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Thread: new to the idea of open carry

  1. #1
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    I also have a topic in the Nevada state area, but I hope more people will see this one.

    I have a question understanding the laws, and wonder if I understand them right.
    I know a person can carry a firearm in the open, without a CWP as long as they meet state/city rules. However the laws in my area do not really say more then that. What exactly does a "firearm" stand for in terms of OC'ing? I know that handguns are "firearms" yet so are shotguns, and high power rifles...right? So...just going by "firearms" the law says that a person can walk down the street with a AK,AR, or even .50bmg (totaly useless for self defence, but fun to shoot)? I know the words "common sense" come in to play, but in theory it can be done when the word "firearm" is used. can someone help me understand this better?

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    Is there a "definitions" section at the beginning of that particular code section? I would check there and see what the definition of a "firearm" is for the purposes of that particular code section.

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    There's a news article on here somewhere of a man who OC'ed an assault rifle taking a walk. perfectly legal where he was, but people panicked and called the cops, so he went to jail.

    I wouldn't do it, but I would imagine there's nothing illegal about it unless there's a definition of "firearms" that you missed.

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    Seriously, call the sherrifs office. They will tell you the law without giving 'opinions.'

    I don't see anything in here about rifles or shotguns though. http://www.leg.state.nv.us/nrs/NRS-2...l#NRS202Sec253





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    Bravo_Sierra wrote:
    Seriously, call the sherrifs office. They will tell you the law without giving 'opinions.'

    Are you serious? There are numerous instances relayed on this site about police officers giving their opinion when asked about gun laws.

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    Tomahawk wrote:
    Bravo_Sierra wrote:
    Seriously, call the sherrifs office. They will tell you the law without giving 'opinions.'
    Are you serious? There are numerous instances relayed on this site about police officers giving their opinion when asked about gun laws.
    And factually incorrect interpretations of the laws.

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    I tried to call the local cops about this today and got nothing worth saying, other then their phones are down in the firearms area of the building. However I would really like to know all the rules/laws dealing with my state. I know you can OC hand guns, but they use the word "firearm" as I said. Not that I would ever take a long rifle for a simple walk down the street, but I want to have the full set of rules.

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    I would not trust a LEO's interpretation of OC laws simply based on the information I have seen here on this forum, with a few exceptions of the LEO that post here.

    Your best bet is to either:

    a) Consult a firearm friendly attorney
    b) Learn and read the code for your state
    c) Research court opinions on various firearm related cases

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    Not in Vegas. I have called the Sherrif's office a few times. They tell you the law, not why you shouldn't do X.


    Tomahawk wrote:
    Bravo_Sierra wrote:
    Seriously, call the sherrifs office. They will tell you the law without giving 'opinions.'

    Are you serious? There are numerous instances relayed on this site about police officers giving their opinion when asked about gun laws.

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    Once you get outside of the norm when it comes to firearms its best to dig long and hard on your own. These forums are great for your everyday questions where 6/10 people have done all the foot work before even finding this site, but it just takes time and research to find the odd details. None of us (or at least the vast majority) are lawyers and even fewer are firearm related lawyers. If the laws were cut and dry then we wouldn't need the system we have inplace today. It is probably legal to strap an AK to your back and walk down the road, but you willmost likely end up in jail and paying lawyers and see a lot of court time to prove this. Now with the proper resources I am sure you would win, but most of us can't afford to be the test case.

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    .
    If you think like a Statist, act like one, or back some, you've given up on freedom and have gone over to the dark side.
    The easiest ex. but probably the most difficult to grasp for gun owners is that fool permission slip so many of you have, especially if you show it off with pride. You should recognize it as an embarrassment, an infringement, a travesty and an affront to a free person.


    ~Alan Korwin

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    wow..a belt fed MG..that guy has more stones then I do by far. :shock:

    However I know that i have to do my own foot work, and i am honestly trying to. However i don't have much time due to college and all. Though i do agree I may beable to do it with in the law, however there is a chance I would go to jail. I think when I call and ask about the laws I am going to see if i can get an official statement on things. That way I have the laws in a book to show anyone if need be.
    However I really don't see the point in having a long rifle with you ll over the place.


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    I got around to talking to a LEO about this question today, and got what I expected.
    They only see a "firearm" as a Handgun; so OC'ing a rifle is a crime.

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    You have better odds of getting good legal advice from a fourtune cookie than most LEOs

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    lordnitrox wrote:
    I got around to talking to a LEO about this question today, and got what I expected.
    They only see a "firearm" as a Handgun; so OC'ing a rifle is a crime.
    Wait, that LEO only sees a handgun as a firearm, or that's what the law says?

    The two are not always the same.
    Why open carry? Because 1911 > 911.

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    thats what the LEO at the firearms area of LVPD says. Now that you say it, if they only see a hndgun as a "firearm" then what does a rifle go for? I'll call then and ask about it, I need to talk with then anyways.

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    I love asking questions sometimes.
    Why open carry? Because 1911 > 911.

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    lordnitrox wrote:
    I got around to talking to a LEO about this question today, and got what I expected.
    They only see a "firearm" as a Handgun; so OC'ing a rifle is a crime.
    If a long gun isn't a firearm, what "crime" are you guilty of?



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    Leader wrote:
    lordnitrox wrote:
    I got around to talking to a LEO about this question today, and got what I expected.
    They only see a "firearm" as a Handgun; so OC'ing a rifle is a crime.
    If a long gun isn't a firearm, what "crime" are you guilty of?

    They would say disturbing the peace, but there is no actual law as far as i can see prohibiting the carrying of long guns.

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    WhiteRabbit22 wrote:
    They would say disturbing the peace, but there is no actual law as far as i can see prohibiting the carrying of long guns.


    I keep hearing about police departments doing this but I have NEVER been able to find ANYTHING to back it up.

    Please show me just ONE example where it ACTUALLY happened.

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    Leader wrote:
    WhiteRabbit22 wrote:
    They would say disturbing the peace, but there is no actual law as far as i can see prohibiting the carrying of long guns.


    I keep hearing about police departments doing this but I have NEVER been able to find ANYTHING to back it up.

    Please show me just ONE example where it ACTUALLY happened.
    And more specifically, where it stuck in court.
    Why open carry? Because 1911 > 911.

  22. #22
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    I can't find the link right now, but there was a story on these forums about someone who OCed a rifle, and was arrested for disturbing the peace, the charges didn't hold in court though.

    None of them have stuck in court, which is why you don't find any stories about it. But that doesn't mean that the uneducated police won't arrest you for it, then let you deal with court fees and a lawyer.

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    http://opencarry.mywowbb.com/forum59/3611.html

    And the case hasn't been resolved yet. In fact, I haven't been able to find any followups whatsoever.

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    WhiteRabbit22 wrote:
    None of them have stuck in court, which is why you don't find any stories about it. But that doesn't mean that the uneducated police won't arrest you for it, then let you deal with court fees and a lawyer.
    False arrest is a crime too. Civil suits should be filed to remedy such arrests. Perhaps if more did, more departments would know the laws...

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