Clark County Rules

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So I'm not just new to Clark County (Nevada in general really) but also to Open Carry. I grew up in Utah where you'd think OC is all the rage being as it's such a conservative state but my dad was arrested and thrown in prison for over a year because he was carrying a 6 shooter in a holster on his hip on our farm while doing chores. That was 15 years ago.

So now here I am hearing that OC is legal in Nevada but that there are some restrictions in Clark County. If anyone has seen the worst of what an OC Civil Rights battle can do to a family I'd be on the top 10 list after spending 3 years in court rooms with my dad but I'm not going to let crap like that intimidate me out of exercising my rights! I just need someone to tell me, in clear "dumb-blond" terms what those rights are. So here I am in Henderson, NV. Can I OC? Do I need a permit? Can I buy a firearm from my sister or do I have to go to a gun store? Where can I go with my gun and where am I limited? Will I be thrown out of Wal-Mart? Will my gun be taken away at the local Sushi bar?

Can anyone help me with these questions?

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Welcome to the forum.

The only thing difficult about Clark County is that residents must register their handguns. Non-residents can be in Clark County for 60 days before this is necessary.

You do not need a permit to carry openly. You do need one to carry concealed. You can buy a firearm from your sister but if it is a handgun you will need to get it registered to you. I'm sure others from Clark County will be happy to fill you in with the details on that. I'm from Reno so I do not know all of the specifics.

Check out this pamphlet : http://opencarry.mywowbb.com/forum36/12253.html

It answers many of your questions about where one can carry and provides links to the actual wording of the law.

Walmart has a corporate policy that is to allow open carry if the state allows it. It is still possible you might be asked to leave Walmart and other stores. I have been asked to leave a few stores, but not Walmart. If asked to leave you must leave or you could be cited for trespassing.

You must have a Blood Alcohol level less than .08 to carry.

Nobody can legally take your gun from you if you are legally carrying. If an officer asks for your gun I would tell them that I do not consent to the seizure.

Nevada has preemption laws that are designed to make local laws void, however lately the attorney general seems to think they don't apply. I'm no expert on Clark County but the main thing that comes to mind is that North Las Vegas municipal code says no deadly weapons in vehicles.

I have been confronted by law enforcement a few times in Reno but they have never charged me with any crime. Be sure to have a good understanding of the law so that if an officer questions you can respond with confidence.

Definitely, you should look through the Nevada Revised statutes yourself and come to your own conclusions about the law. That is the best way to understand the law.

I don't know what the deal is in Utah but that sounds pretty severe. I know Utah basically says that without a permit a gun must be two actions from firing. That sounds pretty harsh.

I'm not a lawyer and nothing I said shall be construed as legal advice. There are many things to know about the law which I haven't covered in this post.
You can search through Nevada laws here:
http://www.leg.state.nv.us/law1.cfm

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Thank you for the reply. In response to the Utah thing, what was done to my father was not done legally and there were extenuating circumstances. For example we were new to the rural community and had moved in from one of the larger cities farther north into a cart-n-pony town called Virgin where outsiders were generally unwelcome. We'd been in the area for about three months and it was my father's first time wearing a firearm on his hip due to a spotting of coyote's at the bottom of the foaling pasture where two of our mares were due any day and he was worried about them.

The old hag/bizzotch of a neighbor who liked to shoot our dog with a pellet gun any time he got too close to the fence between our farm and hers had a personal issue with our entire family for the simple fact that my dad's purchase and developement of the land adjacent to her farm was responsible for the denial of her request from the city council to deem the dirt path leading to her farm (and now ours as well) as a "private road" named after her late husband. She wanted to put a gate across it with a lock and the city said "You can't you have neighbors now".

She called 911 and made the claim that my dad was waving the gun in the air like a crazy man and shoving it down the front of his pants ... she'd seen far too many movies - a 6-shooter in the front of your pants is ALWAYS a bad idea, IF it will even fit!

15 years ago was events like Ruby Ridge, Waco Texas and the Montana Freemen were still an occasional topic of conversation and the neighboring town housed the local Skin-head-to-fame Johnny Bangerter so the county determined to make an example out of my dad to prove a point.

The arresting officers charged him with carrying a concealed weapon despite testifying that they immediately saw the gun in the holster upon arriving to the property and two accounts of aggrivated assault because he took the gun out of the holster and laid it on the ground when they asked him to.

Three years in court, a psych eval in the state prison, a year in county, six public defenders and 6 more years in apellate court later he won his appeal before the Utah Supreme Court

Small towns suck.

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Felid`Maximus wrote:

You must have a Blood Alcohol level less than .08 to carry.

Click to expand...

Sorry to be picky but the limit is 0.10, not 0.08 as you stated.

Ken

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Ken is right. NRS 202.257 for reference.

In NV it's actually possible to be carrying a firearm and driving your vehicle and get a DUI but not be guilty of possession of a firearm while intoxicated. A 0.09 would be DUI but not CUI (carrying under the influence).

Not that I advocate alcohol + guns....

But it's ironic that the joint resolution regarding state sovereignty specifically mentions that the people (thru the legislature) disapprove of any federal law requiring a state law as a condition of receiving federal funding as unconstitutional.

If you read NRS 484.379 (DUI law), you'll see TWO nearly identical laws. One states the DUI law is 0.08 but it expires upon repeal of the federal law requiring 0.08 to receive highway funding, the other states the DUI law is 0.10 upon repeal of the federal requirement. I wonder how the resolution plays to this as the people of NV now consider the 0.08 requirement unconstitutional.

Clearly the legislative intent is that 0.10 is intoxicated but 0.08 is not, thus the 0.10 gun possession law.

But save yourself the hassle and if you plan to drink, get yourself a designated driver AND a designated carrier.

Tim

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CowboyKen wrote:

Felid`Maximus wrote:

You must have a Blood Alcohol level less than .08 to carry.

Click to expand...

Sorry to be picky but the limit is 0.10, not 0.08 as you stated.

Ken

Click to expand...

You're right! I just had a brain fart!

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Welcome to the area and the forum. I live in North Las Vegas. So far, I've OC'd in Wal-Mart, Smiths, Office Max and Home Depot. There hasn't been a single word of negativity or concern. I'm still concerned with the city ordinance about "deadly weapons in a vehicle". But how else is one to get around? Like Felid said, get very aquainted with the NRS.Knowledge of the lawsisyourmost powerful ally.

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Well, I am new to Vegas as well (just moved here from Phoenix, AZ). I open carried many times in AZ and has never had a single issue. I've been hearing rumors about open carriers not being treated nicely by local LEO's, so I've been apprehensive about trying it. However, I think I'd feel a lot better about doing it in a group, so maybe we could test the waters with a Wally-mart trip or even try grabbing some sushi Drop me a PM if you ever feel up to it

Oh yeah, I'm in Hederson too!

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I have OC'd everywhere since I returned here on Wednesday. No hassle whatsoever. It's even more lenient than Arizona because you can carry into bars and/or restaurants with alcohol without a problem. You can even drink (which I don't recommend alcohol + guns, but 1 shouldn't hurt). If you're OK to drive, you're OK to carry (per NRS 202.257, which states the limit at 0.10 BAC).

I'm headed down to First Friday tonight with my wife and some friends. I'll be OC'ing, or trying. I will not be carrying ID on purpose, in case the police stop me. If I'm forced to conceal, I'll take my wallet out of my wife's purse But only if required by the event manager, not the police.

Tim

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Sorry, for those who don't know, or are new to town, First Friday:

http://www.firstfriday-lasvegas.org/index.html

It's a huge block party on the first friday of each month from 6-10PM. Lots of artists of varying specialties (ice sculptors, fire eaters, fortune tellers, painters, metal work, etc) with plenty of antique shops and cool little shops.

Lots of fun!