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Reno park searches

Yard Sale

Regular Member
Joined
Feb 13, 2010
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708
Location
Northern Nevada, ,
http://www.rgj.com/article/20130526...-failure-consent-bag-search-unconstitutional-

Chris Corbett of Reno brought a bag with him to the Reno River Festival event earlier this month in downtown’s Wingfield Park.


At an entrance, a security guard asked to search his bag. Corbett said no and that this was a violation of his Fourth Amendment right against unreasonable searches.


The guard basically said tough luck.


Corbett told Fact Checker he went to some nearby Reno police officers to seek their help entering the park and that they, too, said basically, “Be searched or go home.”
 

Nevada carrier

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Joined
Mar 30, 2010
Messages
1,293
Location
The Epicenter of Freedom
I agree with Yard Sale, let them try to deny you access to a public park for a constitutionally protected activity, such as bearing arms. This whole notion of a public place that suddenly becoms private just because someone decided to pay a huge fee to rope it off for the day doesn't sit well with me. If I can walk through a public park with my firearm one day, but the next I cant becuase some group decided to setup shop there, now we have a serious problem.
 

MAC702

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Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
I do not know what is legal is this regard, but it does make sense to me that SOME public property can be short-term leased to a private event and that the private party responsible has full control as if it is their property for the time leased.
 

b0neZ

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Joined
Feb 15, 2012
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505
Location
Davis County, Utah
I do not know what is legal is this regard, but it does make sense to me that SOME public property can be short-term leased to a private event and that the private party responsible has full control as if it is their property for the time leased.

This.

Wasn't there an issue similar to this in LV last year with some kind of food truck festival that was held on private property (parking lot) that extended onto public property? Don't remember the outcome on that one.
 

wrightme

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Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
I agree with Yard Sale, let them try to deny you access to a public park for a constitutionally protected activity, such as bearing arms. This whole notion of a public place that suddenly becoms private just because someone decided to pay a huge fee to rope it off for the day doesn't sit well with me. If I can walk through a public park with my firearm one day, but the next I cant becuase some group decided to setup shop there, now we have a serious problem.

If the public location has been temporarily 'taken' through proper lease arrangement or such, it is not likely to be considered 'public' for the duration of the lease. Basically, it 'becomes' a private location that would be legally treated as if it were a business location.
 

DooFster

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Joined
Nov 6, 2010
Messages
445
Location
Nellis AFB, Nevada
This.

Wasn't there an issue similar to this in LV last year with some kind of food truck festival that was held on private property (parking lot) that extended onto public property? Don't remember the outcome on that one.

They were legit and showed us the NRS stating that since they were privatizing the public area in a temporary way, we weren't allowed to have weapons on us. I was one of the folks kicked off the grounds even after LVMPD was called.
 

GoDavyGo

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Joined
Apr 16, 2013
Messages
32
Location
Sparks
Riddle me this then, my coworker said the reason given for not being allowed to open carry was purely insurance reasons, and yet the place was crawling with RPD(armed) does insurance view weapons in a different light if its an officer involved in an incident?
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Yes, of course. They have qualified immunity and you don't. They can't be sued and you can (in many circumstances.)

That said, there are plenty of insurance policies available that don't care. To blame insurance is a lie. And it's an easy scapegoat to claim even if it isn't the real reason anyway; they just want to stop talking to you and make you go away.
 

DVC

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May 12, 2010
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Location
City? Who wants to live in a CITY?, Nevada, USA
Riddle me this then, my coworker said the reason given for not being allowed to open carry was purely insurance reasons, and yet the place was crawling with RPD(armed) does insurance view weapons in a different light if its an officer involved in an incident?

If the cops are in uniform, the liability is covered by the city, not by the organizers.

If the park (or part of the park) had been rented for an event, the renters have the right of access control, just like if they rented private property.
 

renoglock22

Regular Member
Joined
Apr 14, 2010
Messages
168
Location
Greensboro, NC
If the cops are in uniform, the liability is covered by the city, not by the organizers.

If the park (or part of the park) had been rented for an event, the renters have the right of access control, just like if they rented private property.


To me this all seems like speculation. Can anyone provide an NRS that says once someone buys a permit to host an event on public lands it becomes private for the duration of the permit? I think that unless there is an NRS that specifically says this then it is always public land and the event organizers can do nothing about OC. If anyone can "Rent" public space and make it private then I may go get a permit for Virginia St. downtown and restrict access just because for that time period it is "My" land.
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
I do not know what is legal is this regard, but it does make sense to me that SOME public property can be short-term leased to a private event and that the private party responsible has full control as if it is their property for the time leased.

Does this mean they can mine it and drill for oil since it is theirs for the day? Can we rent out the white house to someone else and kick the current residence out? I always wanted to rent the state of Alaska and kick everyone out for a private hunting trip....were is the line? Oh wait everyone in Washington is for rent or sale why shouldn't America.

Sorry Sarcasim button is stuck again.....
 

rickyray9

Regular Member
Joined
Mar 29, 2009
Messages
109
Location
Northern Nevada
To me this all seems like speculation. Can anyone provide an NRS that says once someone buys a permit to host an event on public lands it becomes private for the duration of the permit? I think that unless there is an NRS that specifically says this then it is always public land and the event organizers can do nothing about OC. If anyone can "Rent" public space and make it private then I may go get a permit for Virginia St. downtown and restrict access just because for that time period it is "My" land.

RMC 5.13 regulates events, privileged activities, and closed conventions.

I worked downtown for a while, and the city does permit downtown out as a privileged event. Vehicle traffic is blocked off, and organizers (the participating casinos) are responsible for security even though RPD is present. No pedestrian traffic is prohibited, but cyclists are told by security to walk through the event. If they refuse, security doesn't detain and RPD doesn't intervene. Trespassing someone from a city street could have some serious legal complications, seeing as how there are other businesses downtown (tattoo shops, pawn shops, souvenir shops, etc) that pedestrians could be owners or patrons of.

Wingfield park, however, could possibly host be a privileged event with closed convention authority capable of trespassing someone for the duration of the event, assuming there is no private property that is only accessible by walking through the event.

I am just guessing though, I ain't no lawyer
 

DVC

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May 12, 2010
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City? Who wants to live in a CITY?, Nevada, USA
To me this all seems like speculation. Can anyone provide an NRS that says once someone buys a permit to host an event on public lands it becomes private for the duration of the permit?

There's a difference between buying a permit and renting space.

A permit lets you do something at a particular place.

Rental gives you AUTHORITY over that place. One of the rights of rental is access control, which is why you're allowed to put a lock on an apartment door, even though ownership is not transferred.
 

renoglock22

Regular Member
Joined
Apr 14, 2010
Messages
168
Location
Greensboro, NC
There's a difference between buying a permit and renting space.

A permit lets you do something at a particular place.

Rental gives you AUTHORITY over that place. One of the rights of rental is access control, which is why you're allowed to put a lock on an apartment door, even though ownership is not transferred.


So if you are just getting a permit to use the space then the organizers cannot restrict access so not letting people OC at the river festival was illegal.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Does this mean they can mine it and drill for oil since it is theirs for the day? Can we rent out the white house to someone else and kick the current residence out? I always wanted to rent the state of Alaska and kick everyone out for a private hunting trip....were is the line? Oh wait everyone in Washington is for rent or sale why shouldn't America.

Sorry Sarcasim button is stuck again.....

Well, if you get those purposes on the lease, yes. I expect the price will be higher.
 
Last edited:

renoglock22

Regular Member
Joined
Apr 14, 2010
Messages
168
Location
Greensboro, NC
Do you know for a fact that they only had a permit, and had not been given access control?


I just searched the NRS and the Reno Municipal Code and found nothing saying that the event organizers with a permit to use public space can control access other than someone causing a disturbance.

NRS 268.4298

RMC CHAPTER 5.13. SPECIAL EVENTS AND SPECIAL ACTIVITIES


According to this it says nothing about ability to restrict access because of a permit therefore it seems that it is still public property and one cannot be denied access solely for OC.
 
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