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    Technically it could be considered a firearm under NV law. It all depends on the definition of "weapon".

    The Online Dictionary defines it as: An instrument of attack or defense in combat, as a gun, missile, or sword.

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    1. It appears to me that open carry of a paintball gun is generally legal regardless of age, although I may be missing something. However, they are illegal at child care facilities, schools, and universities. However, local laws may apply. For firearms the law prevents localities from making stricter laws than the state under most circumstances. The same would not be true for paintball guns.

    2. At the age of 18 you may open carry a firearm, including a handgun.

    3. Here are some of the applicabable laws:


    NRS 202.253 Definitions. As used in NRS 202.253 to 202.369, inclusive:
    1. “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
    2. “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
    3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.
    4. “Motor vehicle” means every vehicle that is self-propelled.
    (Added to NRS by 1977, 879; A 1979, 157; 1989, 1239; 1995, 1151, 2533, 2726; 1997, 662, 826; 2001, 805; 2003, 1350; 2005, 594)
    NRS 202.300 Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances.
    1. Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
    2. A person who aids or knowingly permits a child to violate subsection 1:
    (a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.
    (b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
    (c) For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
    3. A person does not aid or knowingly permit a child to violate subsection 1 if:
    (a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
    (b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
    (c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or
    (d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.
    4. The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.
    5. Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:
    (a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or
    (b) A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,
    and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.
    6. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:
    (a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;
    (b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;
    (c) Participating in a lawfully organized competition or performance involving the use of a firearm;
    (d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
    (e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;
    (f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or
    (g) At his or her residence.
    7. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:
    (a) Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and
    (b) Is not otherwise prohibited by law from possessing such a firearm.
    8. A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:
    (a) An occupant of a motor vehicle;
    (b) Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or
    (c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.
    9. For the purposes of this section, a firearm is loaded if:
    (a) There is a cartridge in the chamber of the firearm;
    (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
    (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
    [1911 C&P 345; RL 6610; NCL 10293]—(NRS A 1963, 3; 1991, 1154; 1995, 1152; 1997, 516, 1181)

    NRS 202.310 Sale of firearms to minors; penalty. Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
    [1:164:1955]—(NRS A 1995, 1154; 1997, 519, 1183)

    NRS 202.265 Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.
    1. Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:
    (a) An explosive or incendiary device;
    (b) A dirk, dagger or switchblade knife;
    (c) A nunchaku or trefoil;
    (d) A blackjack or billy club or metal knuckles;
    (e) A pistol, revolver or other firearm; or
    (f) Any device used to mark any part of a person with paint or any other substance.
    2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
    3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:
    (a) A private or public school or child care facility by a:
    (1) Peace officer;
    (2) School security guard; or
    (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.
    (b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.
    4. The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.
    5. For the purposes of this section:
    (a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.
    (b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.
    (c) “Nunchaku” has the meaning ascribed to it in NRS 202.350.
    (d) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.
    (e) “Trefoil” has the meaning ascribed to it in NRS 202.350.
    (f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.
    (Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913)
    And that is just the legal of it. But I'm no lawyer and don't dispense any legal advice. There could be laws I'm not thinking of that may apply.

    But a paintball gun is no good as a defensive tool in my opinion. It merely leaves little welts, unless you hit someone in the eye, (then it could cause serious eye damage.) If you needed to defend yourself, a paintball gun borders on useless, I think. But improper use would easily qualify as assault and or battery and possibly with a deadly weapon since looking down a .68 caliber barrel from the muzzle end one might think it is a firearm.
    Last edited by Felid`Maximus; 09-20-2012 at 04:21 PM.

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    It is a .43 cal glock style and i would be using chilli powder rounds... I would much rather have that when someone pulls a knife on me then just trying to fist fight. Think about it you pull a knife they pull a gun and your stuck looking down a barrel.who wins? I do carry police issued handcuffs and would like a little more!

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    I don't understand all the legal stuff either.

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    Re: paintball marker

    Quote Originally Posted by jt112411 View Post
    It is a .43 cal glock style and i would be using chilli powder rounds... I would much rather have that when someone pulls a knife on me then just trying to fist fight. Think about it you pull a knife they pull a gun and your stuck looking down a barrel.who wins? I do carry police issued handcuffs and would like a little more!
    Skip all that, its just going to get you jacked up. Carry pepper spray until you turn 18, then get yourself a proper firearm. You can't buy from a dealer (more like they can't sell to you). But you can buy private party. Start eyeing gunbroker .com now, and look for local sellers. Also check out nevadashooters.com, as they have a buy/sell section that does pretty brisk business.

    Related topic, anyone know if the "dealer can't sell to under 21" would also apply to an inbound FFL transfer? I'm guessing yes, but if someone knows for sure...



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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Merlin View Post
    ...Related topic, anyone know if the "dealer can't sell to under 21" would also apply to an inbound FFL transfer? I'm guessing yes, but if someone knows for sure......
    Correct. The licensee cannot transfer to an underage person.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    How can you open carry a pistol at 18 if your not allowed to have one until your 21?

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    Campaign Veteran MAC702's Avatar
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    You are allowed to have them. You are allowed to buy them. But a firearms dealer is not allowed to sell (transfer) one to you. This means you have to purchase it from a private party who is not a licensed firearms dealer. Don't look for the law to make any sense...
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Re: paintball marker

    Quote Originally Posted by MAC702 View Post
    You are allowed to have them. You are allowed to buy them. But a firearms dealer is not allowed to sell (transfer) one to you. This means you have to purchase it from a private party who is not a licensed firearms dealer. Don't look for the law to make any sense...
    And to expand on this, make sure you just carry a copy of the relevant statutes until you hit 21, because you are gonna have to school a lot of cops until then.

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    What steps would I have to take to carry a real pistol at 18

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    Quote Originally Posted by jt112411 View Post
    What steps would I have to take to carry a real pistol at 18
    Step 1: Buy a pistol from a private party and take it to police station to register it.
    Step 2: Get a good holster and possibly a spare mag holster too for extra SHTF situations.
    Step 3: Pack all your mags full with self defense (aka Hollow Points) rounds.
    Step 4: Rack the slide and head out the front door (WITHOUT your blue card! leave that at home. despite popular belief, its not required to be on you.)
    Step 5: Enjoy being a lawfully armed, right exercising, American citizen....

    oh yea...maybe print out the open carry pamphlet and carry it with you (doesnt serve as a ccw so dont hide your gun) it just explains what you can and cant do. alot of cops dont even know the laws so be prepared to whip that bad boy out....the pamphlet i mean. and teach them a thing or two.

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    Quote Originally Posted by VegasGlocKid View Post
    Step 1: Buy a pistol from a private party and take it to police station to register it.
    Step 2: Get a good holster and possibly a spare mag holster too for extra SHTF situations.
    Step 3: Pack all your mags full with self defense (aka Hollow Points) rounds.
    Step 4: Rack the slide and head out the front door (WITHOUT your blue card! leave that at home. despite popular belief, its not required to be on you.)
    Step 5: Enjoy being a lawfully armed, right exercising, American citizen....

    oh yea...maybe print out the open carry pamphlet and carry it with you (doesnt serve as a ccw so dont hide your gun) it just explains what you can and cant do. alot of cops dont even know the laws so be prepared to whip that bad boy out....the pamphlet i mean. and teach them a thing or two.


    Would I need a bill of sale to prove its a private party sell and not stolen?...what's a blue card? How do I obtain one?...what website can I get a open carry pamphlet from?

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    Regular Member DooFster's Avatar
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    paintball marker

    1) It wouldn't hurt...
    2) When you register it, they give it to you...
    3) Take a look at the "sticky" listings. It's right there as a PDF format...
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

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    I would add one comment: Lose the handcuffs. You are not a police officer and you don't want to be branded as a "wannabe" either. If, Deity forbid, you do have to shoot someone in self-defense, you are not going to want to get close enough to them to apply any sort of restraint nor, in fact, to render first aid.
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    I would like to take a second and give a huge thanks to everyone helping! Your the future of America... I was also curious how old I would have to be to get a concealed weapons permit? ... also what "sticky?"

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    You have to be 21, in the State of Nevada to get a Nevada Concealed Firearm Permit.

    NEVADA CONCEALED FIREARM PERMIT

    NRS 202.3657 Application for permit; eligibility; denial or revocation of permit.

    1. Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

    2. A person applying for a permit may submit one application and obtain one permit to carry all revolvers and semiautomatic firearms owned by the person. The person must not be required to list and identify on the application each revolver or semiautomatic firearm owned by the person. A permit must list each category of firearm to which the permit pertains and is valid for any revolver or semiautomatic firearm which is owned or thereafter obtained by the person to whom the permit is issued.

    3. Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, semiautomatic firearms or both, as applicable, to any person who is qualified to possess the firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:

    [B](a) Is 21 years of age or older[/B];

    (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

    (c) Demonstrates competence with revolvers, semiautomatic firearms or both, as applicable, by presenting a certificate or other documentation to the sheriff which shows that the applicant:

    (1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

    (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
    Last edited by FallonJeeper; 09-21-2012 at 12:03 PM.
    Hoka hey

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    Quote Originally Posted by jt112411 View Post
    I would like to take a second and give a huge thanks to everyone helping! Your the future of America... I was also curious how old I would have to be to get a concealed weapons permit? ... also what "sticky?"
    While I wont discourage you from getting and carrying a firearm. You need some skills. Like knowing what a sticky is and where to find it. This forum and the MANY threads have many if not all of your answers. Take the time and slow down and read a bit.

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    Where can I find a list of states that approve of a Nevada blue card holder for open carrying?

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    Quote Originally Posted by jt112411 View Post
    Where can I find a list of states that approve of a Nevada blue card holder for open carrying?
    Blue card is a (constitution violating) gun registration it has no relation to carry of a firearm. every state is different handgunlaw.us is a good place to look, for example texas and California do not allow open carry. Nevada has no law regulating open carry and by default makes it legal. Arizona is a Constitutional Carry state with carry open or concealed without a permit.
    Last edited by Frantic84; 09-21-2012 at 02:32 PM.
    remove handgun registration in Clark County,NV

    2nd amendment in modern English: The people have the right to own and carry firearms, and it may not be violated because a well-equipped Militia is necessary for a State to remain secure and free.

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    The blue card is just a Clark County registration card. It has nothing to do with open carry, other than the fact that you must have a blue card to own a handgun in Clark County. The card means nothing outside of Clark County.

    Every state has their own set of laws regarding open carry. Here is a good starting place for finding what states allow open carry: http://www.opencarry.org/opencarry.html

    Before you start to open carry though, you should learn all of the laws that apply so you don't make the mistake of carrying into a place that bans guns. A good starting place for Nevada laws on carry is here: http://forum.opencarry.org/forums/sh...Carry-Pamphlet

    A solid understanding of self-defense law, gun safety, and proficiency with using a firearm are also important.
    Last edited by Felid`Maximus; 09-21-2012 at 02:36 PM.

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