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Thread: New to open carry question

  1. #1
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    New to open carry question

    Hello
    I have a CA ccw and will be traveling in and through NV. Is there a requirement on a holster ? I was going to use my IWB holster. I also carry a SA .45 cocked and locked. Would this be a issue ? Did not read any thing about chambered round. Thanks Karl

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    IANAL and the statement below is not legal advise.

    http://www.leg.state.nv.us/nrs/nrs-2...#NRS202Sec3653

    NRS 202.3653  Definitions.  As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:
    1.  “Concealed firearm” means a loaded or unloaded handgun which is carried upon a person in such a manner as not to be discernible by ordinary observation.

    That is all there is. "[D]iscernible by ordinary observation," means just that. No matter how you carry it, loaded, unloaded, cocked, upside down; no matter how, if it is a handgun and it is concealed you are a felon. If it is "discernible by ordinary observation," to be a handgun you are not committing an offense.

    Ken

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    Campaign Veteran MAC702's Avatar
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    We do not regulate open carry here. No license or other limiting issues to worry about.

    If it can be ordinarily discerned to be a handgun, it is not concealed. IWB holsters aren't common, but there are out there in our OC community. One of the best parts about OC, in my opinion, is not having to shove it down your pants.
    Last edited by MAC702; 07-04-2016 at 02:41 PM.
    "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 CowboyKen View Post
    IANAL and the statement below is not legal advise.

    http://www.leg.state.nv.us/nrs/nrs-2...#NRS202Sec3653

    NRS 202.3653  Definitions.  As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:
    1.  “Concealed firearm” means a loaded or unloaded handgun which is carried upon a person in such a manner as not to be discernible by ordinary observation.

    That is all there is. "[D]iscernible by ordinary observation," means just that. No matter how you carry it, loaded, unloaded, cocked, upside down; no matter how, if it is a handgun and it is concealed you are a felon. If it is "discernible by ordinary observation," to be a handgun you are not committing an offense.

    Ken
    I've heard DAs/SAs argue that a gun in a fanny pack is not concealed .... so food for thought.

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    Quote Originally Posted by davidmcbeth View Post
    I've heard DAs/SAs argue that a gun in a fanny pack is not concealed .... so food for thought.
    You may want to read this: http://www.handgunlaw.us/documents/a...sConcealed.pdf

    Basically it says that if your handgun is in a container of any kind that cannot be seen through (i.e.; not discernible by ordinary observation to be a handgun), and you are carrying it, that is concealed carry.

    Ken

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    Quote Originally Posted by CowboyKen View Post
    You may want to read this: http://www.handgunlaw.us/documents/a...sConcealed.pdf

    Basically it says that if your handgun is in a container of any kind that cannot be seen through (i.e.; not discernible by ordinary observation to be a handgun), and you are carrying it, that is concealed carry.

    Ken
    oh, i basically would believe anything w/o verification from handgunlaw website...uh, huh, and i am very sure the nice LEs would listen to your argument that they are wrong in their pursuit of you cuz handgunlaw site says so...

    enjoy the right ken...

    ipse
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    Quote Originally Posted by davidmcbeth View Post
    I've heard DAs/SAs argue that a gun in a fanny pack is not concealed ....
    Not in Nevada, you haven't. Surely you know it's STATE laws that deprive most people of liberty.
    "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 solus View Post
    oh, i basically would believe anything w/o verification from handgunlaw website...uh, huh, and i am very sure the nice LEs would listen to your argument that they are wrong in their pursuit of you cuz handgunlaw site says so...

    enjoy the right ken...

    ipse
    Perhaps you didn't bother to click on the linc that I provided?

    That linc is to an opinion of the then Attorney General of the State of Nevada: "OPINION NO. 93-14 CRIMINAL LAW; FIREARMS; WEAPONS:."

    Ken

    p.s.; Gary Slider does an outstanding job of keeping handgunlaw.us up to date and accurate.

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    Quote Originally Posted by CowboyKen View Post
    ... Gary Slider does an outstanding job of keeping handgunlaw.us up to date and accurate.
    Not only that, but he keeps his links up to date for instant verification with the state law in question. It's an extremely reputable, understandable, and reliable secondary source. He's also a member here.
    "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
    He's also a member here.
    The demise of PDO was the inspiration for OCDO.
    I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by Nightmare View Post
    The demise of PDO was the inspiration for OCDO.
    Before my time here, so i'm probably among the many who have no idea what PDO is, except to guess the DO part.
    Last edited by MAC702; 07-04-2016 at 04:21 PM.
    "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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    Regular Member hammer6's Avatar
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    Quote Originally Posted by MAC702 View Post
    Before my time here, so i'm probably among the many who have no idea what PDO is, except to guess the DO part.
    for real
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    doubt is a distraction from reality. fear is acknowledging doubt as reality.

    it's time to tap in to a higher reality; the one you were made for.

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    Quote Originally Posted by MAC702 View Post
    Before my time here, so i'm probably among the many who have no idea what PDO is, except to guess the DO part.
    http://www.aboutus.com/Packing.org
    I am responsible for my writing, not your understanding of it.

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    Regular Member solus's Avatar
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    Quote Originally Posted by CowboyKen View Post
    Perhaps you didn't bother to click on the linc that I provided?

    That linc is to an opinion of the then Attorney General of the State of Nevada: "OPINION NO. 93-14 CRIMINAL LAW; FIREARMS; WEAPONS:."

    Ken

    p.s.; Gary Slider does an outstanding job of keeping handgunlaw.us up to date and accurate.
    But officer, gary does a fine job...advice still stands, tho
    sell tickets for the roadside sideshow as you spout legalise to the nice LEs about info from a handgun web site...
    Ipse
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

    Get your facts first, and then you can distort them as much as you please. Mark Twain

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by solus View Post
    But officer, gary does a fine job...advice still stands, tho
    sell tickets for the roadside sideshow as you spout legalise to the nice LEs about info from a handgun web site...
    Ipse
    Relax. As I explained, it's a secondary source that makes it easy for one to find the appropriate primary sources, such as the directly cited AG's opinion, which is hosted on that site. No one has suggested to use it otherwise.

    The fact remains that two Nevada experts have correctly answered the question, and provided secondary and primary sources for verification.
    Last edited by MAC702; 07-04-2016 at 05:19 PM.
    "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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    Thanks

    People I will go shopping for a nice holster. Being on other forums there was always that thread about cocked and locked. I have always been a firm believer in it cause my life or my family safety is worth every second. Yes I read that opinion by the AG carrying it in anything it is considered concealed. Thanks you all Karl

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    Nevada does not honor CA concealed carry permit, so you will have to open carry, must be visible. No requirements on holsters other than your firearm has to be somehow visible (see the definition already provided. Otherwise, just use common security sense.

    Unlike CA, you can open carry in your vehicle. Seat belt, center console, doesn't count for concealing. You may store the firearm any where in the vehicle open or out of sight, as long as it's not hidden on your person. You also have no duty to report the firearm.

    You may carry with a round chambered or not, in a handgun, your personal choice in or out of your vehicle. Long guns, in a vehicle, are another story.

    You will not able to carry in a Federal Gun Free School Zone (not that it's really enforced, let's not anger the gods with this discussion) The law states to transit a Federal Gun Free School Zone, without a permit for that state, you need to unload and secure in a locked box.

    Hope that sums it up
    Hoka hey

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    Quote Originally Posted by kardar2 View Post
    People I will go shopping for a nice holster. Being on other forums there was always that thread about cocked and locked. I have always been a firm believer in it cause my life or my family safety is worth every second. Yes I read that opinion by the AG carrying it in anything it is considered concealed. Thanks you all Karl
    My opinion on cocked and locked or carrying hot and ready. O wait no one ask for my opinion. I wont let that stop me. My opinion is your advisory's gun will be ready to fire.
    Last edited by 28kfps; 07-08-2016 at 01:33 AM.

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