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Thread: State of Nevada weapons laws NRS 202.x

  1. #1
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    Here are the Nevada state laws concerning weapons.

    NRS 202.x

    http://www.leg.state.nv.us/NRS/NRS-202.html

    They are worth the read if you have the time...

    This thread should probably be pinned by a moderator if possible for easy reference.

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    I find the problem is that openly carrying is not mentioned. I can explain to someone that in Nevada if an action is not made illegal by statute then it is legal, but they don't "have" to believe me. Most people seem to think that the law has to "let" us do things, and since the law doesn't say OC is legal it must not be. It is a frustrating problem to be sure.:?

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    icode wrote:
    I find the problem is that openly carrying is not mentioned. I can explain to someone that in Nevada if an action is not made illegal by statute then it is legal, but they don't "have" to believe me. Most people seem to think that the law has to "let" us do things, and since the law doesn't say OC is legal it must not be. It is a frustrating problem to be sure.:?
    Seemingly smartass question that makes perfect sense and is serious: Is there a law regulating the color of t-shirt you wear?

    If not, what makes you think its legal? No law says you can or can't wear a red shirt. How do you know that it's legal then?

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    Bravo_Sierra wrote:
    icode wrote:
    I find the problem is that openly carrying is not mentioned. I can explain to someone that in Nevada if an action is not made illegal by statute then it is legal, but they don't "have" to believe me. Most people seem to think that the law has to "let" us do things, and since the law doesn't say OC is legal it must not be. It is a frustrating problem to be sure.:?
    Seemingly smartass question that makes perfect sense and is serious: Is there a law regulating the color of t-shirt you wear?

    If not, what makes you think its legal? No law says you can or can't wear a red shirt. How do you know that it's legal then?
    Hey BS - I don't think that is a smartass question, it does make perfect sense to me and to you, but to the sheeple? Most of them seem to think that guns are bad and therefore carrying one "like that" must be illegal. When you cannot show them an opinion from the Attorney General or a statute or anything to back yourself up... We can explain to them that "if it's not ILLEGAL then it's LEGAL" but how do they KNOW that it's not ILLEGAL by some statute, and we just don't know or don't want to admit it? KWIM?

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    icode wrote:
    Bravo_Sierra wrote:
    icode wrote:
    I find the problem is that openly carrying is not mentioned. I can explain to someone that in Nevada if an action is not made illegal by statute then it is legal, but they don't "have" to believe me. Most people seem to think that the law has to "let" us do things, and since the law doesn't say OC is legal it must not be. It is a frustrating problem to be sure.:?
    Seemingly smartass question that makes perfect sense and is serious: Is there a law regulating the color of t-shirt you wear?

    If not, what makes you think its legal? No law says you can or can't wear a red shirt. How do you know that it's legal then?
    Hey BS - I don't think that is a smartass question, it does make perfect sense to me and to you, but to the sheeple? Most of them seem to think that guns are bad and therefore carrying one "like that" must be illegal. When you cannot show them an opinion from the Attorney General or a statute or anything to back yourself up... We can explain to them that "if it's not ILLEGAL then it's LEGAL" but how do they KNOW that it's not ILLEGAL by some statute, and we just don't know or don't want to admit it? KWIM?
    It's hard man.. I understand that having nothing to fall back on sucks but I don't have a solution. I literally give people the number for CCW detail at the sheriffs office and tell them to call it if they dont beleive me.

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    wayneco wrote:
    Here are the Nevada state laws concerning weapons.

    NRS 202.x

    http://www.leg.state.nv.us/NRS/NRS-202.html

    They are worth the read if you have the time...

    This thread should probably be pinned by a moderator if possible for easy referenc
    I like this one...

    NRS 202.450 Definition.

    1. A public nuisance is a crime against the order and economy of the State.

    2. Every place:

    (a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

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    Laws only make things illegal and state ranges of punishment for the offense. If it is not illegal, it is legal. There are a couple things in the NRS about open carry but mostly the state laws regulate concealed carry. You can read the NRS yourself -- all of the laws are in NRS 202 at that link I posed earlier.

    This may just be a cognitive dissonance moment for you while you come to terms with the fact that you have and have always had nearly unlimited open carry weapon freedom in the State of Nevada.

    It's OK, you're not alone and we're here to help.

    http://en.wikipedia.org/wiki/Cognitive_dissonance

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    wayneco wrote:
    Laws only make things illegal and state ranges of punishment for the offense. If it is not illegal, it is legal. There are a couple things in the NRS about open carry but mostly the state laws regulate concealed carry. You can read the NRS yourself -- all of the laws are in NRS 202 at that link I posed earlier.

    This may just be a cognitive dissonance moment for you while you come to terms with the fact that you have and have always had nearly unlimited open carry weapon freedom in the State of Nevada.

    It's OK, you're not alone and we're here to help.

    http://en.wikipedia.org/wiki/Cognitive_dissonance
    ThanksI've known about our relative freedom to an extent for a long time. The problem comes in educating others and therefore not causing grief for yourself and embarrasment for your family when you get "felony stopped" in the store for excersizing your "right". Now you can all call me names referencing female genetalia.:shock:

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    There are Nevada Revised Statutes to make things legal and illegal however the absence of one does not default to the other. There are statutes telling us what we can not do and what the punishment is if we do. These can change depending on the municipality. If you want to carry a 4" fixed blade knife on your belt and it is visible from 3 views (front, side, back) you won't find a statute telling you that you can and you won't find a statute telling you that you can not. Know your municipal limitations. Check state then county then city and if there are no statutes to regulate that which you wish to do, then there is no rule that you can violate. No violation = no penalty. Remember, just because you can't find a general state rule or regulation doesn't mean that there isn't a county or city rule or regulation.

    PS- While there is no statute legalizing prostitution, some municipalities have statutes against it, some don't, while others choose to regulate it.

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    NRA LIFE wrote:
    Remember, just because you can't find a general state rule or regulation doesn't mean that there isn't a county or city rule or regulation.
    Except when the State law forbids counties or cities from regulating it, as is the case in Nevada with regards to most aspects of firearms.

    State Preemption Laws:[/i]

    [/i]NRS 268.418

    NRS 244.364

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    I can't find a single thing in there about possession of rifles or shotguns.

    Doesn't that mean it is legal for me to carry a 12 gauge strung over my back? I've never seen it done before, though.

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    CoonDawg wrote:
    I can't find a single thing in there about possession of rifles or shotguns.

    Doesn't that mean it is legal for me to carry a 12 gauge strung over my back? I've never seen it done before, though.
    Carry of long guns is NOT prohibited; state law applies.

    However, taken from http://www.leg.state.nv.us/NRS/NRS-503.html#NRS503Sec165:
    NRS 503.165 Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions.
    1. It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.

    2. A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.

    3. The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.

    (Added to NRS by 1969, 1367; A 1971, 1542; 1981, 321; 1987, 596)
    And, Taken from http://www.leg.state.nv.us/NAC/NAC-4...l#NAC407Sec105:
    Title: CHAPTER 407 - STATE PARKS AND OTHER RECREATIONAL AREAS

    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)
    In the latter (NAC), it is interesting to note "Added to NAC by Div. of St. Parks..."

    One wonders if that is lawfuldue to the state preemption law.



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    2. A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.
    It specifically states that a loaded gun is when there is an unexpended cartridge or shell in the firing chamber, but NOT when the only cartridges or shells are in the magazine.

    It does not specifically state that you cannot carry a shotgun or a rifle on the streets. As long as it is not "loaded", which by legal terms means a round in the chamber, it is not illegal (by that section of the law) to walk with a gun capable of being loaded. And as we all know, if it is not illegal, it is legal (Again, but that section of the law).

    I'm sure there is another law out there that says "Long guns on public streets is illegal", but that specific section does not. Most people who open carry/conceal don't carry a hot weapon anyway, as it is a liability.

    I'd like to see the actual law pertaining to this, I would like to know the exact definitions for it.

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    varminter22 wrote:
    In the latter (NAC), it is interesting to note "Added to NAC by Div. of St. Parks..."

    One wonders if that is lawfuldue to the state preemption law.





    NRS 268.418 NRS 244.364
    Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada...



    Well, the state says, "except as otherwise provided by specific statute." NRS 407.0475and NRS 407.065 give the department permission to make regulations concerning parks etc. but the statutes do not specifically mention that they may regulate firearms.

    Here is an excerpt of 407.0475

    1. The Administrator shall adopt such regulations as he finds necessary for carrying out the provisions of this chapter and other provisions of law governing the operation of the Division. The regulations may include prohibitions and restrictions relating to activities within any of the park or recreational facilities within the jurisdiction of the Division.

    2. Any regulations relating to the conduct of persons within the park or recreational facilities must:

    (a) Be directed toward one or both of the following:

    (1) Prevention of damage to or misuse of the facility.

    (2) Promotion of the inspiration, use and enjoyment of the people of this State through the preservation and use of the facility.

    (b) Apply separately to each park, monument or recreational area and be designed to fit the conditions existing at that park, monument or recreational area.

    3. Any person whose conduct violates any regulation adopted pursuant to subsection 1, and who refuses to comply with the regulation upon request by any ranger or employee of the Division who has the powers of a peace officer pursuant to NRS 289.260, is guilty of a misdemeanor.


    The preemption laws only specifically mention that "No city or county" may make regulations, but since the preemption law also says that the legislature reserves the right for itself I would say think state agencies other than the legislaturewould not be able to create regulations about it unless the legislature specifically allowed them to.



    So I'd like to think they were not allowed to do that, but I'm not a lawyer.



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    CoonDawg wrote:
    Most people who open carry/conceal don't carry a hot weapon anyway, as it is a liability.
    Are you referring to pistols/revolvers, or just rifles and shotguns? Just to be clear, I always carry "hot," and so does everyone else that I know of. How do you carry a revolver that is not "hot"?

    Ken

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    Good question.

    I assume "hot" means loaded.

    I would not want to carry an unloaded firearm. Why carry at all if it ain't loaded?

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    CoonDawg wrote:
    2. A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.
    It specifically states that a loaded gun is when there is an unexpended cartridge or shell in the firing chamber, but NOT when the only cartridges or shells are in the magazine.

    It does not specifically state that you cannot carry a shotgun or a rifle on the streets. As long as it is not "loaded", which by legal terms means a round in the chamber, it is not illegal (by that section of the law) to walk with a gun capable of being loaded. And as we all know, if it is not illegal, it is legal (Again, but that section of the law).

    I'm sure there is another law out there that says "Long guns on public streets is illegal", but that specific section does not. Most people who open carry/conceal don't carry a hot weapon anyway, as it is a liability.

    I'd like to see the actual law pertaining to this, I would like to know the exact definitions for it.
    No, you just cannot have a rifle or shotgun with a round chambered in a vehicle. You can walk down the street with a rifle with a chambered round.

    As far as having chambers loaded, I always carry handguns with chambers loaded.

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    Felid`Maximus wrote:
    As far as having chambers loaded, I always carry handguns with chambers loaded.
    You can bet your ass the bad guy does. And if you don't carry 'hot' then you literally are betting your ass... That extra second it takes for you to rack a round is gonna give the other guy a couple free shots on you. If your state doesn't prohibit loaded carry, then you should have one in the pipe.

    A weapon (loaded or not) is only a liability if you are careless.
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  19. #19
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    One thing I have not seen on this thread or elsewhere....

    Assumptions: a valid concealed handgun permit, not intoxicated....

    Can I legally carry in a casino?

    JoeSparky
    RIGHTS don't exist without RESPONSIBILITY!
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    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
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    If the above makes me a RADICAL or EXTREME--- So be it!

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    JoeSparky wrote:
    One thing I have not seen on this thread or elsewhere....

    Assumptions: a valid concealed handgun permit, not intoxicated....

    Can I legally carry in a casino?

    JoeSparky
    (In Nevada,)


    Yes, you can legally carry concealed in a casino with a concealed handgun permit if your BAC is below .10.

    And without (or with) a permit you can legally carry openly in a casino if your BAC is below .10.

    However, if a Casino tells you to leave you must comply or you will be considered trespassing.


  21. #21
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    JoeSparky wrote:
    One thing I have not seen on this thread or elsewhere....

    Assumptions: a valid concealed handgun permit, not intoxicated....

    Can I legally carry in a casino?

    JoeSparky
    JoeSparky,

    You might want to look at one of these threads to get a better understanding of Nevada firearms law:

    http://opencarry.mywowbb.com/forum36/13409.html

    http://opencarry.mywowbb.com/view_to...184204#p184204


    http://opencarry.mywowbb.com/view_to...130157#p130157


    Ken


  22. #22
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    Thanks all for the info/guidance....

    Looking to go to BikeFest with some Buddies... And I LOVE to carry OPEN, but will carry concealed if need be...

    Permits are good to have in light of certain laws...

    Remember...

    According to current law in Utah and Nevada at least...

    Open Carry is a Right... Concealled carry is a priviledge!

    JoeSparky
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
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    If the above makes me a RADICAL or EXTREME--- So be it!

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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

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