Open carry City of Las Vegas Parks

DocRed said:

Hey everyone, long time lurker, first time poster. I have tried searching but could not find a definitive answer. A few weeks ago I was walking past a park and a motorcop warned me that firearms were not allowed inside the park. Is this disinformation that is similar to the NRS that only applies to concealed carry in public buildings?
I have heard that open carry is okay in Henderson parks though? Guidance on this would be great and applicable NRS's would be a lot of help.

Thanks,
Doc Red

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The Big Guy said:

Welcome to the forum.

Yes, carry in Henderson parks is ok. Make sure it is a Henderson City park and not a county park within Henderson.

Las Vegas abolished their law and wrote a new one. This is not legal under state preemption. So, you will be arrested and taken to jail. If you get a lawyer and fight it, it will most likely be dropped as they don't want to be ruled against and have their code overturned. If you can get it to trial you will most likely win. If not, you will win on appeal.

That's it in a nutshell.

TBG

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DocRed said:

Interesting, do county parks have a ban? What about NLV and Boulder City?
Is there other avenues of approach to get the code overturned that doesn't result in arrest/legal $$$/confiscation of weapon for who knows how long?
If not, what are the penalties of breaking the code?


Edit: Also, does this apply to CC as well?

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The Big Guy said:

Welcome to the forum.

Yes, carry in Henderson parks is ok. Make sure it is a Henderson City park and not a county park within Henderson.

Las Vegas abolished their law and wrote a new one. This is not legal under state preemption. So, you will be arrested and taken to jail. If you get a lawyer and fight it, it will most likely be dropped as they don't want to be ruled against and have their code overturned. If you can get it to trial you will most likely win. If not, you will win on appeal.

That's it in a nutshell.

TBG

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13.36.020 Prohibitions.
(A)The following are prohibited within any City park, recreational facility or public plaza, including any parking area that serves the park, facility or plaza:
(6) Firearms, archery equipment or other weapons of any kind, except as otherwise provided in Subsection (D);

(D) The prohibition set forth in Paragraph (6) of Subsection (A) shall not apply to:

(1)Activities specifically approved under this Chapter in connection with a particular event;
(2)The possession of firearms that is otherwise permitted by State law; or
(3)The possession of a concealed weapon by a person who holds a valid permit to do so that has been issued under, or is recognized pursuant to, the provisions of NRS 202.3653 to 202.369.

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jpa said:

I went round and round with Stavros Anthony's assistant Anthony Ruggerio about this when they were debating the law. His opinion is that if the city attorney says it's legal, then it's legal. I even emailed him a copy of the state preemption law and told him how displeased I was with the concept of my tax dollars being wasted in unnecessary legal fights. Especially ones the city has no hope of winning. Nice guy but I think his confidence is misguided.

The way the new ordinance is written, it exempts firearms "as permitted by law"

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