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Thread: Is this legal open carry

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    Is this legal open carry

    New to nevada. Can I open carry with a inside the waist band holster with just the butt of my weapon in veiw?

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Crs View Post
    New to nevada. Can I open carry with a inside the waist band holster with just the butt of my weapon in veiw?
    Yes.

    These are questions better asked in the individual state forums, but you got lucky. Welcome to Nevada, and to OCDO!

    Now, personally, I avoid it, because you get all the discomfort of concealed carry while trying to enjoy only the legal freedom of open carry. There may also be perception issues which can come into play on private property. Someone might take issue with what they feel is an exposed concealed firearm, whereas have no issue with an obvious gun in an exposed holster. On their property, their feelings count.
    Last edited by MAC702; 11-12-2015 at 11:57 AM.
    "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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    Moderator / Administrator Grapeshot's Avatar
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    Moved it to the Nevada sub-forum.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Moved it to the Nevada sub-forum.
    Where is this sub-forum?

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    Quote Originally Posted by 28kfps View Post
    Where is this sub-forum?
    Its this part of the forum. It must have been posted in another section of OC.org. So they moved it here to NV.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Vegassteve View Post
    Its this part of the forum. It must have been posted in another section of OC.org. So they moved it here to NV.
    It was - the question and answers are state specific.


    Is anyone going to answer the OP's query?
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Grapeshot View Post
    ...Is anyone going to answer the OP's query?
    Didn't I?
    "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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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Crs View Post
    New to nevada. Can I open carry with a inside the waist band holster with just the butt of my weapon in veiw?
    Originally Posted by Grapeshot
    ...Is anyone going to answer the OP's query?
    Quote Originally Posted by MAC702 View Post
    Didn't I?
    Almost.

    Not withstanding the difference in can I (ability) and may I (legally), IMO a more specific response would be of benefit = statute or case law.

    You gave a personal opinion w/o those references.

    The carry of a holstered handgun in a manner to allow the viewer the opportunity to recognize the existence of a handgun passes the test.

    Nevada's preemption statute, which also struck down the previously grandfathered Clark County ordinance, delineates that neither the state nor local municipalities can infringe on this right. Note that there are some simple limitations/restrictions - become familiar with the specifics.
    http://nevadacarry.blogspot.com/2015...ocal-laws.html

    Basic is that one must be at least 18 yo to carry and if asked to leave, you risk a trespass charge for not doing so immediately. Resolve the problem after the fact from the comfort of your home/office.

    My short simple, direct answer would be, " Yes you can." but IMO it demanded more.





    Last edited by Grapeshot; 11-13-2015 at 07:41 AM. Reason: forgot link - added it
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member qednick's Avatar
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    Quote Originally Posted by MAC702 View Post
    Yes.
    ...
    Now, personally, I avoid it, because you get all the discomfort of concealed carry while trying to enjoy only the legal freedom of open carry. ...
    I definitely concur with that point!

    Don't be shy, wear it proud and let everyone know it's totally legal to OC in Nevada!!

  10. #10
    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Almost.

    Not withstanding the difference in can I (ability) and may I (legally), IMO a more specific response would be of benefit = statute or case law.

    You gave a personal opinion w/o those references.

    The carry of a holstered handgun in a manner to allow the viewer the opportunity to recognize the existence of a handgun passes the test.

    Nevada's preemption statute, which also struck down the previously grandfathered Clark County ordinance, delineates that neither the state nor local municipalities can infringe on this right. Note that there are some simple limitations/restrictions - become familiar with the specifics.
    http://nevadacarry.blogspot.com/2015...ocal-laws.html

    Basic is that one must be at least 18 yo to carry and if asked to leave, you risk a trespass charge for not doing so immediately. Resolve the problem after the fact from the comfort of your home/office.

    My short simple, direct answer would be, " Yes you can." but IMO it demanded more.





    I'm guessing that most people on here would take "YES" as a very direct answer. Secondly in my opinion most folks on this forum would take Mac's simple answer to a simple question at face value. I certainly do.

    As far as the wording of state statute stating 'by ordinary observation' it could still be left to interpretation.

    Sometimes experience trumps wording.

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

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    Once again amazed at how a mod steps in on something so simple as this, but lets other things slide.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by The Big Guy View Post
    I'm guessing that most people on here would take "YES" as a very direct answer. Secondly in my opinion most folks on this forum would take Mac's simple answer to a simple question at face value. I certainly do.

    As far as the wording of state statute stating 'by ordinary observation' it could still be left to interpretation.

    Sometimes experience trumps wording.

    TBG
    There was no intent on my part to put Mac down. If it seemed so, I apologize.

    I doubt that the OP is as experienced and knowledgeable as "most folks on this forum." A clue can be derived from the simple act of his posing the question. His post count renders him a blank slate to us.

    I have found no court tests of the phrase "by ordinary observation;" hence, conclude that there are few (none?) and that the dictionary definition of the words would prevail.

    If the OP is eligible for it, a permit to conceal would solve the problem either way.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Vegassteve View Post
    Once again amazed at how a mod steps in on something so simple as this --snipped--
    Come, come now. Please do not read more into my posting than is evident. It should be obvious that I was not moderating.
    Last edited by Grapeshot; 11-13-2015 at 02:22 PM.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by MAC702 View Post
    Yes.

    These are questions better asked in the individual state forums, but you got lucky. Welcome to Nevada, and to OCDO!

    Now, personally, I avoid it, because you get all the discomfort of concealed carry while trying to enjoy only the legal freedom of open carry. There may also be perception issues which can come into play on private property. Someone might take issue with what they feel is an exposed concealed firearm, whereas have no issue with an obvious gun in an exposed holster. On their property, their feelings count.
    I have never felt "comfortable" with a cc holster. They are made to hide inside. I am too skinny to add that much bulk in my waist
    band. Just more comfortable and a much better variety to the OC holster.

    The OP may not have scrolled down far enough to find "stories from the States" on the forum. Just one post, he may be lost out in the electrons.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  15. #15
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by Grapeshot View Post
    ...If the OP is eligible for it, a permit to conceal would solve the problem either way.
    There is no legal problem, so it doesn't solve that. And it does nothing for the potential hassle problem.

    To reiterate, it's legal. It is still clearly a firearm by "ordinary observation," which is the criteria used in the state of Nevada.
    "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 Vegassteve View Post
    Its this part of the forum. It must have been posted in another section of OC.org. So they moved it here to NV.
    OOOOO Thanks.

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    I too thought Yes was a good answer. One thing appears to be the norm regulators like to regulate. I fell better now that I got involved in the drama form a single posting from a one time poster.

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