Open carry story and questions!

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Finally moved all my family's stuff up to Henderson and my last day in Kalifornia will be this week. While in Nevada last week I open carried just about everywhere. I picked my parents up at Green Valley Ranch hotel and met them at the buffet. We had a dispute over the bill and I walked up to 2 suits while open carrying, the looked at it and said nothing about it. Fixed our bill and we were on our way.

The only time anyone said anything was at Primadonna at the state line. After walking the casino floor for about 5 hours a security guard asked me if my gun was real. I said " yes sir". He asked me if I could put it in my room. I complied. He then asked if I was part of some gun carry movement and that he heard something on the radio about a group at some beach walking around with guns. I informed him that I am not officially part of any group but I was part of the group he had heard about in Kalifornia.

My questions are about my sister shooting or open carrying in Nevada. She is 16. I know you can't own a gun until you are 18 and can;t buy one until you are 21. Can I take her shooting? Can she open carry?

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greengum wrote:

My questions are about my sister shooting or open carrying in Nevada. She is 16. I know you can't own a gun until you are 18 and can;t buy one until you are 21. Can I take her shooting? Can she open carry?

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Did you check our age to open carry map?

Also, it is not correct to say "can;t buy one until you are 21" re handguns - that is the case re federal dealers, but most states allow private sales of handguns at age 18 - we have a map about that too.

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Also, the relevant state law code regarding possession under 18 is NRS 202.300, available here:

http://www.leg.state.nv.us/NRS/NRS-202.html#NRS202Sec300

Essentially, as long as she carries in the presence of her adult parents, or in the presence of an adult her parents so authorize, she's fine. But be very cautious, the penalties for violating this subsection are harsh for both the child and the adult.

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Mike wrote:

greengum wrote:

My questions are about my sister shooting or open carrying in Nevada. She is 16. I know you can't own a gun until you are 18 and can;t buy one until you are 21. Can I take her shooting? Can she open carry?

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Did you check our age to open carry map?

Also, it is not correct to say "can;t buy one until you are 21" re handguns - that is the case re federal dealers, but most states allow private sales of handguns at age 18 - we have a map about that too.

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Yes I am aware of these facts but spoke about them in general. Thank you tim for the law.

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Hmmm.....
I didn't read this in this way before, but.....

NRS 202.300 Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances. 1. Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his possession or under his control, except while accompanied by or under the immediate charge of his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

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Accompanied OC?

"what say the brethren?"

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greengum wrote:

The only time anyone said anything was at Primadonna at the state line. After walking the casino floor for about 5 hours a security guard asked me if my gun was real. I said " yes sir". He asked me if I could put it in my room.

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"Could you comp my stay then?"

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But read the rest of the law, (NRS 202.300):

5. Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his possession a valid license to hunt, may handle or have in his possession or under his control, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him:

(a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun; or

(b) A firearm capable of being concealed upon the person, if the child has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,

Ê and the child is traveling to the area in which he will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.

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and:

6. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child has the permission of his parent or guardian to handle or have in his possession or under his control the rifle or shotgun and the child is:

(a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;

(b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;

(c) Participating in a lawfully organized competition or performance involving the use of a firearm;

(d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and he is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;

(e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;

(f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or

(g) At his residence.

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and:

7. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his possession or under his control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his parent or guardian or an adult person authorized by his parent or guardian to have control or custody of him, if the child:

(a) Has the written permission of his parent or guardian to handle or have in his possession or under his control such a firearm for the purpose of engaging in such an activity; and

(b) Is not otherwise prohibited by law from possessing such a firearm.

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and finally, para 8 & 9:

8. A child shall not handle or have in his possession or under his control a loaded firearm if he is:

(a) An occupant of a motor vehicle;

(b) Within any residence, including his residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or

(c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless he is within a facility licensed for target practice.

9. For the purposes of this section, a firearm is loaded if:

(a) There is a cartridge in the chamber of the firearm;

(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

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So, there are several instances where a child over 14 years old can possess/handle firearms.

But it appears to me that normal, "every day carry" on the streets would be unlawful as I do not see that as an exception to the prohibitive law - UNLESS, as wrightme pointed out, the "for other purposes" clause counts.

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I see nothing in the statute that is written to prohibit a son or daughter from open carrying while in direct accompaniment by the "parent, guardian, or designated adult" while under 18, and/or while under 14.

I do not know that I desire to present as a "test case," but a bare read of the statute (absent any contrived LE bias, or uninformed citizen call, or legislative intent) does not show a limit to purpose, other than a reasonable "lawful purposes" view. OC is a lawful purpose. Unaccompanied OC by 18 and older is a lawful purpose, because the "accompanied by.." portion is no longer applicable. I see nothing that prohibits it by less than 18YO when accompanied. It is not in the exceptions for 14-18 unaccompanied.

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After reading wrightme's post and speaking with him via telephone, I change my opinion. Accompanied OC (14 to 18 yr old) appears lawful.

This would be a good issue to clarify with a knowledgeable attorney!

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I'm curious. I haven't seen any language that limits or forbids kids under 14. Is there any?

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DESERT ATILLA wrote:

I'm curious. I haven't seen any language that limits or forbids kids under 14. Is there any?

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The statute above does "limit or forbid" unaccompanied kids under 14.

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My bad, I wasn't clear on my question. Let me try again. So, if a child is under 14 and under direct supervision, then it's ok for that child to OC?

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DESERT ATILLA wrote:

My bad, I wasn't clear on my question. Let me try again. So, if a child is under 14 and under direct supervision, then it's ok for that child to OC?

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I gave it a good analysis a few posts ago.
Arguably YES, but......