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Thread: Nevada, A "May Issue State?"

  1. #1
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    Nevada, A "May Issue State?"

    I came across this NRS, and thought about Steve Larson's issue, Nevada Legislature can proclaim Nevada a Shall issue State all they want, However if the Sheriff's cannot be held accountable for denying permits.... It is the exact same thing as a "may issue State."
    NRS 202.3683  Immunity of state and local governments from civil liability.  The State or any political subdivision of the State, the Department, a sheriff, law enforcement agency, firearm safety or training instructor or any other person who, in good faith and without gross negligence, acts pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, is immune from civil liability for those acts. Such acts include, but are not limited to, the receipt, review or investigation of an application for a permit, the certification of a retired law enforcement officer, or the issuance, denial, suspension, revocation or renewal of a permit.

    (Added to NRS by 1995, 2725; A 2005, 596)
    In Steve's case, Nevada is a De- Facto May issue state much like California. If Nevada is a may issue state for Steve, It Could be a may issue state for You and I. Bringing up the importance of Open Carry, as it diminishes the subjective power of those who wish to control.

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    What's the "Steve Larson issue"?

    NRS 202.366 sets forth some pretty explicit instruction that a sheriff shall issue the permit unless the applicant is a prohibited person. Further, 202.3663 allows for a judicial review to determine if a denial is "...arbitrary, capricious or otherwise characterized by an abuse of discretion...." I suspect the judicial review could bring criminal charges forth if a sheriff was found violating the laws that govern their job.

    I don't see how a "de-facto may issue" scheme could occur, nor have I seen anything to believe it is occurring.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by DON`T TREAD ON ME View Post
    I came across this NRS, and thought about Steve Larson's issue, Nevada Legislature can proclaim Nevada a Shall issue State all they want, However if the Sheriff's cannot be held accountable for denying permits.... It is the exact same thing as a "may issue State."


    In Steve's case, Nevada is a De- Facto May issue state much like California. If Nevada is a may issue state for Steve, It Could be a may issue state for You and I. Bringing up the importance of Open Carry, as it diminishes the subjective power of those who wish to control.
    Thinking out loud, it would seem to me that even if the Sheriff can't be held accountable, a judge could order him to follow the legislative intent. Of course that is time and money. In this country you can get all the justice you can buy.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

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    Campaign Veteran MAC702's Avatar
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    I've never liked the "shall-issue" or "constitutional carry" monikers. I've found they are usually inaccurate.

    For example, "shall-issue" would apply to all lawful adults, but it doesn't. You have to be 21, among other things. There are other things the law requires for "shall-issue" that would have people otherwise legally allowed to possess not qualified for a CCW permit. And in NV, those requirements also require you to be a resident of the US. Steve Larson is a frequent visitor from Canada. So while he is 100% legal to bring his firearm and carry it while here, he is not guaranteed "shall-issue" for a CCW. Notice that he is not disqualified from one. It would require one of the 17 sheriffs willing to give him one, though. Steve has done more OC in Strip resorts than most people I know, as a necessity to having a room there. And yes, he gets his occasional issues for it.
    "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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    Quote Originally Posted by MAC702 View Post
    Steve has done more OC in Strip resorts than most people I know, as a necessity to having a room there. And yes, he gets his occasional issues for it.
    Yep... Yep I do... on both points

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    Quote Originally Posted by jfrey123 View Post
    What's the "Steve Larson issue"?

    NRS 202.366 sets forth some pretty explicit instruction that a sheriff shall issue the permit unless the applicant is a prohibited person. Further, 202.3663 allows for a judicial review to determine if a denial is "...arbitrary, capricious or otherwise characterized by an abuse of discretion...." I suspect the judicial review could bring criminal charges forth if a sheriff was found violating the laws that govern their job.

    I don't see how a "de-facto may issue" scheme could occur, nor have I seen anything to believe it is occurring.
    Yep. In addition, the 'in good faith' portion of the immunity statute should apply.

    As example, if someone requesting a permit shows up in the bg check as having a felony conviction, a sheriff can deny the permit 'in good faith,' even if the record is an error.
    Last edited by wrightme; 05-03-2014 at 10:20 AM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    This is going to get interesting in a few months when my CCW is up for renewal. I have been arrested for DUI and possession of a firearm while intoxicated, and convicted of misdemeanor obstructing a public officer, which is not a prohibiting element of shall issue. However, among the many threats made to me from that incident, the arresting officer told me he would have my CCW revoked.

    When is the Washoe sheriff election and when does the new sheriff take office?
    Last edited by Yard Sale; 05-05-2014 at 04:22 PM.

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    Me thinks if they were gonna yank your permit, they would've done it by now with everything you went through. But as you said, renewal will be interesting...

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    Quote Originally Posted by Yard Sale View Post
    This is going to get interesting in a few months when my CCW is up for renewal. I have been arrested for DUI and possession of a firearm while intoxicated, and convicted of misdemeanor obstructing a public officer, which is not a prohibiting element of shall issue. However, among the many threats made to me from that incident, the arresting officer told me he would have my CCW revoked.

    When is the Washoe sheriff election and when does the new sheriff take office?
    Yard Sale correct me if I am wrong however, thought you are a non drinker and the charges ended up bogus? Or am I thinking of another poster?

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    Yes as far as I can tell, they tried to remove all traces of the DUI and firearm arrest when I blew a zero in the PBT to make bail (required to bail out for DUI). So I don't think I have any official arrest record other than obstructing. But there's the conviction and reports and testimony they could use to deny my renewal, or issue it and reject it. Plus I subpoenaed a deputy and two lab techs and one of the sheriff's lackeys obstructed service of my subpoena of the lab techs. My renewal could be interesting.

  11. #11
    Campaign Veteran MAC702's Avatar
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    Sure wish I knew how to help. But I don't think they care about our opinions as instructors.
    "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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    I don't see that law doing much of anything ... they still cannot detain you without PC/warrant....

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