Results 1 to 13 of 13

Thread: Open Carry Dinner in the park

  1. #1
    Regular Member Prophet's Avatar
    Join Date
    Feb 2008
    Location
    Pittsburgh, Pennsylvania, USA
    Posts
    544

    Post imported post

    The owners of DeVivo's are not only a former marine and former soldier but also two avid gun owners who believe in the peoples right to bear arms.

    Their website is www.Devivos.com

    They have a italian eatery setup in Bryce Trent Park on wednesdays from 2-6pm. The foods pretty amazing and I thought while I am out here I should try and get a meet up with some OCer's on the west coast.

    I talked to one of the owners and he said that if we have an OC meetup in the park that anyone OC'ing will have a $1 discount to their order of any hoagie sandwich.

    Its a nice little park where you can bring the kids and they can run around and play on swings etc.

    Whose up for an OC meetup in the park on wednesday the 11th of November?

  2. #2
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    Please be advised, the City of Las Vegas Municipal Code 13.36.055 prohibits the possession of firearms in city parks.

    This code is a violation of state preemption law (NRS 268.418), but law enforcement, specifically the Clark County Park Police, has already indicated they will enforce this code on park visitors.

    We are awaiting an official response from the NV Attorney General regarding the park issue and hope to have that response very soon.

    I would caution anyone that intends to OC that doing so may result in an encounter with law enforcement. And if it does, based on an official opinion and interpretation released by the Clark County District Attorney, any such encounter will likely end in arrest for a violation of this section.

    I personally recommend against OC'ing at this event until we have an official opinion from the AG's office. If it's negative, you'll know doing so will be perilous for the time being. If it's positive, Clark County has agreed to cooperate and no longer enforce their ordinance.

    Tim

  3. #3
    Regular Member
    Join Date
    Oct 2009
    Location
    , ,
    Posts
    2

    Post imported post

    Did you mean Bruce Trent park. We could still meet up without ocing . seeing as how at this point it is not allowed.just to put some faces with the screen names.Anyone else interested.

  4. #4
    Regular Member Prophet's Avatar
    Join Date
    Feb 2008
    Location
    Pittsburgh, Pennsylvania, USA
    Posts
    544

    Post imported post

    I did mean Bruce Trent Park. As you can see I am not from Vegas but am here visiting for a while. Pre-emption means a little something different in Pennsylvania. We don't have grandfathered clauses so even if a county had a ban on firearms in a park they could do nothing about it lest they face and lose a lawsuit.


    I just thought it would be nice to get some support for some pro gun service men trying to get a business off the ground while doing some OCing. Didn't know the jackboots would try to arrest everybody.

  5. #5
    Regular Member Prophet's Avatar
    Join Date
    Feb 2008
    Location
    Pittsburgh, Pennsylvania, USA
    Posts
    544

    Post imported post

    Not for not...but you don't have to wait for a response from the AG. It took me about 10 minutes to get you an answer. I had thought, since you were waiting for the AG that there was some gray area or ambiguity with your pre-emption laws.

    There aren't.

    Nevada Pre-emption law states:

    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.
    Even if you think it could be grandfathered in, like registration, the park ban on firearms would have had to exist before June 13th, 1989. It was passed in 2000 and edited in 2006.

    So...whats the problem again? It seems that the prohibition in the park is just as unenforceable as prohibitions on Open carry which im told some towns here still have on the books.

  6. #6
    Regular Member Prophet's Avatar
    Join Date
    Feb 2008
    Location
    Pittsburgh, Pennsylvania, USA
    Posts
    544

    Post imported post

    One more thing...after being bothered the last time i was in town by some LEO's who were ignorant of the law I printed out this page:

    http://www.lvmpd.com/Permits/firearms_registration.html

    and carry a copy with me wherever I go while carrying. Its kind of hard for them to bitch and moan about my OCing or not registering when I have their own website outlying my rights to OC (thanks to preemption) and not to register due to the 60 day window.

  7. #7
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    We have debated the issue of preemption and all of us on this forum agree on your interpretation of it - that the ordinance is unenforceable. But that doesn't mean you don't face arrest. I've been in touch with Clark County Park Police and they told me in no uncertain terms that if I bring a gun to a park, I will be arrested and my gun seized.

    The District Attorney backed that up with a promise to prosecute and has stated publicly that pre-emption does not affect the county's (a la city's) authority to institute a ban on weapons in public parks.

    Whether or not you would win any subsequent lawsuits, it would not change the fact that an arrest would put a damper on your evening.

    I am waiting on the Attorney General's opinion because the DA's office agreed to abide by that opinion - if the AG says they can't ban guns, they won't enforce it. If that's the case, I intend to take it to the County Commissioners immediately and demand it's repeal (the county ordinance). I then intend to go to each of the City Councils including Las Vegas, and demand the repeal of their unlawful ordinances.

    But until that time, I have been assured by those with the power that I would be arrested if found with a gun in a park. And I have no reason not to believe them either since we've all seen how the police handle you being found with a gun on a public sidewalk.

    Tim

  8. #8
    Regular Member Prophet's Avatar
    Join Date
    Feb 2008
    Location
    Pittsburgh, Pennsylvania, USA
    Posts
    544

    Post imported post

    Wow. Thats unfortunate. I didn't realize that the police and DA's office were so corrupt. Its like saying since Nevada wasn't part of the Union before the civil war it can allow slavery until the US AG writes them a letter saying that the 13th amendment applies to Nevada too.

    Oh well, i was just tossing out ideas. In PA we often have OC picnics in city or county parks. Its just a great venue for people to get together and break bread and meet.

    I hope the AG opinion will come soon.

  9. #9
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    I absolutely agree. Parks are a great place to meet and I'm anxiously awaiting finally being allowed to use public parks. We've been waiting on the AG opinion since July! Hopefully any day now. The DA's office has been giving me updates, and I've talked to the AG's office as well. Just a long process unfortunately.

    Tim


  10. #10
    Regular Member
    Join Date
    Jun 2009
    Location
    , Nevada, USA
    Posts
    44

    Post imported post

    I don't see how the CC park police is at all corrupt on this issue. The police are there to enforce the laws that are on the books. They get their opinions from the DA's office. Since the DA's office said this law is a good law, they enforce it. Now if they continue to enforce it if the AG rules it unlawful, there will be an issue. Right now though, they are enforcing a law that is written. Police officers aren't paid enough to pick and choose which laws are and are not unlawful - that's the job for the courts.

  11. #11
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    I agree. There is a written law, and when citizens questioned the police, they consulted the DA. The DA replied it's a valid law and would prosecute anyone arrested and charged under it. If I were in that department, this would leave no question in my mind about enforcing it.

  12. #12
    Regular Member
    Join Date
    Oct 2009
    Location
    , ,
    Posts
    2

    Post imported post

    i think we have strayed from the subject at hand of helping these 2 vets in there business.if i can bring the wife and kids to a fun day in the park and help these 2 supporters of the 2nd amendment at the same time well it sounds like a great idea to me.

  13. #13
    Regular Member
    Join Date
    Aug 2009
    Location
    North Las Vegas, Nevada, USA
    Posts
    20

    Post imported post

    There should just be an OC trash pick up or get a together somewhere.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •