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Some help please

Singlestack

Regular Member
Joined
Jul 9, 2008
Messages
24
Location
Tooele, Utah, Utah, USA
imported post

Here in a few short weeks, I will be traveling to LV from Utah. I heard just recently that NV is honoring reprocity with Utah CCW's. I was wondering if any of y'all folks from Nevada could give me a quick " hey stupid " these are the laws regarding CCW'ing in Nevada, where it's legal to carry, where it's not, etc etc. My final destination is Planet Hollywood Casino.

I'd appreciate any and all postive comments/suggestions anyone may have. The last thing I need is to become a resident of Clark County Jails and the LVMPD.
 

bobernet

Founder's Club Member
Joined
Jul 25, 2007
Messages
333
Location
Henderson, Nevada, USA
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It's legal everywhere except:

Airport
"Public" buildings (government buildings) with signs at every entrance prohibiting carry, or metal detectors at every entrance.
Schools and Universities (and buildings owned by them, e.g. administrative offices)

That's it. OC is legal too, so no worries about "printing."

Be discreet in casinos. If they see your weapon, they'll most likely ask you to disarm or leave.

No Guns signs on private businesses do not carry the force of law. Leave if asked or be cited for trespassing.

Bars/restaurants with alcohol are fine.
 

Felid`Maximus

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

Keep in mind your blood alcohol content must be less than .10 to possess a firearm.




I've got a pamphlet here which describes virtually all the relevant gun laws for carrying a firearm in NV. It has links to the specific laws if you want to read them yourself. (In microsoft word you need to hold down control in order for links to work) Its focus is open carry, but the only difference is that with a concealed carry permit you can conceal it on your person legally (including while in a car)


http://opencarry.mywowbb.com/forum36/12253.html
 

Singlestack

Regular Member
Joined
Jul 9, 2008
Messages
24
Location
Tooele, Utah, Utah, USA
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I appreciate each of every one of y'alls input. Every trip I've taken to Nevada has been pleasant, but usually starts will a pull over in Mesquite for A) gas and B) to unload my gun ( until just recently that is ). Thank you Nevada Legislature. Y'all have been very helpful with your comments. Again.. thank you from the bottom of my heart, for both me and my kin.
 

4armed Architect

Regular Member
Joined
Jun 14, 2008
Messages
149
Location
L.A. County, California, USA
imported post

bobernet wrote:
It's legal everywhere except:

Airport
"Public" buildings (government buildings) with signs at every entrance prohibiting carry, or metal detectors at every entrance.
Schools and Universities (and buildings owned by them, e.g. administrative offices)

That's it. OC is legal too, so no worries about "printing."

Be discreet in casinos. If they see your weapon, they'll most likely ask you to disarm or leave.

No Guns signs on private businesses do not carry the force of law. Leave if asked or be cited for trespassing.

Bars/restaurants with alcohol are fine.
I'm from CA(yeah, I know...) and will be visiting for 5 days in Sept. I do not have a Nev. CCW. I wish to bring a handgun to my casino hotel room(which has in-room safes). I do not want to open carry thru the casino. It seems that the Nev. laws seem to indicate that I can not even transport, from my car, into my hotel room, a handgun even if unloaded, and locked in a container in my suitcase.

What am I missing? How could I legally transport my handgun from vehicle to hotel room(thru the casino) if the casino would not allow open carry and locked-up(not visible) is not legal? How do those who bring their gun to qualify for the NV CCW permit get their gun from their hotel(casino) to the training centers without open carrying? I'm guessing the hotel on the Strip will not allow me to open carry thru their casino/check-in/check-out. Thanks for any enlightenment you can provide.
 

bobernet

Founder's Club Member
Joined
Jul 25, 2007
Messages
333
Location
Henderson, Nevada, USA
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Code:
NRS 202.3653 Definitions. As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:   

1. “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.

"...upon a person..." is the operative phrase. An unloaded gun in a gun case is not considered concealed. Purses are a gray area depending on whether they're considered part of a person's clothing. Bags, suitcases, gun cases, briefcases, etc are not considered "upon a person."
 

4armed Architect

Regular Member
Joined
Jun 14, 2008
Messages
149
Location
L.A. County, California, USA
imported post

bobernet wrote:
Code:
NRS  202.3653 Definitions. As used in NRS 202.3653 to 202.369,  inclusive, unless the context otherwise requires:   

1. “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.

"...upon a person..." is the operative phrase. An unloaded gun in a gun case is not considered concealed. Purses are a gray area depending on whether they're considered part of a person's clothing. Bags, suitcases, gun cases, briefcases, etc are not considered "upon a person."

Thanks, bobernet. I'm still a bit concerned when I read this segment in the Nev.(Open) Carry Pamphlet from Field Maximus:

[line]Also, according to Attorney General Opinion AG 93-14, a weapon is concealed only if it is hidden on a person (such as under a jacket) or if it is in a container that is being carried by that person. If a gun is in a briefcase and that briefcase is in one’s hand, then that person is carrying a concealed weapon. But if that briefcase is on the floor nearby then that person is not carrying a concealed weapon.
[line] [/b]
[font="Arial, Helvetica, sans-serif"] OPINION NO. 93-14 CRIMINAL LAW; FIREARMS; WEAPONS: The language of NRS 205.350 would be narrowly construed to include only those concealed weapons which are actually on the person or in a container carried by the person. [/b][/font]
[/b] [font="Arial, Helvetica, sans-serif"] Carson City, June 21, 1993...
(snip)
[/b][/font]

[font="Arial, Helvetica, sans-serif"]...To violate a statute prohibiting carrying firearms "concealed on or about the person," the weapon must be actually concealed on the person or in such close proximity that it can be readily used as though on the person, without appreciable change in his position. See People v. Liss, 94 N.E.2d 320, 322-23 (Ill. 1950).[/b][/font]
[/b]
[font="Arial, Helvetica, sans-serif"]CONCLUSION [/b][/font] [/b][font="Arial, Helvetica, sans-serif"]It is our opinion that the language of NRS 202.350 would be narrowly construed to include only those concealed weapons which are actually on the person or in a container carried by the person.
[line]
[/b][/font]
If I'm pulling my wheeled suitcase along, it's in my hand which could be a problem. However, per the AG Opinion cited above, perhaps the fact that if unloaded, in a locked container, at the bottom of my suitcase, it cannot be "readily used"(without a lot of steps and actions) and that would make it legal to transport(somewhat different than "carrying").
[font="Arial, Helvetica, sans-serif"]

Note: For clarity, I added the bold/italics lettering in the text portion of the AG Opinion.

[/b][/font]Still seems a bit gray to me, but, I think I'll be OK . Thanks for any and all help on this.
 

bobernet

Founder's Club Member
Joined
Jul 25, 2007
Messages
333
Location
Henderson, Nevada, USA
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Always remember legislative intent when interpreting law.

The purpose is not to have it concealed and immediately ready for use. In a gun case in a suitcase is not ready for use by anyone's definition.

Even if in some blue moon scenario, someone found out, and they called metro, and you were arrested, and the DA charged you, and you were indicted, and it went to trial, and a jury convicted you... *sigh*

The "law as interpreted" at that point would be clearly unconstitutional.
 

Felid`Maximus

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

4armed Architect wrote:
What am I missing? How could I legally transport my handgun from vehicle to hotel room(thru the casino) if the casino would not allow open carry and locked-up(not visible) is not legal? How do those who bring their gun to qualify for the NV CCW permit get their gun from their hotel(casino) to the training centers without open carrying? I'm guessing the hotel on the Strip will not allow me to open carry thru their casino/check-in/check-out. Thanks for any enlightenment you can provide.



Well, if the casino is dog friendly, you could put the gun in a belly bag around your dog, and per the AG opinion I would think you could be okay! It wouldn't be on your person or in a container carried by the person. (Be sure the dog is on foot and not being carried by you!)

Andyour dog cannotbe prosecuted under NRS 202.350 since it only says "A person within this state may not..." And I don't think a dog is a person.

But then, if the dog is on a leash... hmm...

Sorry for not being enlightening. Just kidding around.

If the law was taken to the extreme, everyone who has ever bought a gun at a gun store would becommitting a felonywhen they bring itto their car inthe caseit came in. So I doubt you'd actually be stopped for having it in a gun case. If one was really worried about it I suppose theycould leave it in a car but I wouldn't want to do that.
 

timf343

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

Compares with the notion of whether you're concealing while carrying your newly purchased firearm from the store in its case....or when carrying your firearm in a case into the range or to go hunting. IANAL but I would think that legislative intent is not to criminalize the carrying of a firearm to/from your dwelling if otherwise possessed legally.

One might be able to argue that since it is not (or rather should not) be illegal to transport your firearm to/from your dwelling while "concealed" within its case, that would apply to anywhere you are legally occupying, including your hotel room, apartment, home, etc.

IANAL and YMMV, but my suggestion would be that if you do not OC in the casino, you do it under the assumption you are legally carrying in your case, but do so quietly.

Another option, unless having the firearm in your hotel room is important, is that most hotel security will "check" your weapon for you, so you could easily check it in/out as you enter/leave the property. OC to/from the security desk, and if stopped, explain you're on the way to check it in.

Here's a thought...

You leave your firearm in the car while you're checking in, sign the receipt/contract/agreement (that I would be willing to wager says nothing about firearms prohibited), get your key, now a guest of the hotel, return to your car, holster your firearm and return inside the property whether they could legally kick you out? It IS private property, but you're now a "resident" so to speak, making it much more difficult to require you to leave. You're not breaking any laws, so I would think they have nothing to stand on... And asking you to conceal would be asking you to break the law. Someone familiar with innkeeper laws should be asked... Interesting...
 
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