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Thread: Help for visitor to NV

  1. #1
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    Can anyone help me figure out how I'm allowed to carry when I come to NV? I will bedriving from CO toLas Vegas and also going to nearby Red Rock Canyon. I've been reading through the posts, and I've figured out that my CO CCW isn't valid in NV. What I can't figure out is, can I have the loaded pistol concealed in my car as long as it's not on my person?From one of the posts, it sounds like there's no point in trying to carry on The Strip since I'll be in and out of the casinos. Is that right? Lastly, I'm wondering what the rules would be in Red Rock Canyon for carrying in the car and on my person. From what I've read, it seems to be BLM land. I know it's a lot of questions, but I don't want to take any chances while I'm there. Thanks in advance for any help!

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    Drew, welcome! Loaded OC on person in car or loaded concealed is just fine anywhere in the state. My VA CHP isn't valid here and that's how I do it every day in Reno. Perhaps one of our Vegas brethren can speak for the local laws and status of preemption there.

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    Thanks for the quick response, Bob! I did edit my question a little bit after you responded. When you say "loaded concealed is just fine anywhere in the state", you're referring to just concealed somewhere in the car and not on one's person, right?

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    That's correct. A weapon is ONLY concealed if it is carried upon your person. There is some question as to whether this includes the case many people use to transport their firearm to the gun range (is it concealed while entering the store??)

    But in your glovebox, center console, under your seat, in your cup holder. All OK

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    Red Rock Canyon is a national conservation area, so it's not de iure a no-gun-zone the way national parks are. It seems that NCAs have a degree of autonomy under the Bureau of Land Management when it comes to firearm regulations, as sometimes areas are posted, but in others recreational shooting is common.

    I went to Red Rock Canyon last May with my fiancée and saw two signs: one on the side of the road near the entrance said "all firearms in automobiles must be unloaded at all times"; the other said "you can not possess rifles, shotguns, or other hunting instruments while on any nature trails" inside the visitor center. Both of them speak like hunting restrictions to me, but I played it safe at the time, dropped my mag out of my 1911, and kept it in the glovebox while we were walking around. I never saw a ranger to ask them what their defensive handgun policy might be, so if you find one, let me know for the next time I go out there!

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    I'm no attorney, but:
    NAC 407.105 Possession or use of weapons. (NRS 407.0475, 407.065)
    1. In any park, a person shall not:

    (a) Use a bow and arrow, slingshot or paint ball launcher;

    (b) Possess a firearm, unless:

    (1) The firearm is unloaded and inside a vehicle; or

    (2) The person in possession of the firearm has a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, and is carrying the firearm in conformity with the terms of the permit;

    (c) Discharge a weapon, including, without limitation, an air rifle, spring gun or air pistol; or

    (d) Throw a knife, hatchet, spear, stone or projectile,

    Ê except as authorized by the Administrator.

    2. The Administrator may designate zones in which a person may, for the purposes of hunting a species that is designated by the Board of Wildlife Commissioners as a game mammal or game bird pursuant to chapter 503 of NAC, carry and discharge a firearm or bow in accordance with the regulations of the Department of Wildlife. At each park in which a zone is designated pursuant to this subsection, the ranger in charge of the region or the supervisor of the park shall post at the headquarters of the park, and at each area within the park which is designated as a zone in which a person may carry and discharge a firearm or bow for the purposes of hunting, maps of the designated zones within that park.

    3. Target shooting is prohibited in all areas of a park, except in an area designated as a firing range.

    4. Use of a bow to kill, capture or injure a fish is prohibited within 100 feet of a swimmer.

    (Added to NAC by Div. of St. Parks, 12-31-85, eff. 1-1-86; A 3-9-88; 7-25-90; 11-12-93; 3-20-96, eff. 4-1-96; R164-97, 3-1-98; R145-99, 1-18-2000; R118-01, 12-17-2001; R149-05, 5-4-2006)

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    varminter22,

    I believe that the provisions that you cited apply to State parks. I do not believe that Red Rock is a State park. I could be wrong and IANAL.

    Ken


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    I too was wondering about that. Would be nice to get legal clarification.

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    Really appreciate all the help! And if I'm pulled over, apprently I need to disclose to the officer that I havea weapon in the vehicle?

    Sounds like I'd better leave it unloaded and in the trunk at Red Rock, unless I can get clarification from park personnel. If I do, I'll definitely post the info here.

    So, that only leaves my question about Las Vegas itself. I read somewhere that none of the casinos allow weapons. Since I'll be in and out of the casinos, I guess that means OC isn't an option. Not sure I want to leave it in the vehicle for the valet guy to find, so I guess that means I'll have to leave it back in the room, which fortunately isn't at a casino...


    P.S. What does IANAL stand for?

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    drew1 wrote:
    So, that only leaves my question about Las Vegas itself. I read somewhere that none of the casinos allow weapons. Since I'll be in and out of the casinos, I guess that means OC isn't an option. Not sure I want to leave it in the vehicle for the valet guy to find, so I guess that means I'll have to leave it back in the room, which fortunately isn't at a casino...


    P.S. What does IANAL stand for?
    It is thought that if you open carry into a "Strip" casino security will ask you to leave the property and escort you out. They do not need to give you a reason for asking you to leave and you must go under Nevada's trespass law. I do not have any first hand knowledge of this however.

    IANAL = I am not a lawyer

    Ken

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    North Las Vegas and Boulder City (both near Las Vegas) also have car carry restrictions in place, although they should be void by a recent state law...

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    Thanks for all your help, guys!

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    bplv wrote:
    North Las Vegas and Boulder City (both near Las Vegas) also have car carry restrictions in place, although they should be void by a recent state law...


    The NLV municipal code was superceded by the recent change in the NRS, but Boulder techically is still grandfathered in. I've never had an issue in Boulder City, either OC or CC.




    Paw

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    digitspaw wrote:
    bplv wrote:
    North Las Vegas and Boulder City (both near Las Vegas) also have car carry restrictions in place, although they should be void by a recent state law...


    The NLV municipal code was superceded by the recent change in the NRS, but Boulder techically is still grandfathered in. I've never had an issue in Boulder City, either OC or CC.




    Paw
    Paw you might want to read Dave Olsen's response to Tim from this thread: timf343 wrote:
    Cool

    So....now we've got an opinion from the city attorney. Anyone up for an OC Meet in Boulder City?






    Mr. XXX:

    Your request for records is misdirected. Pursuant to NRS 239.0101.1.(b), I offer written notification to you that I am not the custodian of records for the City of Boulder City. I do not maintain any of the records you requested at my office. I seriously doubt that most of the records you requested ever existed or now exist. Furthermore, although I do not knowingly have any of the records you request in my custody, a significant part of the documents created by my office are the work product of my office would be subject to the attorney-client privilege and therefore confidential. In any event I don't have any of the records you seek and the proper contact for inspection or copying of Boulder City public records would be the Boulder City Clerk. The address of the City Clerk is Box 61350, Boulder City, Nevada, 89006-1350. The Clerk's telephone number is 293-9210. I stress that I am not denying your request. I am simply referring you to the proper source for such records in accordance with the statute.

    You state that you are "aware of the opinion of" my "office that the ordinance should not be repealed." I have not published a formal opinion on the subject of Section 7-1-3 of the Boulder City Code. I have never taken a position that the ordinance in question should be repealed or upheld. Frankly, I agree with you that a portion of Section 7-1-3 has indeed been preempted by the legislature, but that the remainder is fully consistent with paragraph 2 of NRS 268.418 and therefore not preempted.

    I would also suggest that it is also not within the scope of my authority to "instruct the police department on the enforceability of" any part of the Boulder City Municipal Code. The Chief of Police is the head of the enforcement arm of the law in Boulder City. If the Chief desires input from me he will ask for it. From time to time I may offer advice, but the authority to enforce the law in Boulder City rests exclusively with the Chief and his officers. I understand that the Chief has given you his perspective on the instant subject and that for all intents and purposes, your issue(s) with Section 7-1-3 are actually moot.

    The matter of reviewing and possibly repealing all or part of the ordinance in question should be a matter for City Council consideration, but to my knowledge it is not a priority, due to other more pressing issues facing the City, and because our police officers are not fully enforcing it at the present time, as you were informed by Chief Finn..

    Hopefully you understand that should you choose to bring a loaded weapon into the corporate limits of Boulder City, you cannot discharge it, for any reason, within 1000 yards of of any building, street, sidewalk, alley, highway or other public place. As clearly set forth in NRS 268.418,"the governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms." The City has proscribed by ordinance that it is unsafe for anyone other than a sheriff, constable or police officerto fire or discharge any firearms or air guns of any description within one thousand (1,000) yards of any building, street, sidewalk, alley, highway or other public place.

    Under NRS 268.418, you may now be able to transfer, sell, purchase, possess, own and transport your firearms within Boulder City subject only to State regulation, but unless you're a sheriff, constable or police officer, and unless you're 1000 yards away from any building, street, sidewalk, alley, highway or other public place have the gun with you, but you just can't shoot it. In most cases, if you were to fire your gun in Boulder City, you'd be violating the part of Section 7-1-3 that the legislature specifically left to municipal regulation.


    David R. Olsen, City Attorney
    City of Boulder City
    401 California Avenue
    Boulder City, Nevada 89005
    Office: (702) 293-9238
    Fax: (702) 293-9438


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    Denwego,

    When I was at Red Rock Canyon park, I asked the guy at the gate that takes your entrance money if the unloaded firearm sign also applies to self-defense weapons. He said it applies to all weapons. I didn't have the opportunity to ask anyone else.

    -Drew1

  16. #16
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    Ive never OC'd at the strip or Red Rock, but the rest of Vegas is fine.

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