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Vegas Questions

A

Arizona Traveler

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We're from AZ where we carry everyday but don't have a concealed carry permit. We are planning a trip to Vegas next month and would like to bring a handgun along.

From everything I've read I don't see any problems doing this. We'll be staying at the Mandalay Bay most likely and providing its not illegal we will just put the gun in a holster and put that in a suitcase when entering the hotel.

Any thoughts? Thanks for your information.
 
Felid`Maximus

Felid`Maximus

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I think putting a gun in a suitcase would be carrying a concealed weapon under Nevada law... a class C felony.

According to Attorney General Opinion AG 93-14, http://www.gmj.com/GMJ_AG_93-14.php if you are concealing a firearm on your person or in a container carried directly by you you are carrying a concealed firearm.


According to NRS 202.350:
"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.
Click to expand...

I wouldn't carry a gun in any case for which it was not discernible that it contained a gun.

You might try open carrying in although there is a chance that they may tell you to leave.

(edited to fix link to AG opinion)
 
W

wrightme

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Firearms may be transported for lawful purposes in Nevada. IANAL, but if you further place an unloaded pistol in a locked firearm case, IN your suitcase, that is transportation, and not "carry." Otherwise, if you load up your firearms in a case in the trunk of your car, you were "concealed carry" to the trunk. Thoughts?



If you were to place the pistol in a briefcase and carry it with you while about your business, you would likely be considered to be "concealed carry."
 
W

wayneco

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If it is unloaded and you lock that suitcase you could argue that it was being legally transported, that this is the container in which you are transporting it.

Somewhat different than a traditional "concealed carry" scenario.

I also agree w/geoffw: get that Utah CCW if you reside outside of NV, it's the best thing going for concealed carry in the free west (i.e. everywhere but the PRK) I am an NV resident and carry my NV and UT CCW permits at all times. As long as you are not an NV resident, UT CCW gets you NV no problem. Every Californian should have a UT CCW for when they travel back to America and want to carry legally.
 
Felid`Maximus

Felid`Maximus

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wrightme wrote:
Firearms may be transported for lawful purposes in Nevada.  IANAL, but if you further place an unloaded pistol in a locked firearm case, IN your suitcase, that is transportation, and not "carry."  Otherwise, if you load up your firearms in a case in the trunk of your car, you were "concealed carry" to the trunk.  Thoughts?
Click to expand...

While you may argue that it is transportation and not carry, I think it would not be protected for the same reasons it would be in your car. It is only illegal to carry a gun concealed upon your person, and your car is not upon your person.

According to AG opinion 93-14:
Thus a narrow interpretation of the applicable language of NRS 205.350 is appropriate. People v. Pugach, 204 N.E.2d 176 (N.Y. Ct. App. 1964). A gun discovered in a briefcase being carried by a defendant was "concealed upon the person" and was within a statute proscribing carrying weapons concealed upon the person. A hand gun concealed in a suitcase and carried by a man is sufficiently "upon his person" to constitute a violation under a statute making it a misdemeanor to carry a concealed weapon on the person. People v. Dunn, 132 Cal. Rptr. 921, 922 (Cal. Ct. App. 1976). The phrase "upon the person" means that an article is either in contact with a person, or is carried in the clothing. Commonwealth v.

Linzetti, 97 Pa. Super. 126 (1929). The word "upon" signifies close contact. A loaded revolver underneath a cushion in the rear seat of an automobile on which the defendant was sitting was not "upon the person," so defendant's conduct was not within the meaning of an act prohibiting carrying a deadly weapon concealed "upon the person." Id. Thus the phrases "concealed upon person," "upon his person," and "upon the person" have been interpreted to include weapons that are in contact with the individual or are being carried within a container by an individual.

...


CONCLUSION
It is our opinion that the language of NRS 202.350 would be narrowly construed to include only those concealed weapons which are actually on the person or in a container carried by the person.
Click to expand...

Another thing that is interesting to note is that 202.3653 ( http://www.leg.state.nv.us/NRS/NRS-202.html#NRS202Sec3653 ) says:

As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:

1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.
Click to expand...

which specifically mentions unloaded firearms. That said, this definition applies from 202.3653 to 202.369 which is beyond 202.350, but 202.350 makes no exception for unloaded firearms either.
 
D

doninvegas

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It took me 9 days to get my NV ccw permit...you can get a non resident ccw in Nevada....
What reason would you want to bring a gun from AZ and put it in a suit case ..... if you couldn't carry it or posses it..??? :? the hotels are safe....:)
 
V

VegasGlocKid

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hotels are safe? do you live here? youtube casino shooting and see how many pop up in vegas.

sorry.....i guess your right...the HOTEL is safe....casino..not so much especially when people get drunk and see chips everywhere.
 
W

wrightme

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@felid,
How does one comply at Southwest then?

Firearms must be encased in a hard-sided, LOCKED container that is of sufficient strength to withstand normal handling, as follows:
Click to expand...
  1. A firearm in a hard-sided, locked container may be placed inside a soft-sided, unlocked suitcase.
    Click to expand...
  2. A firearm placed inside a hard-sided, locked suitcase does not have to be encased in a container manufactured for the transportation of firearms.
    Click to expand...
  3. Only the Customer checking the luggage should retain the key or combination to the lock. No exceptions will be made.
    Click to expand...
http://www.southwest.com/travel_center/guns.html

Do you OC to the desk, THEN place the firearm inside the hard-sided, locked container, THEN place it inside a soft-sided, unlocked suitcase?
Or, alternatively, unholster and place it inside a hard-sided, locked suitcase that is not a case specifically for a firearm?

To me, that AG opinion is close to impossible to follow, and was presented much earlier than current. 1993 to be exact.


And, frankly, I am baffled at the reasoning of People v Dunn, except that it was in California.

The "case on point" they speak to is the New York case of People v. Pugach, where the pistol was loaded, in a briefcase. The part that baffles me is that the CA court conflates a loaded firearm in a briefcase, with an unloaded firearm in a suitcase.

And, it appears that People v Dunn would NOT be a broken law after 1986/7 in CA.
http://www.calguns.net/calgunforum/showthread.php?t=163061&highlight=poor+mans+ccw
The relevant section is in exceptions added post Dunn. The AG opinion is flawed, IMHO.
 
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