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LV "nuisance" law aimed at OC?

timf343

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There are two applicable definitions:

NRS 202.253:

3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

NRS 202.350:

8.(a) “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.

Also NRS 202.3653 (very similar to 202.350):

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.
 

TBJ

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timf343 wrote:
There are two applicable definitions:

NRS 202.253:

3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

NRS 202.350:

8.(a) “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.

Also NRS 202.3653 (very similar to 202.350):

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.
So, OK, that's the law. But how is it interpreted? I could argue that if a LEO is standing by the driver's window, on my left, and the gun is on my right hip, then it is not discernible by ordinary observation, as he'd have to walk around the car and look at me from the other side - and that might be hard too if there's a passenger.

Do the LEOs, as a matter of normal routine, take that approach or are they more common sense about it?

Sorry if I am being a bit pedantic, but I don't want to be the test case!
 

varminter22

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TBJ wrote:
So, OK, that's the law. But how is it interpreted? I could argue that if a LEO is standing by the driver's window, on my left, and the gun is on my right hip, then it is not discernible by ordinary observation, as he'd have to walk around the car and look at me from the other side - and that might be hard too if there's a passenger.

Do the LEOs, as a matter of normal routine, take that approach or are they more common sense about it?

Sorry if I am being a bit pedantic, but I don't want to be the test case!

Methinks your worries are unfounded.

Open carry is open carry and is easily discernable.

This "what if" could go on and on. "What if I'm standing in line to buy a sandwich and an LEO approaches from my weak side?" Lets not get carried away!

Just be "smart" and inform any stopping officer that you are lawfully openly carrying on the hip he cannot see at the moment.
 

timf343

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They're good questions. I'm not aware of any case law specifically.

If I'm OCing in my home, is my weapon concealed from everyone because they can't see into my house?

If I'm standing in line to pay for groceries, is my weapon concealed from the cashier because there's a cart full of groceries between his eye and my hip?

I'm making no effort to hide or conceal my weapon by sitting in my car or attaching my seat belt.

IANAL but I believe a reasonable understanding and application of this law is that if you can see my whole person, you should be able to see my gun. If you can't see my whole person, I'm not concealing my weapon, it is simply obscured by other things (which are also obscuring your view of my person). I think a generally held understanding is that it must be concealed by something you are WEARING (shirt, pants, etc) or CARRYING (such as a backpack or briefcase).

Tim
 

TBJ

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Methinks your worries are unfounded.

Open carry is open carry and is easily discernable.

This "what if" could go on and on. "What if I'm standing in line to buy a sandwich and an LEO approaches from my weak side?" Lets not get carried away!

Just be "smart" and inform any stopping officer that you are lawfully openly carrying on the hip he cannot see at the moment.
OK, so used to LEO's in California interpreting the laws in a negative way, I guess I'm over cautious. We can be, and are, accused of concealed carry if an article of clothing momentarily blows over just the tip of our weapon. Sounds as if they take a more common sense approach over there (not surprising).

Thanks for the input. Watch out for a gold-colored Highlander coming your way in less than three weeks!
 

bobernet

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I recognize the specific language, and know the "Deputy" quoted here. He is actually retired, and teaches the class at The Gun Store on Tropicana here in Las Vegas.

He has been spouting the same anti-OC garbage about being thrown face down on the hot pavement for years. He's full of crap, and LVMPD has recently published mandatory training for all officers that specifically undermines his allegation that Metro will charge someone with "public nuisance" as a trumped-up way of confiscating their firearm.

Talking to him doesn't do any good. He's an older gentleman with a JBT mindset. He's beyond convincing.
 

wrightme

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bobernet wrote:
I recognize the specific language, and know the "Deputy" quoted here. He is actually retired, and teaches the class at The Gun Store on Tropicana here in Las Vegas.

He has been spouting the same anti-OC garbage about being thrown face down on the hot pavement for years. He's full of crap, and LVMPD has recently published mandatory training for all officers that specifically undermines his allegation that Metro will charge someone with "public nuisance" as a trumped-up way of confiscating their firearm.

Talking to him doesn't do any good. He's an older gentleman with a JBT mindset. He's beyond convincing.
Sounds like a good time for some of his students to complain about the false information that this instructor is teaching.
 

varminter22

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wrightme wrote:
Sounds like a good time for some of his students to complain about the false information that this instructor is teaching.
Great point. If students don't speak up, he will never change.

It is unconscionable for an instructor to disseminate false/poor info to students.
 

DON`T TREAD ON ME

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TBJ wrote:
You guys in the posts above say how everything said about it being unwise to oc on the strip is FUD, then how do you explain this thread?

http://opencarry.mywowbb.com/forum36/27721.html

Not trying to be nasty or argumentative, but it looks as if it is more of a problem than you reveal above.
If an individual is comfortable with having their rights diminished. I would consider it unwise for them to OC on the Las Vegas strip, or any where else for that matter.
 

wrightme

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varminter22 wrote:
TBJ wrote:
You guys in the posts above say how everything said about it being unwise to oc on the strip is FUD, ...
What is "FUD" ??
"Fear, Uncertainty, and Doubt."

You are likely more familiar to it as "fear-mongering."


TBJ, stating something is "unwise," is much different than alleging that something is unlawful.
To the best of my knowledge, timf wasn't "thrown down to hot pavement," and he was not charged with a violation of this ethereal "public nuisance law" that this instructor is "FUD'ing" about.
 

timf343

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Both true statements. I was in hand cuffs but I was not manhandled or ordered/thrown to the ground. And I was released without charge and with my firearm returned to me.

There were, however, weapons pointed at me, which wasn't very pleasant, and in fact, downright scary...
 

wrightme

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TBJ wrote:
You guys in the posts above say how everything said about it being unwise to oc on the strip is FUD, then how do you explain this thread?

http://opencarry.mywowbb.com/forum36/27721.html

Not trying to be nasty or argumentative, but it looks as if it is more of a problem than you reveal above.
"Dueling Links!"

http://opencarry.mywowbb.com/forum36/30420.html

It would seem that some of the publicity being cast upon JBT tactics might have a positive effect on the likely outcomes of such LE/Citizen encounters in the future.
 

TBJ

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I appreciate that timf was not thrown to the ground and forced to lie on baking hot pavement, but neither did he freely walk around without problems.

It seems to me that maybe whether there are laws against it or not, the LVMPD is more antagonistic than some of you appear to claim above, but not as much as suggested in Big Jake's post. Also, I agree that this "nuisance" law seems to be hot air.

Perhaps, and there are other threads that suggest it, they are getting more into line with the law, but I really think that it seems unwise for a casual visitor to OC on the strip unless he or she is aware that there may be some aggressive confrontation.
 

DON`T TREAD ON ME

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I think what TBJ is trying to tell us, is if you are going to OC, you should use good judgment and not operate to far out of your skill level. Thats good common sense. If someone cannot guage the difference between OCing on the strip vs going to your mailbox, your going to struggle no doubt.
 

TBJ

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No, I think TBJ is trying to tell us that whereas apparently some instructors are exaggerating the dangers, presumably in the hopes of their students avoiding being handcuffed and detained by a bunch of cops, some with drawn guns, it seems that other people are downplaying the dangers in the opposite direction by failing to recognize that there is at least a germ of truth in the original assertion.

Regarding "you should use good judgment and not operate to far out of your skill level." that's surely always the case, not just for OC'ing on the strip.
 

wrightme

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TBJ wrote:
No, I think TBJ is trying to tell us that whereas apparently some instructors are exaggerating the dangers, presumably in the hopes of their students avoiding being handcuffed and detained by a bunch of cops, some with drawn guns, it seems that other people are downplaying the dangers in the opposite direction by failing to recognize that there is at least a germ of truth in the original assertion.

Regarding "you should use good judgment and not operate to far out of your skill level." that's surely always the case, not just for OC'ing on the strip.
Who here has failed to recognize that there is at least a germ of truth in the original assertion? The degree of the original assertion was quite overstated and false. There is no "nuisance ordinance." That assertion, along with the "hot pavement" assertion are more hot air than substance. So is the assertion that 'your gun is forfeit.'
 

TBJ

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To me, the whole emphasis above was on "What a retard!" "Someone put this guy right!" Whether you meant to present a balanced view or not, to me it didn't appear so.

Nowhere did I gather, from what any of you said above, that you recognized that events such as timF's might, and could, occur, irrespective of what laws there are or are not. Maybe I read the posts incorrectly, but I assure you that my comprehension skills are quite reasonable.

Sounds as if the police have new instructions, which is all to the good. Let's hope timf's experience is a thing of the past.

I'm not trying to pick a fight with you guys, just trying to get it all straight in my head so I don't end up surrounded by antagonistic cops.
 

nomidlname

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TBJ, it kinda seemed that way to me too. Forum's seem to bring that out in people's posts whether they mean to or not. I am hopeful that was not his intent.

Just to clarify, things like what happened to Tim are possible anywhere. Although you really don't see it often in Las Vegas or Nevadaas a whole.Istatedon theCGF threadthings have been done to mitigate most of these unlawful detentions, even on the strip. But there is still a risk of it happening again. It's just the way things are. There will always be LEO's who think they are the law and not law enforcement.

It's people like Tim who arewilling to"put there life and liberty" in jeopardy that allow others to "exercise their rights". I am absolutely sure it was never his intention to do so but he was most likely aware of the risks, as sad as that is to say. By that I mean it is sad to be afraid of Law Enforcement when you are doing something not only lawful but is your right. It simply should never happen. Sadly it does, even in Nevada.

If I were an honest man I would tell you that every time I leave home with myweapon OC'ed I fear the potential of being confronted by law enforcement. But I still do it. Not only because it's my right but because it's better to have away to defend yourself and not need it then to need it and have a cell phone. And while a cell phone has monthly fees and Conceal Carry costs 200 bucks, OC is completely free as long as your willing to take the minimal risks. You seem to be an honest and intelligent man... I am sure you feel them same way regardless of the info you gathered off the previous posts, right?

I originally joined this forum so I could ask about traveling to Washington on vacation and OC'ing there and back. I received a lot of excellent info but I never once thought it was without risks. I wish I could say I was more afraid of criminals than I was of law enforcement but sadly that is not the case. I can take care of a criminal, I can't defend myself against the unlawful actions of law enforcement. This is true pretty much everywhere including in Nevada. Do you think it was unwise for my to travel throughCalifornia UOC'ing? What about Oregon or Washington? It held the same risks for me in those states as it will for you here. Well...since I am being honestthe risks ofa bad LEO confrontationin Nevada/Las Vegasare substantially lower than any of those three states. But there are still risks.

A couple things about Big Jakes posts. You mentioned "it seems that other people are downplaying the dangers in the opposite direction by failing to recognize that there is at least a germ of truth in the original assertion"


I will have to respectfullydisagree but I am being nit-picky. I will show you what I mean, the quotes below are from Big Jake.
While OC is legal in Nevada it is highly frowned upon in Las Vegas! If you try it (especially on the strip or in a casino) the result will likely be 8-10 police officers pointing guns at you while you are spread eagle on the ground!
OC is not highly frowned upon by Las Vegas Law Enforcement and while there is a possibility something close to thisCOULD happen it is not very likely at all. Even less likelynow that LawEnforcementhas been trained. You can thank Tim for his sacrifice and dedication to his rights. This must have been the "germ" of truth you were referring to because everything else is 100% false.

After you are disarmed and investigated for OC LEO will write you a $25.00 citation for this infraction. It is an infraction because to make it a misdemeanor would violate state preemption laws.
100% false

The $25.00 infraction is not the big deal. LEO will confiscate your firearm and you will have to go before a judge if you want it back and convince the judge that you have a VERY GOOD REASON for OC.
not a single word here is true. It has never happened and never will. You will never have to "convince" a judge with a good reason to do something lawful.

Most likely you will not be able to convince judge of good reason and he/she will declare your firearm a "Public Nuisance" and it will be destroyed! Jumping on the 2A bandwagon will likely result in a contempt of court fine as judges do not like people (especially non-residents!) use of this lame excuse.
This is some great fictionbut again not a single word is true. Never happened and never will.

OUCH! The loss of your firearm is the real cost of OC in Las Vegas! OC is well accepted in Reno/Carson area of state as it is more rural and less dependent on tourist dollars then is Las Vegas.
Oops! there might be a germ of truth here... Reno/Carsonhas more rural areas ... I think. Other than that everything is False.

The authorities do not like scared tourists for obvious reasons. Bottom line here is OC in Las Vegas and you will almost surely lose your firearm and Nevada ccw if you have one!
Correct, the authorities do not like scared Tourists. Bottom line, You will not lose your firearm if you oc nor will your CCW be in jeopardy. once again, you must do something illegal to lose your weapon and/or CCW.

One other point that was made by instructor is that since Las Vegas is high on terrorist target list they take no chances when it comes to people carrying guns as they do not want a Virginia Tech incident to occur there.
I honestly don't know what to say about this. Is the instructor on drugs?

The LEO's have no way of knowing your intentions while OCing. Instructor also added that if the incident occurs during summer time you may find yourself spread eagle on sidewalk in 110 degree heat.
From what I have been able to ascertain LEO's have the ability to observe a situation and determine what's going on. Hell it only takes a matter of seconds for LEO's to make these observations... maybe this instructor wasn't capable of that?This scenario is just silly. Being an honest man this is in the realm of possibilities but I honestly believe this would simply never happen. If it did the lawsuit would be HUGE!

OUCH AND DOUBLE OUCH! LEO will let you stay there awhile and if you get a burn from hot sidewalk that is their revenge as well!
Again, just not going to happen. If you get a burn from the sidewalk their jobs would most likely be in jeopardy. You can't put a person in harms way when they are doing nothing unlawful. It's silly to even suggest it.

Much better to get your Nevada ccw I would think!


This must be one of those germs of truth again. While I personally disagree with his assertion it would be up to the individual to make this decision. I have my CCW but OC when ever possible. I have my CCW to cover my self in case my shirt falls over part of my weapon or when I need to enter a casino or other places that object to weapons.

I could go on to his other posts but you get the picture. If not go read the rest of them. He continually changes what he "meant" to say to try to fit the facts and the law. He continually fails but at the end he does come somewhat close... but 99.8% of everything he spouts is false.

While you were right about having some "germs" of truth I don't think he was trying to convey caution and responsiblity about OC'ing. I believe he was trying to convey fear, doubt, hesitiation, and ignoranceof OC'ing and law enforcement in Nevada. This is simply unacceptable imo. We have a great state with some excellent freedoms. Some of us here are very willing to take the limited "risks" involved so others might enjoy those same freedoms with less orno risk. Some of us are not willing to accept those risksand that's ok too. Unlike some on CGF I believe it's your right to chose and your not any less of a personfor chosing differnetly than me. But understand that I also have the right to chose and whether you think so or not, OC is helping everyone's abilty to get their rights back. Disclaimer: I am not saying you believe one way or the other... please do not feel I am trying to attack you.

If you come to Las Vegas and you feel uncomfortable OC'ing than don't do it. There is a risk of abad LEO encounter. However I would recommend you try it. It is extremely liberating. If not, come here and take the 8 hour course and get your CCW. Do one or the other and lawfully carry as you see fit. That is ultimately what this is all about.


Have fun exercising your freedoms!
 
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