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Thread: OCed at the DMV on N. Decatur

  1. #1
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    About 2 weeks ago I went to the Department of Motor Vehicles on North Decatur to get a new drivers license and reregister my motorcycle. I OCed my Glock 17 that morning because its one of my favorite firrearms. There were about 40 people at the DMV that morning, including employees, and no one said one word about my pistol. All the employees that I delt with that morning were very helpful, polite, and curtious. My consern is, legally speaking, was I allowed to carry at the DMV? I know I can't carry in a federal building, but I think of the DMV as a state agency. Am I wrong? Any thoughts, opinions? I would love to here them.

  2. #2
    inNV
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    I think the way the law is you were fine. The only carry method that is mentioned in the statutes is CC, which says you cannot carry if their is a metal detector ar the door, or if it is posted. Being a state building, I would not carry in it if it was posted. If it wasn't, go for it. The state is silent on OC, so where ever you can CC, you can OC.

    Maybe someone has a better answer.

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    There are no signs at the front entrance and no metal detectors.

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    inNV
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    Then I think you were good. If you weren't, they probably would have told you to leave. There was security there I assume?

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    inNV wrote:
    Then I think you were good. If you weren't, they probably would have told you to leave. There was security there I assume?
    Normally security is there, but I don't remember seeing any that day.

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    IANAL but from what I can tell NRS 218.542 is the only law against COMPLETE firearm possession in a state building, and that prohibition is only the state legislature or an alternate location where the legislature is conducting business.

    NRS 202.3763 applies to concealed carry stating concealed weapons aren't permitted in a public building with a metal detector, but is silent on NON-concealed weapons.

    I wonder what would happen if they asked you to disarm or leave, and your response wasn't one of disobedience but rather...

    "I do not consent, but I will disarm if you say I have to under the law. I don't believe I am legally required to disarm, nor do I believe you're authorized to require me to do so. Would you please give me your business card and the name of your CO so that I may follow up with a complaint? Actually, do you have a complaint form I may take with me?

    Also ,since you have no metal detectors I don't feel safe knowing someone may have snuck a firearm in without you knowing. Would you mind waiting with me or checking each citizen here to make sure no one else has a weapon?"
    Ahh, day dreams.

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    I have an update on OC at the N. Decatur DMV. OCed there yesterday and was told by security I could not bring a gun inside. I didn't want any trouble so I put it in the truck. Heres the reason I didn't argue with security: the sign in the main entrance has some fine print and it states that the property that the DMV is built on is owned by the Bureau of Land Management. I can only assume then the rules for carrying are the same as, just for an example, Red Rock Canyon: unloaded in your vehicle or CC.

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    Sheepdawg wrote:
    I have an update on OC at the N. Decatur DMV. OCed there yesterday and was told by security I could not bring a gun inside. I didn't want any trouble so I put it in the truck. Heres the reason I didn't argue with security: the sign in the main entrance has some fine print and it states that the property that the DMV is built on is owned by the Bureau of Land Management. I can only assume then the rules for carrying are the same as, just for an example, Red Rock Canyon: unloaded in your vehicle or CC.
    thanks. i need to make a DMV trip soon to give them even more of my hard earned money.

    u still have the 1911's on your arms! :what:

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    yeahYeah wrote:

    u still have the 1911's on your arms! :what:
    Can't disARM those guns!!!

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    I would not OC there, but have CC there several times. I live right down the street.



    AFAIK, It is legal to CC there, as the building is not posted and there are no metal detectors at the entrances.

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    Wheel wrote:
    I would not OC there, but have CC there several times. I live right down the street.



    AFAIK, It is legal to CC there, as the building is not posted and there are no metal detectors at the entrances.
    Be careful, and look closely. I did not see such a sign at my DMV in Reno, but someone pointed it out to me (it was like size 14 font and wedged between two sets of double doors with a bazillion other notices nearby.)

    It's possible you may be slightlysafer in legal terms by OC'ing into government buildings.My personal interpretation of the law would say that the restriction mentioned inNAC 202.020 (Whichclaims all government buildings are off limits) would be invalid since a) it only mentions thatit should be said in a form and its not even a regulation, and b) the state only said they can make regulations to enforce the law, and it doesn't seem to me like any section of the law they are to enforce would involve creating regulations on carry, only the permit process.

    It is true though thatif they can't see it, you are less likely to be hassled in the first place.

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    NAC is the Nevada Administrative Code, and is not the law. The Nevada Revised Statutes will trump the NAC in such as case, becuase the NRS are the actual laws. NRS 202.3673 is the one, and it says:


    NRS 202.3673 Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.

    1. Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.

    2. A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.

    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.

    (b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.

    4. The provisions of paragraph (b) of subsection 3 do not prohibit:

    (a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.

    (b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he is on the premises of a public building.

    (c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.

    (d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

    5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.

    6. As used in this section:

    (a) “Child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.

    (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; or

    (2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

    Ê If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

    (Added to NRS by 1995, 2725; A 1997, 63; 1999, 2767; 2007, 1914)
    That's enough for me.

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    A lil old, I know, but I just wanted to add that by law, EVERY public entrance has to have a sign or metal detector at it. Examine all public entrances before entering a building you're unfamiliar with. Like the Walmart at Charleston and Decatur had a No Firearms sign on ONE of their 3 or 4 public entrances and they use anti-theft detectors, not metal detectors, so legally you can carry there.

    Subparagraph 2 of paragraph 3 of subsection 6 of NRS 202.3673 states that a public building is " The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose."

    No law says the DMV is exception from CC (and thus OC)

    You were perfectly legal in carrying in there, and they cannot disarm you, just ask you to leave. I'd file a complaint.

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    You can carry at Wal Mart or any other store, etc... those are not public buildings. They can have no firearms signs, and metal detectors at every entrance, and it is still legal for you to carry there.



    Wal Mart is not a public building. No need to inspect every entrance.

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    BhmBill wrote:
    <snip>
    You were perfectly legal in carrying in there, and they cannot disarm you, just ask you to leave. I'd file a complaint.
    They can't ask you to leave either. They may ask, but legally the have no authority to demand you leave or to trespass you...

    Now when they call the police after you refuse, your luck may vary. But we have to start somewhere. In NH where I've been hanging out for a few months, you can OC into everywhere but a courthouse. And the NH citizens do. The DMV, state run liquor stores, city hall, police stations, even the state legislature.

    When I get back to Vegas in a few weeks, I'll happily volunteer to OC into the DMV if someone will meet me there and video / audio tape.

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    timf343 wrote:
    BhmBill wrote:
    <snip>
    You were perfectly legal in carrying in there, and they cannot disarm you, just ask you to leave. I'd file a complaint.
    They can't ask you to leave either. They may ask, but legally the have no authority to demand you leave or to trespass you...

    Now when they call the police after you refuse, your luck may vary. But we have to start somewhere. In NH where I've been hanging out for a few months, you can OC into everywhere but a courthouse. And the NH citizens do. The DMV, state run liquor stores, city hall, police stations, even the state legislature.

    When I get back to Vegas in a few weeks, I'll happily volunteer to OC into the DMV if someone will meet me there and video / audio tape.
    I'd be more than happy to accompany you, sir. Feel free to message me to set something up! I'll oc as well

    Billy

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