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Open Carry In North Las Vegas?

yeahYeah

Regular Member
Joined
Jun 27, 2008
Messages
433
Location
Las Vegas, NV, ,
imported post

Hi Everyone! I filed for my CCW in late May, so i still have some time, but i am feeling the OC bug and want to, but i can NEVER get a straight answer from anyone here as to the laws in North Vegas. I know it's illegal to carry in a car (criminals dont obey laws), but what about OCing in North Vegas?

The people at gun shops are clueless and the cops wont give me a straigh answer.
 

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,714
Location
Reno, Nevada, USA
imported post

Yes, open carry is legal in North Las Vegas. Due to statewide preemptionof most firearm laws,nolocal laws apply.


You can download a pamphlet I madeconcerning Nevadas carry laws in this thread: http://opencarry.mywowbb.com/forum36/12253.html

It contains all of the limitations on open carry in Nevada that I am aware of.

Also, it is not illegal to carry in a car, and your local ordinances saying such are invalid and unenforceable.

A firearm can be anywhere within your car except concealed on your person (like under a jacket). A handgun can be fully loaded, but rifles and shotguns cannot have a round in thechamber. (magazines of rifles and shotgunscan be loaded and insertedthough)
 

yeahYeah

Regular Member
Joined
Jun 27, 2008
Messages
433
Location
Las Vegas, NV, ,
imported post

i spoke with the city attorney and they said the car law was grandfathered in and it is not being removed anytime soon.

I want to break the OC ice, but want to make sure i am not going to be persecuted for it.

I see people OC here, but none so far in North Town.
 

Loneviking

Regular Member
Joined
Apr 11, 2008
Messages
344
Location
Carson City, Nevada, USA
imported post

yeahYeah wrote:
i spoke with the city attorney and they said the car law was grandfathered in and it is not being removed anytime soon.

I want to break the OC ice, but want to make sure i am not going to be persecuted for it.

I see people OC here, but none so far in North Town.
The city attorney is wrong and is an incompetent idiot for not knowing the law.
 

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,714
Location
Reno, Nevada, USA
imported post

yeahYeah wrote:
i spoke with the city attorney and they said the car law was grandfathered in and it is not being removed anytime soon.

I do not believe this is true. I believe the only thing grandfathered in was Clark County's registration.

Per the statepreemptionLaws (NRS 268.418NRS 244.364 ) ONLY registrationcan be grandfathered. No other laws of other types preempted may be. You can read the laws yourself.
 

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,714
Location
Reno, Nevada, USA
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Couldn't exactly find something online from the mayor, but I found this blog which mentions it.

http://art1sec11.blogspot.com/2008/01/random-thoughts-pot-shots.html

Tim, one of our loyal readers, has received a letter from Mayor Mike Montandon of North Las Vegas indicating that he is fully in favor of doing away with the unconstitutional and now illegal firearms related ordinances found in his fair city. Mayor Mike is a firearms enthusiast himself and has been trying to convince his city council that these ordinances found in 9.32.010 through 9.36.200 of the City of North Las Vegas city code should be scrapped. We have heard that a major reason former NLV Police Chief Mark Paresi became “former” was based on his lack of support for Mayor Mike’s initiative. We’re crossing our fingers that the mayor gets the council to side with him before someone sues his city for violating Nevada State statutes.
 

timf343

Campaign Veteran
Joined
Oct 3, 2007
Messages
1,409
Location
Las Vegas, Nevada, United States
imported post

That "Tim" refers to yours truly.

I do not have a link, only a private email I exchanged with the mayor. I just sent him another note asking him to correct his subordinate, Mr Hoyt, and request the newspaper print a correction.

Tim
 

Wheel

Regular Member
Joined
Jun 25, 2008
Messages
32
Location
, ,
imported post

timf343 wrote:
That "Tim" refers to yours truly.

I do not have a link, only a private email I exchanged with the mayor. I just sent him another note asking him to correct his subordinate, Mr Hoyt, and request the newspaper print a correction.

Tim
Hi Tim. I'm an NLV resident and though I have my CFP, am anxiously awaiting a response. Please be sure to keep us posted if/when the Mayor responds. Thanks :D
 

DESERT ATILLA

Regular Member
Joined
Jan 18, 2009
Messages
90
Location
, ,
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Felid`Maximus wrote:
yeahYeah wrote:
i spoke with the city attorney and they said the car law was grandfathered in and it is not being removed anytime soon.

I do not believe this is true. I believe the only thing grandfathered in was Clark County's registration.

Per the statepreemptionLaws (NRS 268.418NRS 244.364 ) ONLY registrationcan be grandfathered. No other laws of other types preempted may be. You can read the laws yourself.

I've reread SB92 and I still can't figure out how the AG's office can say that local ordinances are still in force. There specific instructions regarding the validity after a certain date.

ê2007 Statutes of Nevada, Page 1291ê



Sec. 4. Section 5 of chapter 308, Statutes of Nevada 1989, at page 653, is hereby amended to read as follows:

Sec. 5. [The]

1. Except as otherwise provided in subsection 2, the provisions of this act apply [only] to ordinances or regulations adopted on or after [the effective date of this act.] June 13, 1989.

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

Sec. 5. A board of county commissioners, governing body of a city and town board in a county whose population is 400,000 or more shall amend any ordinance or regulation adopted by that body before June 13, 1989, that does not conform with the provisions of NRS 244.364, as amended by section 1 of this act, NRS 268.418, as amended by section 2 of this act or NRS 269.222, as amended by section 3 of this act, as applicable, by January 1, 2008. Any ordinance or regulation that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law. Emphasis added.

However, how is it that one ordinance (Clark County registration) is grandfathered and all others are subject to the will of the State Legislature?
 

Gordie

Regular Member
Joined
Nov 4, 2008
Messages
716
Location
, Nevada, USA
imported post

DESERT ATILLA wrote:
However, how is it that one ordinance (Clark County registration) is grandfathered and all others are subject to the will of the State Legislature?

Sec. 5. A board of county commissioners, governing body of a city and town board in a county whose population is 400,000 or more shall amend any ordinance or regulation adopted by that body before June 13, 1989, that does not conform with the provisions of NRS 244.364, as amended by section 1 of this act, NRS 268.418, as amended by section 2 of this act or NRS 269.222, as amended by section 3 of this act, as applicable, by January 1, 2008. Any ordinance or regulation that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law.

It is my understanding that the registration ordinance was amended to be in compliance with this statute, therefore legal under state law, unconstitutional, but "legal".

This was a bone that was thrown to Clark Co. LE so that the bill could be passed. It is being worked on to be done away with.
 
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