North las vegas OC question

Taken from http://www.leg.state.nv.us/NRS/NRS-244.html#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)


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Taken from http://www.leg.state.nv.us/NRS/NRS-268.html#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)


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Taken from http://www.leg.state.nv.us/NRS/NRS-269.html#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)



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SEE http://www.leg.state.nv.us/Statutes/74th/Stats200711.html#Stats200711page1289

AND THIS IS IMPORTANT:

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.

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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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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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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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Is there some more info on the work the NRA is doing? Is it listed on the website or someplace where we can keep track of it?

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North Las Vegas has an ordinance ref carry in your car, but once out of the car open carry is perfectly legal (no ordinance against it). I understand your preemption argument but find me the ordinance against it.....

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Notwithstanding the fairly new preemption statute, NLV does not have an ordinance regulating carry outside your vehicle...... Can you find one?

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9.32.050 Person with concealed weapon not to loiter. It is unlawful for any person, while carrying concealed upon his person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk or alley, or to wander about from place to place with no lawful business thereby to perform, or to hide, lurk, or loiter upon or about the premises of another. It is unlawful for any person who has concealed upon his person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort. (Prior code § 7.22.050)

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9.32.120 Air rifle or pellet gun restricted. It is unlawful for any person to use an air rifle or pellet gun within five hundred (500) feet of any inhabited dwelling in the city of North Las Vegas. (Prior code § 7.22.120)

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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

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Count wrote:

Notwithstanding the fairly new preemption statute, NLV does not have an ordinance regulating carry outside your vehicle...... Can you find one?

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Yup.

http://municipalcodes.lexisnexis.com/codes/nolasvegas/index.htm

9.32.050 Person with concealed weapon not to loiter. It is unlawful for any person, while carrying concealed upon his person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk or alley, or to wander about from place to place with no lawful business thereby to perform, or to hide, lurk, or loiter upon or about the premises of another. It is unlawful for any person who has concealed upon his person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort. (Prior code § 7.22.050)

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This is indirectly regulating possession of concealed weapons. If you have a concealed weapon, you can't loiter, so basically, no weapons in the area unless you have a damn good reason for being there. If you're just waiting around for a friend/family member to show up and give you a ride, you'd be in violation.

Also, it's making it illegal to conceal carry in a bar/liquor store/casino/"any other place of public resort".

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Concealed carry without a license is already illegal. State law covers that. I was referring to Open carry outside your vehicle.

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