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Thread: North las vegas OC question

  1. #1
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    Ahoy!
    I've been following the boards here for a few months and I finally wanted to jump in to say hello, and ask a few questions!

    I'm aware that nevada is an open carry state, and would love to do so. Currently I live in north las vegas. It has come to my attention that for some reason there are a lot of rules around OC in north las vegas. From what I understand I need to go down to Metro and get a blue card (which is total BS btw) and register my stuff? Anything else?

    -David

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    Welcome to the forum! In Clark County you have to register your handguns and you can do that at any metro station. North Las Vegas has laws against open carry, but as of the 1st of this year the state has complete preemption. I have been carrying openly for about 5 months and have not had an encounter with LE. Even if you do get arrested for OC in North Las Vegas even a third rate lawyer could get those charges dropped. Same goes for Boulder City and Henderson I believe.

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    I went down to the NLVPD and oh my god those people are idiots.

    When I registered my weapon I simply asked for information on open carry in north las vegas. The woman working there named jennifer asked me what open carry was. I explained to her what it was.
    She then handed me an application for CCW. I said thank you kindly, but that does neither answer my question, or direct me to where i might find the answer. She said that I could not have a loaded weapon in my vehicle or carry the weapon on my person.

    I again asked for a reference, and she could not provide it. I asked if anyone else was around that may know. They brought a gentleman from the back out and I asked him the same question, for a reference on whether or not open carry is legan in north las vegas. he now passed me an application for a CCW. I did the same thing and thanked him for that, but explained that doesn't answer my question. He did not have the answer for me.

    So far, I have two people that have just registered my pistol tell me that they have no idea where to find information on open carry at the Lake Mead police station.

    I ask to speak to the sergeant on duty. He's unavailable.
    I make a phone call to metro police department and explain to them that no one at the north las vegas police department knows there own statutes, and cannot provide me even a reference to where I may find them myself. They operator i'm speaking with places me on hold saying she's going to make a phone call.

    now looking through the window where I just spoke to the two numskulls before I see the phone ring. The two women must be chatting in a confused manner about what nonsense they can tell me to get me to go away. When the woman I'm looking at hangs up, the operator on my end takes me off hold (so i'm pretty much sure there were talking to each other). She tells me the only reference they can provide is online at northlasvegas.com.

    I leave and go the Washburn NLVPD office. Thankfully an officer is at the help window. He's a bit more knowledgeable and offers actual help.
    He explains to me that it is illegal for me to have a firearm in my vehicle unless i'm required to have it when going to my job, or for sport or recreation.

    However as opposed to what the other office told me, open carry in north las vegas is legal. He explains though that if a policeman sees me I will be detained and brought in to find out why i'm carrying. I tell him i'm comfortable with that if i'm not violating the law.

    So i once again get him to break it down.

    -I can't travel with my firearm in my car.
    -Open carry is legal, but i'll be detained if found doing so.

    So basically i have to walk everywhere and dodge the police if i want to open carry.

    Here's the reference:
    http://municipalcodes.lexisnexis.com/codes/nolasvegas/

    (edit: title 9.32)

    I hate NLVPD




  4. #4
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    Everything they told you is wrong.

  5. #5
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    Well I need references.

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    Due to state preemption all local gun laws are void other than discharge laws and registration in Clark County. It is illegal for them to detain you for not violating the law.

    In Nevada you can keep a loaded gun even concealed in your car as long as it isn't concealed on your person and you can open carry without a license.

    You can search through the actual statelaws here:

    http://www.leg.state.nv.us/law1.cfm


    And you can see an explanatorypamphlet with links to the laws here (ctrl+click to open links in a word document):

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

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    So why would these clowns be lying to me

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    ourmanthejoker wrote:
    So why would these clowns be lying to me


    Because they are not versed on the law. And also many LEO feel a civie should not have a firearm at all.

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    Unfortunately what Steve says is often the case.

    By the way, welcome to the forumjoker.

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    Understood, and thank you for the welcomes ;D

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    I was told by my CCW instructor (which was in NLV) that they have no legal foot to stand on, but will bother you about it. The law is still technically on the books in NLV, but like it was already said, it has no bearing anymore. What is needed is for someone to sue and take it to the State Supreme Court and stop this nonsense once and for all. The problem is no one wants to pay all that money for something as trivial.

    I love it when little cities try to think they are bigger than the state they are a part of.

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    I actually just went around OC in north vegas. I got just looks, the only people that stopped and asked about it were some thuggy kids at a gas station. Other than that, buffalo wild wings and walmart on craig road are good ;D

    I feel pretty safe going out late night now. It's liberating.

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    So i'm thinking about writing a letter to the north vegas chief of police. here's just a draft. if you all could lend me a kind eye.

    Gentleman and Chief of Police Joseph K. Forti,


    Most recently I had decided to partake in a liberty that has been god given, and placed into our country’s constitution; the right to bear arms.

    Being a good citizen, I took my pistol down to your station at 1301 East Lake Mead BLVD for registration. I inquired to the woman working about the laws around open carry in North Las Vegas. I was told by two employees at this office that it was illegal to open carry a firearm, and illegal to have a loaded weapon in my car for purposes other than business or recreation (the later having the reference of North Las Vegas municipal code 9.32.080).

    Being Chief of Police, surely you must be aware that this is directly against NRS 268.418 Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 400,000 or more and NRS 244.364 Limited authority to regulate firearms; restrictions concerning registration of certain firearms in county whose population is 400,000 or more.
    Last edited by ourmanthejoker; 08-08-2016 at 01:29 AM.

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    I changed a few things for you. I took out the God given. Although I think it is, in this case we should just keep to the letter of the law and that way it does not look like emotions rule here.





    Chief of Police Joseph K. Forti,

    An introduction, my name is David Anthony Phaup. I have been a North Las Vegas, NV resident for over 15 years now and am a citizen in good standing with my city, state, and country that which I serve proudly in the United States Air Force.

    Most recently I had decided to partake in a liberty that has been placed into our country’s constitution; the right to bear arms.

    I took my pistol down to your station at 1301 East Lake Mead BLVD for registration. I inquired to the woman working about the laws around open carry in North Las Vegas. I was told by two employees at this office that it was illegal to open carry a firearm, and illegal to have a loaded weapon in my car for purposes other than business or recreation (the later having the reference of North Las Vegas municipal code 9.32.080).

    As Chief of Police, surely you must be aware that this is directly against NRS 268.418 Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 400,000 or more and NRS 244.364 Limited authority to regulate firearms; restrictions concerning registration of certain firearms in county whose population is 400,000 or more.

    A response would be greatly appreciated.

    Regards,
    David Anthony Phaup

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    thanks man

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    I think this is a great letter. Maybe we should send it as more a response from all of us? Not really a petition as such but as a group? I know alot of it is personal to your experience but maybe we could tag along at the end of it.

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    Absolutely if you think it would help. Like you said, it was more like informing them (even a warning if you would) than a petition ;D

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    The North Vegas police have an issue with you, when you open carry, even though you are in the Air force ?
    live every day like its your last cause one day you will be right

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    For some reason it's worse when the police stop you and you're in the military. The first thing they do is call up your first sergeant and tell on you, even though you may not have done anything wrong.

    I'm still not sure why they would involve the chain of command.


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    ourmanthejoker wrote:
    For some reason it's worse when the police stop you and you're in the military. The first thing they do is call up your first sergeant and tell on you, even though you may not have done anything wrong.

    I'm still not sure why they would involve the chain of command.
    Because they know how much of a pain in the butt it is for you when your chain of command gets a call from local law enforcement.Because they can't bust you outright and becausethey can't openly harass you for fear of getting in trouble themselves, they just make a call and let someone else do it for them.

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    See North Las Vegas code http://municipalcodes.lexisnexis.com/codes/nolasvegas/

    Specifically:

    Chapter 9.32 WEAPONS GENERALLY http://municipalcodes.lexisnexis.com/codes/nolasvegas/

    AND

    Chapter 9.36 PISTOLS http://municipalcodes.lexisnexis.com/codes/nolasvegas/

    You will (or should) note that most of the code is unlawful in accordance with:
    Taken from http://www.leg.state.nv.us/NRS/NRS-2...l#NRS244Sec364
    NRS 244.364 Limited authority to regulate firearms; restrictions concerning registration of certain firearms in county whose population is 400,000 or more.

    1. Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

    2. A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.

    3. If a board of county commissioners in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the board of county commissioners shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the county before registration of such a firearm is required.

    (b) A period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    4. Except as otherwise provided in subsection 1, as used in this section:

    (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

    (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

    (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

    (Added to NRS by 1989, 652; A 2007, 1289)


    ------------------------------------------------------------
    Taken from http://www.leg.state.nv.us/NRS/NRS-2...l#NRS268Sec418

    NRS 268.418 Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 400,000 or more.

    1. Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no city may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

    2. The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.

    3. If the governing body of a city in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.

    (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    4. Except as otherwise provided in subsection 1, as used in this section:

    (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

    (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

    (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

    (Added to NRS by 1989, 652; A 2007, 1289)


    ------------------------------------------------------------
    Taken from http://www.leg.state.nv.us/NRS/NRS-2...l#NRS269Sec222

    NRS 269.222 Limited authority to regulate firearms; restrictions concerning registration of firearms in town in county whose population is 400,000 or more.

    1. Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no town may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

    2. A town board may proscribe by ordinance or regulation the unsafe discharge of firearms.

    3. If a town board in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the town board shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the town before registration of such a firearm is required.

    (b) A period of at least 72 hours for the registration of a pistol by a resident of the town upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    4. Except as otherwise provided in subsection 1, as used in this section:

    (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

    (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

    (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

    (Added to NRS by 1989, 652; A 2007, 1290)



    ------------------------------------------------------------
    SEE http://www.leg.state.nv.us/Statutes/...200711page1289

    AND THIS IS IMPORTANT:

    ĂŞ2007 Statutes of Nevada, Page 1291ĂŞ

    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.
    However, most juridictions inClark County have REFUSED to acknowledge the above state "preemption" laws.

    The NRA has retained a law firm to investigate and (hopefully) get this matter into court.

    Also see this previous thread on the subject: http://opencarry.mywowbb.com/forum36/6862.html

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    Just so we're clear...it's OK to open carry in NLV and LV. I know NLVPD has a serious chip on their shoulder. They tend to get very,very anal about little things.

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    BigRayBonz wrote:
    Just so we're clear...it's OK to open carry in NLV and LV. I know NLVPD has a serious chip on their shoulder. They tend to get very,very anal about little things.
    As you indicate, exercise due caution.Here is one example of a N Las Vegass ordinance that is NOT (in my opinion) congruent with Nevada state law:

    From: http://municipalcodes.lexisnexis.com/codes/nolasvegas/
    9.32.080 Deadly weapon prohibited in vehicle--Exceptions.
    It is unlawful for any person to have in his possession in any automobile, truck, motorcycle, or any other type of vehicle any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation. (Ord. 596 § 1, 1978: prior code § 7.22.070)

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    That is one of the laws that a LT at the Washburn office quoted for me.

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    And, in my opinion, this ordinance is null and void due to the NRS quoted above!

    This issue is being considered/investigated by the NRA.

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