Nevada (Open) Carry Pamphlet

[Felid`Maximus]

I've created a pamphlet for Nevada laws concerning open carry. It prints out onto one page. It mentions all of the NRS numbers for laws, with links to them from browsers.

In the .doc version, in order to access links, hold down control while clicking them. In the PDF, just click them.



Download March 4, 2013 Version as a PDF file:
http://armsinfo.com/nevada/NVCarryPamphlet.pdf


Download March 4, 2013 Version as a doc file :
http://armsinfo.com/nevada/NVCarryMarch2013.doc

For John-In-Reno's stylized tri-fold:
http://forum.opencarry.org/forums/sh...evada+Pamphlet

Edit History:

Edit1 (June 20, 2008):
I did a very minor edit to the document by removing an extra quotation mark that was pointed out to me from the right side of the second blue quote box, for aesthetic reasons.

In case anyone was curious, there were 11 downloads previous to this very minor aesthetic change.


Edit2 (June 21, 2008): Despite reading this aloud a few times, I left out the word "as" in a sentence. Now it is there.
"There are a few exceptions to the law which, such as being"
Also, I added a period to the end of the sentence in paranthesis at the top mentioning Clark County's registration exception to preemption, and put a closing paranthesis where it was missing in the second paragraph. - 9 AM June 21.

There were 11 downloads previous to this edit too, perhaps by the same people!


July 30, 2008: A new version was posted several posts down but didn't replace this one. I was originally unsure of the utility of the information listed. In the Sept. 6 version this information will be included and two versions will no longer exist.

Aug 4, 2008 Edit: There were 243 downloads prior to correction of faulty information by AnakinsKid.


Sept 6, 2008. (80 downloads prior to new version) - Okay, I think its better to just put all the information into one, whether it concerns concealed or open carry. So all of the information that was in the new alternative one that I had posted several posts down is now in this one. In addition, I realized I never mentioned the restriction in the Legislative building. I also changed the wording referring to the NAC on roadside parks with my improved understanding of it. The federal law section in the july 30 one was more detailed than the one I left for download in this post earlier, so now I included that in here. For NAC 202.020, I have also reworded it to better reflect my understanding of it.
(The September 6 version was downloaded 174 times)

Dec 10, 2008. I ammended it to take into account the new ruling on national parks and wildlife refuges.
Dec 11, 2008. I forgot to mention when the rule takes effect. The pre-publication version of the rule I read said it took effect on the date of publication with the federal registrar. It was publicated with the Federal registrar on Dec. 10, but the publicated version says it takes effect January 9, 2009. (The December 11 version was downloaded 88 times.)

Jan 16, 2009. The law that preempts towns from making regulations is now listed along with the laws that restrict counties and cities. Additionally, the comment on preemption has been reworded, and the laws which regulate these localities are labeled. Also, I removed the mention that the new national park rule took effect on January 9 since it is past the date and it would look cleaner without mention of it. Also, now that the current Attorney General's website has a mention to open carry (the old pamphlet said that the current website made no mention of it), I removed the old reference to the archived attorney general website (found usinghttp://www.archive.org/index.php for http://ag.state.nv.us/ and clicking on the July 24 2002 archive,) and replaced it with the current one. I kind of liked how the old FAQ asked "Can I carry without a permit?" which drove the point of no permit being necessary, but the new one is easier for people to find than the archived version and is more current.

January 16, 2009 (10pm): See the thread about the AG saying local laws still apply: http://opencarry.mywowbb.com/forum36/20658.html. Until this gets sorted out the pamphlet has been temporarily revised to not mention state preemption. Hopefully soon the Jan 16 version I created earlier today can replace it.
(Jan 16 version was downloaded 41 times.)

February 10, 2009: Unfortunately the AG problem still hasn't been resolved, but I have updated the pamphlet again. I reworded the part discussing the preemption law because the one I had hastily assembled in the last version had some long sentences, unclear language, and forgot to mention the registration in Clark County. I also amended the section on roadside parks to mention rest areas, which the regulation also applies to. Also, I added to the section on schools to note that the penalty for loitering near a school while armed is a higher penalty than loitering without being armed.
(Feb 10 version downloaded 42 times)

March 4, 2009: The links in the Feb 10 version of the PDF got broken somehow. I just now noticed it. So, sorry to the people who got the version with broken links. I've now reposted the Feb 10 PDF and now when you click on the blue text it should go to the law on the legislature website again.

March 19, 2009: A federal district court has blocked the national park ruling. So I have amended the pamphlet to take this into account.
(The March 19 .doc version was downloaded 96 time)

July 3, 2009: The pamphlet has been updated to fix links as well as to take into account the new legislation which will allow concealed carry in National Parks on February 22, 2010. The wording of the first paragraph has also been altered. This revision also takes into account the changes in the list of states that Nevada recognizes concealed carry permits from. (Nevada no longer recognizes Utah or Florida but now recognizes West Virginia and Ohio.) Edit2: Fixed a sentence missing a word in 1st paragraph.
(The July 3 doc version was downloaded 38 times.)

August 9, 2009: The pamphlet has been updated to reflect the disappearance of the comments regarding firearms on the AG website, as well as to clarify the federal law section.
The August 9 doc version was downloaded 205 times).

March 16, 2010: The pamphlet has been updated to reflect that firearms are now permitted in National Parks and Wildlife Refuges, and to correct some formatting and reword the first paragraph a bit.
(Mar 16 .doc version downloaded 24 times.)

March 27, 2010: "Class C felony" has been changed to "Category C felony," as that is the proper legal diction for the penalty for illegally concealing a firearm. The federal law section discussing 18 USC 922 (q) had been modified. The font size is now the same as the rest of the paragraph, and I clarified it. It appears that there have been some people charged with 18 U.S.C. 922(q) since Lopez, although its constitutionality has still not been challenged to my knowledge. One time a convicted felon plead guilty to it in 2001 ( http://news.google.com/newspapers?ni...pg=2449,304629 ) and another time in United States vs. Tait, the court refused to entertain the constitutionality of the law because Tait already met the exception for being licensed by the state.( http://openjurist.org/202/f3d/1320/united-states-v-tait )

Tait argued to the district court and on appeal that the Gun-Free School Zone Act is unconstitutional under United States v. Lopez, 514 U.S. 549, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995). The district court determined that it "need not reach the constitutionality issue because Tait's permit removes him from the reach of 922(q)." This court declines to entertain Tait's constitutional argument for the same reason.

August 11, 2010. The list of state permits that Nevada recognizes has been updated (Nevada now recognizes New Mexico, North Carolina, Rhode Island.) Per the advice of DVC, I also made the wording in the first paragraph more concise and fixed the "unless if" grammar failure.



July 1, 2011. - the list of state permits that Nevada recognizes has been updated. Also, per AB 282, the division of state parks may not pass more stringent regulations. The pamphlet has also been reordered for a more consistent formatting. A brief description of who is eligible to carry a firearm is added, such as the age and criminal records requirements. Also, I added a note mentioning that one must carry their permit if they are carrying concealed. I also made the federal school zone discussion more concise, and rewrote the description of USC 926A in an attempt to reduce confusion over it. Kansas is now correctly written as KS rather than KA. I changed "blood alcohol level above .10" to "blood alcohol concentration of 0.10 or higher" to be more technically correct.

October 2, 2011. - Fixed the first paragraph...some of the wording may have lead to some confusion about whether firearms must be owned... Also, the discussion on open carry age has been clarified.

May 13, 2012. - Improved the grammar and flow of some sentences. Also it now specifies that Nevada residents must have a permit issued by their specific county (previously it was only specified that the out of state permit was not good enough for the Nevada residents, but technically, even a permit issued in Nevada by the wrong county would not be sufficient.)

November 26, 2012- In July, South Carolina's CCW permit is now recognized. The pamphlet now reflects this. Also, now that the law preventing State Parks from creating their own gun laws has been added to the legislature website, the link now goes to the revised statutes html rather than the enrolled bill pdf.

December 16, 2012- NRS 218.542 has been renamed to NRS 218A.905. The pamphlet now reflects this.

March 4, 2013- The Arizona CFP is no longer recognized in Nevada. The pamphlet has been updated to recognize this change.

Download December 16, 2012 Version as a doc file :
http://armsinfo.com/nevada/NVCarryMarch2013.doc

Download March 4, 2013 Version as a PDF file:
http://armsinfo.com/nevada/NVCarryPamphlet.pdf

[Bravo_Sierra]

Felid`Maximus wrote:

I've created a pamphlet that prints out on one page for Nevada laws concerning open carry. It prints out onto one page. It mentions all of the NRS numbers for laws, with links to them from browsers.

Edit:
I did a very minor edit to the document by removing an extraquotation markthat was pointed out to me from the right side of the second blue quote box, for aesthetic reasons.

In case anyone was curious, therewere 11 downloads previousto this very minor aesthetic change.

Thanks!

[Sheepdawg]

AWESOME!!!

[calmp9]

Felid`Maximus wrote:

I've created a pamphlet for Nevada laws concerning open carry.Â* It prints out onto one page.Â* It mentions all of the NRS numbers for laws, with links to them from browsers.

Edit:
I did a very minor edit to the document by removing an extraÂ*quotation markÂ*that was pointed out to me from the right side of the second blue quote box, for aesthetic reasons.

In case anyone was curious, thereÂ*were 11 downloads previousÂ*to this very minor aesthetic change.Â*
Â*

Edit2:Â*Â*Despite reading this aloud a few times, I left out the word "as"Â*in a sentence.Â* Now it is there.Â*
"There are a few exceptions to the law which, such asÂ*being"
Also, I added a period to the end of the sentence inÂ*paranthesis at the top mentioning Clark County's registration exception to preemption, and put a closing paranthesis where it was missing in the second paragraph.Â* - 9 AM June 21.

Â*There were 11 downloads previous to this edit too, perhaps byÂ*the same people!

Thanks for doing that! I am going to check it out.

[icode]

Thank you very much. Your work is appreciated.

[Erus]

• Can I carry a firearm in Nevada without a permit?[/b][/b]

Nevada has an open carry law that permits a person to carry a handgun in plain view.[/b]

[/b]

It is my understanding that the LACK of any directly OPEN carry law is what we have in Nevada that makes it legal.[/b]

Can you cite the NRS that states anything about OC being legal, rather than the lack of one that says it is not?[/b]

Other than this.. great pamphlet.[/b]

[bobernet]

Erus,

That is a direct quote from the former Nevada Attorney General. I agree that it is poorly worded, but it's what the AG posted on her website.

[Bravo_Sierra]

Erus wrote:

• Can I carry a firearm in Nevada without a permit?

Nevada has an open carry law that permits a person to carry a handgun in plain view.



It is my understanding that the LACK of any directly OPEN carry law is what we have in Nevada that makes it legal.

Can you cite the NRS that states anything about OC being legal, rather than the lack of one that says it is not?

Other than this.. great pamphlet.

There isn't anything about OC in the NRS.

[Erus]

Yeah B_S that's what I though/always was told/read for myself.



Thanks bobernet for the clarification. Goofy wording leaves room for argument I would rather not have, but it's still a good listing of NRS's for the uneducated to START with.



Kind of thing to hand to idiot clerks and sheep and righteous "authorotay figgers"

[dan-wild]

In Clark County, it appears that handguns must be registered in order to keep and bear.

[bobernet]

Yes. If you're a resident of the county for more than 60 days, any concealable firearm must be registered.

Registration is free and only takes a few minutes at any metro station.

It is unconstitutional, in my opinion, and it sucks - but it's not particularly inconvenient. You can avoid registering (not legally) any guns you buy from private parties, but if you buy from a retail gun dealer, they will submit the registration info directly to metro and issue your "blue card" at the time of sale.

The penalty for conviction on registration laws is a misdemeanor. $100+ and/or 6 months max.

[timf343]

The USSC did not evaluate the constitutionality of registration in this most recent 2A case, an in fact, Heller conceded that registration was a reasonable limitation upon the right, so it was left unchallenged in this case.

[bobernet]

In pondering this more, I think it would be tough to challenge registration on constitutional grounds. After all, we already have voter registration, and as long as it is not used selectively, capriciously, and there aren't any test or fees associated (that would make it like a poll tax), then I think registration would probably pass constitutional muster.

[Felid`Maximus]

Thanks all for the kind words.

PDF Version was downloadable on this post.Â* (March 27, 2010 Version)

(September 6 version of the PDF was downloaded 48 times.)
(December 11 version of the PDF was downloaded 22 times)
(January 16 version of the PDF was downloaded 58 times.)
(Broken Links Feb 10, 2009 version downloaded 33 times)
(Fixed Links Feb 10, 2009 version downloaded 29 times.)
(March 19 version of the PDF was downloaded 167 times.)
(July 3, 2009 version of PDF was downloaded 50 times.)
(August 9, 2009 version of PDF was downloaded 614 times.)
(March 16, 2010 version of PDF was downloaded 64 times.)

[Felid`Maximus]

Here is a more detailed version that's also modified a bit. Not sure if its better.

(The July30 version was downloaded 50 times before it was removed.)

[Felid`Maximus]

If anyone wants to know what's different, aside from reordering a bit, there is red text in this one.Â* Actually, there is more than what is listed in this file too.Â* NAC 202.020 is now mentioned, as well as a penalty for "exhibiting" a firearm in a roadside park.

The funny thing about 202.020 is that it is not clear whether the locations listed are just supposed to be on a form that someone sees or if they are also regulations.


The update notes below showed the changes made before the July 30 version.

Edited to add: These notes are quite old and just show changes between the July 30 version and its successor. If anyone wants to see any older version of the pamphlet or see similar update notes they can be made available upon request.

Edited to add: Notes removed. (90 Downloads existed.) Not sure they are worth seeing given how old they were.

[Felid`Maximus]

Hmm this post is bugged.

[AnakinsKid]

In the newest update you say,

Places One Cannot Carry a Firearm: Per NRS 202.265 one may not have a firearm anywhere on the property of a University, School, or Child Care facility. (Even with a concealed carry permit the buildings are still off limits though the rest of the property no longer is.)

What NRS makes the property not off limits for CCW holders? My church shares a parking lot with a Daycare/Preschool that we started, and I'm unsure if I can carry there. If there actually is an exemption for CCW holders, I'm ok.

[Felid`Maximus]

AnakinsKid wrote:

In the newest update you say,

Places One Cannot Carry a Firearm: Per NRS 202.265 one may not have a firearm anywhere on the property of a University, School, or Child Care facility. (Even with a concealed carry permit the buildings are still off limits though the rest of the property no longer is.)

What NRS makes the property not off limits for CCW holders? My church shares a parking lot with a Daycare/Preschool that we started, and I'm unsure if I can carry there. If there actually is an exemption for CCW holders, I'm ok.

You're right. Sorry to all for this serious error. I misinterpreted 202.3673 which only mentions the buildings.

[AnakinsKid]

Felid`Maximus wrote:

AnakinsKid wrote:

In the newest update you say,

Places One Cannot Carry a Firearm: Per NRS 202.265 one may not have a firearm anywhere on the property of a University, School, or Child Care facility. (Even with a concealed carry permit the buildings are still off limits though the rest of the property no longer is.)

What NRS makes the property not off limits for CCW holders? My church shares a parking lot with a Daycare/Preschool that we started, and I'm unsure if I can carry there. If there actually is an exemption for CCW holders, I'm ok.

You're right. Sorry to all for this serious error. I misinterpreted 202.3673 which only mentions the buildings.

NRS 202.3673 Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.
3. A permittee shall not carry a concealed firearm while he is on the premises of:
(a) A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to subparagraph (3) of paragraph (a) of subsection 3 of NRS 202.265.

I would interpret that the same as you did. It doesn't say not to carry on the property, just not in the buildings on the property.

[CowboyKen]

I also note that this seems to say that if you go to a non-school event at say,Thomas & Mack, like a concert, you would seem to be OK to carry there even though it is a UNLV building.

(b) “Public building� means any building or office space occupied by:

(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System;

Ken

[bobernet]

Ken,

I recently had an opportunity to get some clarification on this.

We were taking another couple with us to see Boston/Styx and I called a friend to see if he knew how the police interpreted the law re: carrying at a non-school event at the Thomas & Mack.

He said, his understanding was that they considered it illegal, but he would check with the UNLV campus police dept since he knew some of them. After a few phone calls, he called me back and said "yeah, they definitely consider it illegal and will arrest you if caught."

I realize that LEO are not lawyers and depending how the DA interprets the statute you may or may not be charged. But at this point, at least expect to be arrested if you're caught carrying there.

[CowboyKen]

Bob,

Thanks for the info. I guess it is not surprising but the law does seem clear. If I am ever in that situation and I get in trouble we will all find out what the courts have to say about it.

Ken

[bobernet]

Just a quick thought...

Note that the language employed is, "and used for any purpose related" not "while used." It is true that the T&M is a component of the school system, and it's also true that it is "used for any purpose related..."

I'd be careful with that one. Very murky waters to chance a conviction.

[aloe]

T&M is on school property is it not? ANd also school zone = 1000 feet near a school, and T&M is within 1000 feet of the nearest UNLV building.

I have a question, what if you live within 1000 feet of a school? IsOC and CCW illegal around your neighbourhood? And whats the rules regarding community centers?