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Thread: Help with Nevada CC/OC law

  1. #1
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    When I took my CCW class, I asked the instructor if it's legal to partially conceal. By that I mean you have the gun tucked in your waistband but the grip is visible. I was curius just in case of an accidental exposure, like my shirt riding up, or accidental concealment, like my shirt partially covering the gun while OCing. She told me that if you are concealing and it becomes visible, it's a gross misdemeanor. I haven't been able to find that in the NRS, and I was hoping someone might know.

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    Dead wrong. My CCW instructor was also grossly unfamiliar with the law.

    The definition of concealed, per NRS 202.3653, is:

    “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

    If it is not discernible by ordinary observation, it's concealed and you need a permit. If it's discernible, such as the situation you describe, in which your shirt comes untucked or the weapon becomes otherwise visible, is not concealed. And as we know, there is no permit required for carrying a weapon openly (or NON-concealed).

    So you're either legally concealed with the permit you'll be getting, OR you're openly carrying. Neither of those is a crime.

  3. #3
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    here is the entire NRS.... where do you see that if your weapon becomes exposed, its a crime?

    http://www.nevadacarry.com/index.php...&Itemid=38

    im too lazy to read it all, but I don't think it's in there, else 99% of the people I see CC'ing would be guilty for "printing."

  4. #4
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    Nevada is a defacto open carry state and you may open carry if you choose. If you open carry in the high traffic tourist areas of Las Vegas you may have a visit from Metro or, Casino personel may/will ask you to leave the property if you open carry in any casino. If anyone in authority in any private establishment asks you to leave you must leave under Nevada's trespass law.

    There is no restriction on having a firearm in your car, open or concealed as long as it is not concealed on your person (unless you have a permit).

    If you have a permit that is valid in Nevada:

    Recognition of permits issued by other states:

    Out of State Carry Concealed Weapon Permit Recognition

    Effective Oct 1, 2007

    In accordance with Senate Bill 237 passed by the 2007 Nevada Legislature the State of Nevada will recognize the following States' CCW permit holders:

    Alaska, Arkansas, Florida (added January 3, 2008), Kansas, Louisiana, Michigan (added May 9, 2008), Missouri, Nebraska, Tennessee and Utah

    This law allows holders of valid permits from these states to carry a concealed weapon while in the State of Nevada. The permit must be in the possession of the issuee at all times while carrying a firearm.

    http://nvrepository.state.nv.us/Spec...W_CHANGE.shtml

    http://www.leg.state.nv.us/NRs/NRS-2...#NRS202Sec3688

    -----------------------------

    You may carry concealed in Nevada ANYWHERE except:

    Buildings at the airport,
    Schools (including colleges) and child care facilitys,
    Public buildings (that means Government buildings) that are posted or have metal detectors.

    http://www.leg.state.nv.us/NRs/NRS-2...#NRS202Sec3673

    That includes casinos, bars, clubs, restaurants, ANYWHERE. They may ask you to leave for any reason, or no reason at all, and, under Nevada's trespass law, you must leave.

    You may drink whlie carrying. The BAC limit is 0.10 (DUI is 0.08, when they lowered it to get federal highway money they did not change the limit for CCW).

    http://www.leg.state.nv.us/NRs/NRS-2...l#NRS202Sec257

    -------------------------------------------------

    I hope this clears up any questions. Nevada laws concerning weapons are, for the most part at NRS 202.253 through 202.369.

    Come to Las Vegas, have fun, bring lots of money.

    Ken


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    Bravo_Sierra wrote:
    here is the entire NRS.... where do you see that if your weapon becomes exposed, its a crime?

    http://www.nevadacarry.com/index.php...&Itemid=38

    im too lazy to read it all, but I don't think it's in there, else 99% of the people I see CC'ing would be guilty for "printing."
    Exactly. I can't find anything. Compared to the other gun dealers I've talked to in town, I'd say that the people at Bargain Pawn seem like the most well-informed I'd met. This would be the one time that I'm not sure about what they said. I'll still be giving them my business. I've bought 4 guns from them in the last 8 months, and am getting the itch to go buy another.

    I'll have to catch a couple LEOs and ask them what they think about it. See if Metro will harrass me about it.

    The way that statute is worded, it looks like Mexican Carry would be legal without a permit. It's obvious from the grip that it's a gun, so it's not concealed, right?

  6. #6
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    CowboyKen wrote:
    <snip>
    Alaska, Arkansas, Florida (added January 3, 2008), Kansas, Louisiana, Michigan (added May 9, 2008), Missouri, Nebraska, Tennessee and Utah

    This law allows holders of valid permits from these states to carry a concealed weapon while in the State of Nevada. The permit must be in the possession of the issuee at all times while carrying a firearm.
    <snip>
    Ken-

    Just wanted to add that this applies ONLY to non-residents. Residents of Nevada MUST have a Nevada permit in order to carry concealed here.

    See NRS 202.3688 Paragraphs 2, 2(a) and 2(b).

    Tim

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    AnakinsKid wrote:
    <snip>
    The way that statute is worded, it looks like Mexican Carry would be legal without a permit. It's obvious from the grip that it's a gun, so it's not concealed, right?
    Mexican carry is debateable, because of how "ordinary observation" is interpreted? A trained cop might be able to tell you're carrying with the slightest indication of the weapon printing through your shirt. Is your weapon concealed to him since he can discern what you have with ordinary observation? Or, since most sheeple are so oblivious anyway, does your gun grip look too much like a cell phone to them?

    Plus, carrying this way without a CC permit exposes you to unnecessary risk of prosecution. I thought the risk of becoming a "criminal" by accidentally covering my OC weapon, say with a coat, etc, was so high, it was the #1 reason I decided to get my CC permit.

    Just splitting hairs here, but my point is you never know how LE or a judge will enforce/interpret the law when it comes to undefined terms, like "ordinary observation".


  8. #8
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    I mentioned this once before, but I was almost thrown out of a CCW class for challenging the teacher to prove that OC was illegal. I even bet him $100 and offered to call the CCW detail of the sheriff.

    He quickly changed the subject. :celebrate

    People have motives. They try to scare us into believing things that are not true.

  9. #9
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    timf343 wrote:
    AnakinsKid wrote:
    <snip>
    The way that statute is worded, it looks like Mexican Carry would be legal without a permit. It's obvious from the grip that it's a gun, so it's not concealed, right?
    Mexican carry is debateable, because of how "ordinary observation" is interpreted? A trained cop might be able to tell you're carrying with the slightest indication of the weapon printing through your shirt. Is your weapon concealed to him since he can discern what you have with ordinary observation? Or, since most sheeple are so oblivious anyway, does your gun grip look too much like a cell phone to them?

    Plus, carrying this way without a CC permit exposes you to unnecessary risk of prosecution. I thought the risk of becoming a "criminal" by accidentally covering my OC weapon, say with a coat, etc, was so high, it was the #1 reason I decided to get my CC permit.

    Just splitting hairs here, but my point is you never know how LE or a judge will enforce/interpret the law when it comes to undefined terms, like "ordinary observation".
    I'm not actually going to try Mexican Carry, even though I probably could get away with it now. I just checked my mail and my CCW was there.

  10. #10
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    what county did you file for your CCW permit? what date?

    I'm trying to guess when mine will show up. We filed our applications on April 20th in Washoe County.

  11. #11
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    wayneco wrote:
    what county did you file for your CCW permit? what date?

    I'm trying to guess when mine will show up. We filed our applications on April 20th in Washoe County.
    I filed for mine on April 14 in Clark county. Arrived May 31.

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