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Thread: OC in Vegas?

  1. #1
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    I live in Ca Im going to visit my sister in vegas where she lives, I want to OC
    What areas are restricted from OC?
    Is 1000 ft rule applies from schools like in CA?

    Can i have the gun loaded?

    Also like to take my AR-15 what are the rules for this gun?
    Loaded ? Unloaded?
    Have to have it in trunk or inside the car?
    can i carry it on the street unloaded?

    thx

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    wolfeinstein wrote:
    I live in Ca Im going to visit my sister in vegas where she lives, I want to OC
    What areas are restricted from OC?
    Is 1000 ft rule applies from schools like in CA?
    State law preempts all local gun law, therefore it is legal in all areas of Nevada according to state law. However, Clark Co. and the state AG office have different views. This is being looked into by the NRA and legal counsel. OC may open you to harassment in Clark Co. Legal or not, it's the way it is right now. Let's hope that it gets straightened out soon.
    Can i have the gun loaded?

    Yes.
    Also like to take my AR-15 what are the rules for this gun?
    Loaded ? Unloaded?
    Have to have it in trunk or inside the car?

    Long guns must be transported unloaded. This is a game law, no hunting from roadways. You can carry it where ever you want in the vehicle, as long as it is unloaded.
    can i carry it on the street unloaded?
    Are you talking about to and from the car? Sure! Up and down the street just wandering around, might make some people nervous.

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    Also like to take my AR-15 what are the rules for this gun?
    Loaded ? Unloaded?
    Have to have it in trunk or inside the car?
    Long guns must be transported unloaded. This is a game law, no hunting from roadways. You can carry it where ever you want in the vehicle, as long as it is unloaded.
    BUT the statement above is somewhat misleading; see the LAW: http://www.leg.state.nv.us/NRS/NRS-5...l#NRS503Sec165
    NRS 503.165 Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions.
    1. It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.

    2. A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.

    3. The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.

    (Added to NRS by 1969, 1367; A 1971, 1542; 1981, 321; 1987, 596)

  5. #5
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    Ok So from my understanding!

    I can have a handgun loaded meaning loaded mag. in gun? or loaded mag. in gun and bullet in chamber?

    Can have rifle in car loaded mag in rifle but not in chamber!

    Do i have to have rifle (AR-15) in a locked cointainer if i have it inside my car?

    So no open carry in Clark County or in North Las Vegas?

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    Handguns may be in a vehicle even with the chamber loaded. You can have it loaded and walk around on the streets in Nevada as long as it is in plain sight.

    In your vehicle a gun can be concealed anywhere except on your person, but on foot it must be discernible. If it is concealed on your person or in a container carried by you it is a class C felony.

    "Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
    Your long guns do not need to be in a case. Your rifles must not have a chambered round, but they may have a loaded mag.

    You can open carry in Clark County. The state legislature made a law that was supposed to make local laws invalid. Right now we have this problem where our attorney general says that the law doesn't mean anything and localities can ban firearms. Check local ordinances, especially city ordinances.

    I know that North Las Vegas prohibits firearms in vehicles, so if you consider the misinterpretation of the Nevada AG to carry any weight, the only way you could have a firearm in your vehicle in NLV is as permitted by the federal law. See: [url=http://www4.law.cornell.edu/uscode/18/usc_sec_18_00000926---A000-.html]Title 18 U.S.C. 926

    That is, if you consider the Attorney General's opinion to count.

    Also, there is no law in Nevada prohibiting guns in school zones, unlike California (although you may not "loiter" 'near' a school with weapons per NRS 393.410. Near is not defined)

    Federal law in Title 18 U.S.C. Section 922, (Q), however states that
    "It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone. "
    and similar to the CA law, a school zone under federal law is 1000 feet from the school.

    In 1996, in United States vs. Lopez, the original act was considered an unconstitutional extension of the commerce clause and thus was voided. It didn't contain the "that has moved in or that otherwise affects interstate or foreign commerce" part but otherwise was identical to the current law. In my opinion that doesn't make it any more constitutional under the commerce clause and although they declare that all guns have moved through commerce, I think it would be a stretch to say that it affects commerce at all. As far as I know, nobody has been prosecuted under the federal law since the Lopez case, but if convicted it would be a harsh felony penalty.

    If you aren't knowingly possessing a gun that has moved in commerce or affects it, and don't have reasonable cause to know that you are in a school zone then I guess you could be okay too.

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    wolfeinstein wrote:
    Ok So from my understanding!

    I can have a handgun loaded meaning loaded mag. in gun? or loaded mag. in gun and bullet in chamber?

    Can have rifle in car loaded mag in rifle but not in chamber!

    Do i have to have rifle (AR-15) in a locked cointainer if i have it inside my car?

    So no open carry in Clark County or in North Las Vegas?
    #1. Bullet in chamber.

    #2. Yes.

    #3. No.

    #4. By state law yes, according to certain LE in Clark Co. and Nv. AG office, no.

    In 2007 the State Legislature passed state preemption which allows only the State Legislature to regulate firearms. The only local restriction grandfathered was the gun registration in Clark Co.

    Clark Co., and a few of the cities in the county think that they do not have to obey state law and still enforce their local restrictions in violation of state law. The Nv. AG office has recently agreed with them. This is being worked on currently with the NRA and legal counsel.

    It would appear that when some people get a law degree it affects their ability to understand plain English. When a high school graduate reads "Only the state can make the rules.",they understand that the rules are made by the state alone. When certain lawyers read "Only the state canmake the rules.", they understand it to mean that anyone at any level can make rules as they see fit.







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    What is the legality regarding open carrying rifles in Clark County? An AR-15 on a one point tac-sling, for example.

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    Productive element of society wrote:
    What is the legality regarding open carrying rifles in Clark County?* An AR-15 on a one point tac-sling, for example.
    Supposedly, due to state preemption laws, it should be legal open carry a rifle anywhere in the state where one could open carry a handgun. However, in your vehicle, the chamber of your rifle cannot be loaded due to a hunting law. On foot it can be.

    The Attorney General however insists that local laws still apply. If you believe her, check local laws.

  10. #10
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    Thank you.

    I am having trouble finding specifics in local laws. Most laws seemed more oriented toward handguns.

  11. #11
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    One example that I know of is:

    North Las Vegas Municipal Code 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)
    If the AG was right, that would apply, but Title 18 U.S.C. 926A is somewhat helpful.
    http://www4.law.cornell.edu/uscode/1...6---A000-.html

    I'm not sure exactly what other local laws may exist. Here might be a good start if you want to know: http://www.municode.com/resources/co...asp?stateID=28

  12. #12
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    Productive element of society wrote:
    What is the legality regarding open carrying rifles in Clark County? An AR-15 on a one point tac-sling, for example.
    Wow. Can't see any logical reason for that in the city. I'm all for our rights, but you're aski- BEGGING for confrontation if you want to walk the streets like you're in Felluga Iraq.


    Now, out in the sticks, carry your AR. Go for it, have fun, get a 'yote for me.

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