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Thread: NAC 202.220 (Regulation, Concealed Carry)

  1. #1
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    For the purposes of clarifying the pamphlet, I'm wondering about this.

    NAC 202.020says that:

    "... the application form for a permit to carry a concealed firearm must contain the following sections, which must be in substantially the following form:


    GENERAL INFORMATION


    ...

    Except as otherwise provided in NRS 202.265 and subsections 2 and 3 of NRS 202.3673, a permittee shall not carry a concealed firearm into:

    1. Any facility of a law enforcement agency;

    2. A prison, county or city jail or detention facility;

    3. A courthouse or courtroom;

    4. Any facility of a public or private school;

    5. Any facility of a vocational or technical school, or of the Nevada System of Higher Education;

    6. Any other building owned or occupied by the Federal Government, the State or a local government; or

    7. Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.

    ...

    "
    NRS 202.369, which authorized the "department" to adopt regulations says that

    The Department may adopt such regulations as are necessary to carry out the provisions of NRS 202.3653 to 202.369, inclusive.
    Now, to me, that only sounds like they have the authority to make regulations in order to enforce that section of code, and they aren't given authority to add to the list that is part of NRS 202.3673.



    Also, the format of NAC 202.020appears to me that it is only saying that this must be included as INFORMATION on an APPLICATION FORMand the information on that form says that those places are off limits, but the regulation itself does not appear to me to actually make those places off limits.

    It seems to be saying, "Hey we're going to lie to you and tell you government buildings are off limits to CCW in hopes that we can fool you into submission when you read the application, but really there is no regulation or law that actually says that."

    Do you think those places listed (all government buildings) in NAC 202.020 are really off-limits to CCWper this regulation, or do you think the regulation really just serves to lie to CCW applicants?



  2. #2
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    I'm not sure I understand the issue.

    Are you saying the NAC is more restrictive than the NRS?

    I'm thinking the NAC cannot be more restrictive than the NRS.


  3. #3
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    Yes, the informationin theNAC claims that all government buildings are off-limits to concealed carry, whereas the NRS says all government buildings are allowed unless they have ametal detector or a sign or are schools, universities, etc.

    The NAC also mentions law-enforcement buildings, and a wide variety of other buildings by name which the NRS makes no mention of.

    That is, if this NAC is attempting to actually make those places off limits and doesn't intend just to tell people they are when they aren't. This particular code is supposedly about information that should be on a CCW application.


  4. #4
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    Good point.
    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 should be pointed out to the drafters of the NAC - which, I think, is the NV Dept of Public Safety.

    -----------------------

    Similarly, I pointed out the following:

    A cursory review ofNAC 202 as posted at http://www.leg.state.nv.us/NAC/NAC-202.htmlreveals parts are out of date, unlawful and unenforceable.

    For example:

    (1) "The sheriff shall issue or renew a permit to carry a concealed firearm for no more than two specific firearms ..." is out of date.

    NRS 202 (prevailing law) states: "the sheriff shall issue a permit for revolvers, one or more specific semiautomatic firearms, or for revolvers and one or more specific semiautomatic firearms..."

    (2) "Provide the following information concerning each firearm to which the application pertains:
    Make...........

    Model .........

    Caliber......... "

    The above requirement was replaced (NRS 202, prevailing law) with:

    "Make, model and caliber of each authorized semiautomatic firearm, if any..........

    Revolvers authorized........... Yes....... No.....

    --------------

    The above NAC must be changed/amended. There may be more inaccuracies.

    Sincerely,

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