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Thread: Interesting read RE: Open Carry in Public Buldings

  1. #1
    Regular Member Nevada carrier's Avatar
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    Interesting read RE: Open Carry in Public Buldings

    The following was submitted to the Senate Judiciary Committeee ahead of today's hearing on AB352.

    From: Wilkinson, Brad
    bwilkinson@lcb.state.nv.us
    Subject: Open Carry of Firearms in Public Buildings
    Date: February 26, 2015 at 2:58 PM
    To: Fiore, Michele Assemblywoman
    Michele.Fiore@asm.state.nv.us
    Cc: Erdoes, Brenda
    erdoes@lcb.state.nv.us

    You have asked whether the open carry of firearms is prohibited in a public building. To answer your
    question, we must first discuss the issue of the legality of open carry of firearms in this State.
    Section 11 of Article 1 of the Nevada Constitution provides that “[e]very citizen has the right to keep
    and bear arms for security and defense, for lawful hunting and recreational use and for other lawful
    purposes.” However, the constitutional right to keep and bear arms is not an absolute right, and the
    Nevada Legislature has enacted certain restrictions on the right to keep and bear arms. For example, the
    Legislature has enacted NRS 202.350, which generally prohibits the carrying of concealed weapons,
    including firearms. The Legislature has also enacted NRS 202.360, which prohibits certain persons from
    owning or possessing firearms, including, for example, convicted felons who have not received a pardon
    restoring their right to bear arms, fugitives from justice and persons who are mentally ill. The
    Legislature has not, however, enacted any statute that prohibits the open carry of firearms by persons
    who are otherwise authorized to possess firearms. For that reason, open carry of firearms by a
    person who is not prohibited from possessing firearms is legal in Nevada, subject only to any specific
    prohibitions against carrying a firearm in certain locations.

    With respect to such specific prohibitions that would apply to the open carry of firearms, NRS 202.265
    generally prohibits the carrying or possession of firearms 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. Likewise, NRS 218A.905 specifically prohibits a person from
    possessing a firearm in the Legislative Building “without legal authority.” Possession of a permit to
    carry a concealed firearm is one type of legal authority that allows a person to carry a concealed firearm
    in the Legislative Building.

    This office is aware that some persons have argued that NRS 202.3673 prohibits the open carry of
    firearms in a public building. However, that argument is not legally sound because NRS 202.3673, by its
    plain language, regulates only the carrying of a concealed firearm by a person who has a permit to carry
    a concealed firearm. NRS 202.3673 simply does not apply to the open carry of firearms in a public
    building.

    Because there is no general statutory prohibition against the open carry of firearms in a public building,
    it is the opinion of this office that the open carry of firearms is not prohibited in a public building, unless
    otherwise prohibited by a specific statute such as NRS 202.265 or 218A.905. We would note, however,
    that not all portions of a public building are necessarily open to access by the public, and persons who
    are openly carrying firearms are not, therefore, authorized to carry firearms in all portions of a public
    building.

    If you have any further questions regarding this matter, please do not hesitate to contact this office.
    Brad
    *************************************
    Bradley A. Wilkinson
    Chief Deputy Legislative Counsel
    Legislative Counsel Bureau
    Legislative Counsel Bureau
    Legal Division
    401 S. Carson St.
    Carson City, NV 89701
    Phone: (775) 684-6836
    Fax: (775) 684-6761
    **************************************
    Attached Files Attached Files
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

  2. #2
    Regular Member The Big Guy's Avatar
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    Perhaps a copy of this should be forwarded to all the Police Chiefs and Sheriffs in NV even though most of them don't believe that laws apply to them.

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

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    I will be sending this to the library as well. Maybe i can finally go back and use it again.

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    Good job.

  5. #5
    Campaign Veteran deepdiver's Avatar
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    +1
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Awesome!

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    Campaign Veteran skidmark's Avatar
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    Kudos to yopur AG for being able to read plain law and apply it without sermonizing.

    @28kfps -- a while ago there was a somewhat similar dustup in the Richmond City Public Library. VCDL organized an evening in the Library. Some of the folks brought their kids and, of course, were in the kiddie section where they read stories. Some kids not belonging to any of our group came over and sat listening to the stories -- none burst into flames or were struck by lightening.

    An AAR of your trip to the library wouuld be appreciated.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  8. #8
    Regular Member Nevada carrier's Avatar
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    Quote Originally Posted by skidmark View Post
    Kudos to yopur AG for being able to read plain law and apply it without sermonizing.

    @28kfps -- a while ago there was a somewhat similar dustup in the Richmond City Public Library. VCDL organized an evening in the Library. Some of the folks brought their kids and, of course, were in the kiddie section where they read stories. Some kids not belonging to any of our group came over and sat listening to the stories -- none burst into flames or were struck by lightening.

    An AAR of your trip to the library wouuld be appreciated.

    stay safe.
    This came from the Legislative Council Burrow, not the AG. Unfortunately, this is not a permission slip either. If an arresting officer and prosecutor disagree they can still prosecute. You have to hope that a judge does agree with the letter and dismisses the charges, but if he doesn't dismiss, you're likely to put your fate in the hands of twelve people who probably don't know much about guns or gun laws, and who probably also harbor a variety of misconceptions about what is and is not legal in this state. For instance, If you asked 100 people on the street if it was legal to carry a firearm in a bank, I would be willing to bet that 80 of them would say no without even thinking about it. Given the large number of people who are transplanted here from states like Callifornia, they also don't realize that what isn't legal in California is likely to be perfectly legal here. How many times have you heard some pin head utter the phrase, "there's gotta be a law against that," or "There should be a law." These are the people that hold your fate in their hands when you go to a jury on a gun charge.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

  9. #9
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    Quote Originally Posted by Nevada carrier View Post
    ...
    Given the large number of people who are transplanted here from states like Callifornia, they also don't realize that what isn't legal in California is likely to be perfectly legal here. ...
    While attempting to avoid getting sideways of the forum rules against bashing any group, I will offer as my observation that a lot of really bad social ideas seem to originate in California and then spread like a cancer to other parts of the nation.

    In some cases, this cancer is carried by California refugees.

    In other cases it is more insidious. The large population of California means State laws there can easily become de facto national standards. Notice how many small engines are now "CARB" compliant. California standards for textbooks can easily determine the content of textbooks used nationwide.

    I'm thinking there is something unhealthy about living in high density urban areas.

    Charles
    All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. Thank heaven we do not permit a few to impose anarchy.

    "With Anarchy as an aim and as a means, Communism becomes possible."
    --Marxist.org

    "Communism and Anarchy [are], a necessary complement to one another. "
    --PETER KROPOTKIN, "Anarchism: its philosophy and ideal." 1898.

  10. #10
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    [QUOTE=utbagpiper;2142350]While attempting to avoid getting sideways of the forum rules against bashing any group, I will offer as my observation that a lot of really bad social ideas seem to originate in California and then spread like a cancer to other parts of the nation.

    In some cases, this cancer is carried by California refugees.

    In other cases it is more insidious. The large population of California means State laws there can easily become de facto national standards. Notice how many small engines are now "CARB" compliant. California standards for textbooks can easily determine the content of textbooks used nationwide.

    I'm thinking there is something unhealthy about living in high density urban areas.

    Charles[/QUOTE

    Agree, except about textbooks. Because Texas is so huge with so many districts they are "normally" the arbitrator about what is in textbooks although you wouldn't know it from some of the books out there.

    Unfortunately, with CA being so huge population wise many (actually ALL) of their ideas drift onto national "standards" due to the difficulty of making "the rest of us " stuff and CA stuff. Think "range free" eggs they just passed making the price of eggs nationally go up 10-30 cents per dozen in the last (3) months. Nothing good (normally) comes out of CA.

    Have to educate them one moron at a time.

    NAVYBLUE

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