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Thread: new guy with questions WRT Reno carry

  1. #1
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    A pal of mine who is generally extremely knowlegeable about shooting, but less so about law, told me concealed without a permit is illegal in Reno (in your car)
    I thought that it was ok as long as it remained in your vehicle.
    If I am right, can you tell me where to find a cite for this?

    Also I have opened carried but felt uncomfortable because I never see anyone else doing it, I would be glad to participate in OC events here in Reno, seems like nothing is ever organized WRT gun rights here.

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    chrsjhnsn wrote:
    A pal of mine who is generally extremely knowlegeable about shooting, but less so about law, told me concealed without a permit is illegal in Reno (in your car)
    I thought that it was ok as long as it remained in your vehicle.
    If I am right, can you tell me where to find a cite for this?

    Also I have opened carried but felt uncomfortable because I never see anyone else doing it, I would be glad to participate in OC events here in Reno, seems like nothing is ever organized WRT gun rights here.
    Senate Bill 92.

    October 1st, 2007.

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    chrsjhnsn wrote:
    A pal of mine who is generally extremely knowlegeable about shooting, but less so about law, told me concealed without a permit is illegal in Reno (in your car)
    I thought that it was ok as long as it remained in your vehicle.
    If I am right, can you tell me where to find a cite for this?
    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).


    Ken

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    A firearm also CAN NOT be carried in a car inside someting you can carry on your person...

    i.e. you can not carry a firearm in your car inside of a purse, backpack, etc. Anything that you can pick up and carry on you can not have a firearm inside of it.

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    It can be in your bag so long as you are not carrying your bag. Silly I know.

    Holstered on your hip while you are driving (so that if you were to exit your vehicle, you're clearly OC) is legal. Under the seat is legal. In the glovebox is legal. In your coat pocket is not legal unless you have a CCW.

    The cite is that there is no law on OC, but NRS defines concealed. See NRS 202.3653:

    “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.
    What is "discernible by ordinary observation" may not be 100% clear, but driving with the firearm in your glovebox is clearly not be carried upon your person, and so does not meet this definition, which, by the way, is the only legal definition of a concealed weapon in the state.

    Tim



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    Thanks for the quick replies, however my friend said that Reno in particular has a law against any concealed car carry (sans permit), that he said was grandfathered in before premption.

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    chrsjhnsn wrote:
    Thanks for the quick replies, however my friend said that Reno in particular has a law against any concealed car carry (sans permit), that he said was grandfathered in before premption.
    I kinda doubt that. I have NEVER heard of such a Reno/Washoe ordinance.

    Per http://en.wikipedia.org/wiki/Reno,_Nevada
    Reno is the county seat of Washoe County, Nevada, United States. As of the 2000 census, the city population was 180,480, making it the second-largest city in Nevada. Census estimates in 2006 indicated that the city's population had increased to 210,255...

    NRS 244.364, 268.418, and 269.222 state:

    The governing body of a county/city/town may proscribe by ordinance or regulation the unsafe discharge of firearms. If the governing body of a city in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require: (a) A period of at least 60 days of residency in the city before registration of such a firearm is required. (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.


    Lastly, Section 5 of Chapter 308, Statutes of Nevada 1989, at page 653, was amended to read as follows:

    The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.


    Hence, I strongly suspect your friend is incorrect. I would want to see the Reno Municipal code - and bounce it against current STATE law.


    Also see http://opencarry.mywowbb.com/forum36/10200.html

    And, of course, you can find the info for yourself. Call, write or go find the code. Check with the Reno City Atorney's office and/or the Washoe County District Attorney's office and/or the Washoe County Sheriff and/or the Reno Chief of Police - but make sure they quote an ordinance! And/or check http://www.washoecounty.us/clerks/co...p;text_version=


    Also see www.municode.com/RESOURCES/gateway.asp?pid=14160&sid=28
    CHAPTER 8.18. WEAPONS*

    __________*Cross references: Discharge of firearms as a nuisance, § 8.22.060.

    State law references: Dangerous weapons and firearms, NRS 202.253 et seq.; tear gas bombs and weapons, NRS 202.370 et seq.
    __________


    Sec. 8.18.010. Reserved.

    Sec. 8.18.020. Reserved.

    Sec. 8.18.025. Discharge of firearms.

    Sec. 8.18.030. Duty to report injury inflicted by dangerous or deadly weapons.

    Sec. 8.18.010. Reserved.

    Editor's note: Ord. No. 5035, § 1, adopted Sept. 14, 1999, repealed § 8.18.010, which pertained to concealed and dangerous weapons. See the Code Comparative Table.
    Sec. 8.18.020. Reserved.


    Editor's note: Ord. No. 5232, § 1, adopted April 10, 2001, repealed § 8.18.020, which pertained to sale of switch blade knives. See the Code Comparative Table.
    Sec. 8.18.025. Discharge of firearms.


    (a)Preamble. The Reno City Council finds and declares as follows: For purposes of this ordinance, Nevada Revised Statutes and the prohibition on the discharge of firearms within the city limits, all areas within the city limits of the City of Reno are deemed to be populated areas.

    (b)It is unlawful for any person to discharge any gun, pistol or other firearm in or upon any of the public streets, highways, alleys or other public place, or in, upon or about any building, vacant lot, or anywhere within the limits of the city; provided that nothing herein shall prevent the establishment and running of a shooting gallery properly enclosed and permitted by license of the city council under an ordinance of the city; and provided further, that nothing herein shall apply to any sheriff, deputy sheriff, policeman or other peace officer, who shall discharge any pistol or firearm in the lawful exercise of the duties of his office.

    (Ord. No. 4648, § 1, 7-9-96; Ord. No. 4894, § 1, 7-14-98)
    I found NO other ordinance suggesting anything else!

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    chrsjhnsn wrote:
    Thanks for the quick replies, however my friend said that Reno in particular has a law against any concealed car carry (sans permit), that he said was grandfathered in before premption.

    The only thing grandfathered in before pre-emption is Clark County's registration.

    State law pre-empts all local laws and does not allow for for grandfathered laws of this type. It only allows for the registration fo firearms to be pre-empted and even then you have 60 days before you would have to. Registration has never been required in Reno.


    If there is a law in Reno, which I've never heard of, its now void.

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    My understanding was that it was legal to have a loaded firearm in your vehicle in Nevada as long as it's not on your person.

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    Without a permit, you cannot carry a weapon concealed upon your person. Anywhere in the vehicle not upon your person is not concealed. With a permit, the gun may be anywhere.

    Loaded or unloaded does not matter except for long guns. Rifles and shotguns must be unloaded in the vehicle, permit or not.

    Tim

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    Perhaps you should contact Karen Fraley and get her take on this. She is Reno's Deputy City Attorney and the Legal Advisor to the Reno Police Department.

    She is very helpful and responds quickly.

    Her e-mail is:

    fraley@ci.reno.nv.us

    Let us know how she responds.



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    chrsjhnsn wrote:
    Thanks for the quick replies, however my friend said that Reno in particular has a law against any concealed car carry (sans permit), that he said was grandfathered in before premption.
    Neither Reno nor Washoe County has EVER had that kind of restriction. Never. Your friend is wrong.

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    schizrade wrote:
    Neither Reno nor Washoe County has EVER had that kind of restriction. Never. Your friend is wrong.
    I wouldn't be too hard on him. This type of bogus information usually comes from a "reliable" source such as a gunstore or a police officer.

    A few years ago in Virginia, I purchased a Taurus revolver. When I took possession, I got the usual loading/shooting/cleaning/safety demo and was also given a quick rundown of the law. It had to be COMPLETELY unloaded (no rounds in the revolver, or if semi, no magazine unless its empty), bullets stored in a separate case, and the cases must be stored securely such as in the trunk. I faithfully complied with the "law" for years before I was finally enlightened. Why did I have reason to doubt the gun store employee who I expected to be the best informed (he certainly seemed like he knew what he was talking about)?

    Had you asked me then, I'd have happily and confidently recited the law as I knew it, completely inaccurate!!

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    [timf343 wrote:
    schizrade wrote:
    Neither Reno nor Washoe County has EVER had that kind of restriction. Never. Your friend is wrong.
    I wouldn't be too hard on him. This type of bogus information usually comes from a "reliable" source such as a gunstore or a police officer.

    A few years ago in Virginia, I purchased a Taurus revolver. When I took possession, I got the usual loading/shooting/cleaning/safety demo and was also given a quick rundown of the law. It had to be COMPLETELY unloaded (no rounds in the revolver, or if semi, no magazine unless its empty), bullets stored in a separate case, and the cases must be stored securely such as in the trunk. I faithfully complied with the "law" for years before I was finally enlightened. Why did I have reason to doubt the gun store employee who I expected to be the best informed (he certainly seemed like he knew what he was talking about)?

    Had you asked me then, I'd have happily and confidently recited the law as I knew it, completely inaccurate!!
    It's stupid that gun dealers are often so ignorant about guns and gun laws. You'd think if you were going to be an expert at selling something you'd make the effort to understand it.

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    Felid`Maximus wrote:
    It's stupid that gun dealers are often so ignorant about guns and gun laws. You'd think if you were going to be an expert at selling something you'd make the effort to understand it.
    To make matters worse, one of the most important things CCW instructors can do is educate you on the law. In fact, I'm pretty sure it's a requisite of the class.

    My CCW class "qualified" me to apply to Utah, Florida, and Nevada, and maybe a few other states as well. My CCW instructor taught our class that if we just wanted to CC in Nevada, the cheaper Utah permit would be fine and there was no reason to apply for all 3 permits (UT FL NV). Sounded good to me, I'm on a budget. Thankfully, my wife and I won a couple extra bucks at PT's pub so I decided to apply for all three anyway. No one ever complained about having too much insurance after an accident. Having 3 permits would ensure that if I ever encountered a difficult or inexperienced LEO, the more paperwork the better to help demonstrate I'm one of the "good guys".

    The only reason I applied for my CCW was to make winter carry easier. I didn't want to have to worry about illegally concealing my weapon if my coat accidentally covered it.

    So imagine my excitement and relief when I received my UT permit in early January, months before receiving my NV permit (despite having applied for both at the same time). Thankfully, I was being anal that day and decided to logon to the Internet "just to be sure". I found NRS 202.3688...although Nevada DOES recognize permits issued by certain other states, including Utah, those permits are only recognized for non residents. From NRS 202.3688:

    2. A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may not carry a concealed firearm in this State if the person:
    (a) Becomes a resident of this State; and
    (b) Has not been issued a permit from the sheriff of the county in which he resides within 60 days after becoming a resident of this State.
    Not only was I disappointed I still could not carry concealed, I was infuriated that my CCW instructor provided inaccurate information on the law. Everyone makes mistakes, but it's not often that someone else's mistake puts you at risk of criminal prosecution, and likely losing the right to carry for the rest of your life! I paid good money to comply with the requirements the state set for getting my permit. It is unacceptable to me that a required class, of which proper law training is a requisite, put me at risk of forever losing the very right that made me take the class in the first place. Imagine if when you learned to drive, the drivers ed teacher told you that at a 4-way stop, the bigger car goes first.

    It's OK not to know the answer to a question, but to speak authoritatively from a position of trust on a topic about which you are unsure is completely unacceptable.

    I did manage to get off on a tangent here, but what if we prepared a handout that itemizes many of the laws in Nevada. Do you suppose it would be possible to get gun stores to hand them out with gun purchases? Standard disclaimers. "this is not legal advice, we're not lawyers, this is not necessarily a comprehensive list" Maybe even "this handout prepared by a third party and has not been validated for accuracy by this gun store..." If nothing else, try to train the employees so that even if they don't say "You can carry your gun openly just about anywhere" we can at least stop them from saying "OC is illegal."

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    timf343 wrote:
    schizrade wrote:
    Neither Reno nor Washoe County has EVER had that kind of restriction. Never. Your friend is wrong.
    I wouldn't be too hard on him. This type of bogus information usually comes from a "reliable" source such as a gunstore or a police officer.

    A few years ago in Virginia, I purchased a Taurus revolver. When I took possession, I got the usual loading/shooting/cleaning/safety demo and was also given a quick rundown of the law. It had to be COMPLETELY unloaded (no rounds in the revolver, or if semi, no magazine unless its empty), bullets stored in a separate case, and the cases must be stored securely such as in the trunk. I faithfully complied with the "law" for years before I was finally enlightened. Why did I have reason to doubt the gun store employee who I expected to be the best informed (he certainly seemed like he knew what he was talking about)?

    Had you asked me then, I'd have happily and confidently recited the law as I knew it, completely inaccurate!!
    Oh I meant no disrespect. Just statin' the facts ma'am.

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    timf343 wrote:
    I did manage to get off on a tangent here, but what if we prepared a handout that itemizes many of the laws in Nevada. Do you suppose it would be possible to get gun stores to hand them out with gun purchases? Standard disclaimers. "this is not legal advice, we're not lawyers, this is not necessarily a comprehensive list" Maybe even "this handout prepared by a third party and has not been validated for accuracy by this gun store..." If nothing else, try to train the employees so that even if they don't say "You can carry your gun openly just about anywhere" we can at least stop them from saying "OC is illegal."

    Well, A couple weeks ago I created a very rough draft of a summary of laws that affect Nevadans. I've attached it if you want to look at it, but as I said its got some rough areas. (One thing its lacking is references to the code)

    I actually just now made one edit to the final page. 9:54 am. Maybe I'll get around to improving it.

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    I removed the attachment for now.Will repost later.

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    I've posted a summary here: http://opencarry.mywowbb.com/view_to...184204#p184204

    It does not include a statement that non-Nevada permits don't work forNevada residentsbut it does include the code reference.

    It does not include the rules and exceptions for carry in State parks. That is in another thread and I will look it up if you need it.

    If I can do something to help please let me know.

    Ken

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