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Thread: Declare requirement questions.

  1. #1
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    Sorry if this has been asked before, but I've been reading for days and searching for hours and my search-fu has failed me if it has.

    I'm new to OC, and trying to get all of the legalities understood before proceeding. In the unlikely event that I incur a traffic stop while carrying, is it required (and/or suggested) to declare that your armed? Further, if it is NOT required to declare upon the initial stop, are you required to answer if specifically asked?

    I come from MI, where carrying in a vehicle was considered concealed carry, and find the OC vehicle laws here interesting to say the least. Like I said, I'm just trying to get it all understood before it's too late. I'm new to the forum (obviously) and I'm sure I'll have more questions/comments as time goes on.

    Thanks for your help, and be easy on me if my search-fu has failed me.

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    That answer would be NO, I have common knowledge and have seen the NRS, however I do not know the code. I will however give you a reliable source. for reference.

    http://www.handgunlaw.us/states/nevada.pdf

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    Thanks for the speedy reply. I was leaning towards a "NO" myself given my inability to find a "yes". It's just so hard to prove a negative based upon the lack of evidence of the positive. I'll give the pdf a thorough reading.

    Thanks again for your quick response, I've seen your screen name all over the forum, very helpful and knowledgeable.

  4. #4
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    No requirement to inform when stopped.

    MUST answer honestly IF asked.

    Personally, I would say there may be times when wise to inform, depending on the situation at hand. And, of course, be aware the LEO will see that you have a CCW permit when he runs your "number."



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    varminter22 wrote:
    MUST answer honestly IF asked.
    Why?, please cite to authority from Nevada code as to what precise duty the gun carrier has.

  6. #6
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    There is no requirement to answer if asked. However, if asked you have three legal options:

    Refuse to answer
    OR
    Answer truthfully
    OR
    Make a statement which does not answer the question to "change the subject" so to speak.

    As you know, it is a crime to make a false statement to an officer, so please don't lie if you do answer.

    There is a state law on the books which is related to the question by OP:
    NRS 202.3667 Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.

    1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

    2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.
    This does not require you to answer any questions, only present a concealed weapons permit & other ID (which I always thought was funny since the CCW has your picture on it and I've used my CCW to board a flight once when my driver license was missing). But that only applies if you're asked by law enforcement, and you're carrying concealed.

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    gmijackso wrote:
    I come from MI, where carrying in a vehicle was considered concealed carry, and find the OC vehicle laws here interesting to say the least.



    Finding any OC law in Nevada is impossible because they don't exist. We're a "defacto open carry" state, which means simply it's not illegal to OC. They is no law that gives permission to OC, but there is no law that says you can't OC. If it's not listed as illegal, it's legal.

    Therefore, there is no law that says you can not OC in your car (I know, it's confusing, but you'll get used to it). As a new member of this state, I recommend reading the Dangerous Weapons law and CCW law listed in NRS 202. I'll say one thing up front, as you listed handgunlaws.us as your reference... Their information is their own interpretation, and I've found at leasttwo things false in their NV law section before.

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    timf343 wrote:
    As you know, it is a crime to make a false statement to an officer
    No, Idon't know that - if Nevada has such a statute, let's see it.

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    There's always good old US law:
    Title 18, U.S. Code, Section 1512, "Obstruction of Justice"
    Title 18, U.S. Code, Section 1001, "False Statements"

    But specifically for Nevada:

    NRS 197.190 Obstructing public officer. Every person who, after due notice, shall refuse or neglect to make or furnish any statement, report or information lawfully required of him by any public officer, or who, in such statement, report or information shall make any willfully untrue, misleading or exaggerated statement, or who shall willfully hinder, delay or obstruct any public officer in the discharge of his official powers or duties, shall, where no other provision of law applies, be guilty of a misdemeanor.


    NRS 199.280 Resisting public officer. A person who, in any case or under any circumstances not otherwise specially provided for, willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his office shall be punished:
    1. Where a dangerous weapon is used in the course of such resistance, obstruction or delay, for a category D felony as provided in NRS 193.130.
    2. Where no dangerous weapon is used in the course of such resistance, obstruction or delay, for a misdemeanor.

    NRS 199.305 Preventing or dissuading victim, person acting on behalf of victim (police officer), or witness from reporting crime, commencing prosecution or causing arrest.
    1. A person who, by intimidating or threatening another person, prevents or dissuades a victim of a crime, a person acting on his behalf or a witness from:
    (a) Reporting a crime or possible crime to a:
    (1) Judge;
    (2) Peace officer;
    (3) Parole or probation officer;
    (4) Prosecuting attorney;
    (5) Warden or other employee at an institution of the Department of Corrections; or
    (6) Superintendent or other employee at a juvenile correctional institution;
    (b) Commencing a criminal prosecution or a proceeding for the revocation of a parole or probation, or seeking or assisting in such a prosecution or proceeding; or
    (c) Causing the arrest of a person in connection with a crime,
    Or who hinders or delays such a victim, agent or witness in his effort to carry out any of those actions is guilty of a category D felony and shall be punished as provided in NRS 193.130.
    2. As used in this section, “victim of a crime” means a person against whom a crime has been committed.

    There may be other laws. It seems there's nothing written in NV law which specifically covers this topic, but certainly obstruction seems to fit pretty close.


  10. #10
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    Ok, here's a random thought I just had, as an addendum to my previous questions which have been well answered (thanks everyone for that).

    IF you choose to declare that you have a weapon when you are Open Carrying, could that declaration be used against you in court if you were to be charged with unlawful concealment?

    For example:
    You're pulled over. The officer steps up to your vehicle, and with your hands clearly on the wheel it goes something like this:
    YOU: "Officer, For our safety I'd like to inform you that I am armed."
    LEO: "Where is the weapon?"
    YOU: (insert any legal open carry location)
    Now, the officer for whatever reason, chooses to charge you with concealment.

    Being an upstanding citizen who has done no wrong, you go to court to object to these charges and give your case. You are questioned:
    DA: "Upon being approached by the officer, did you say anything to them?"
    YOU: "Yes"
    DA: "What did you say?"
    YOU: "I informed the officer that I was armed."
    DA: "Why did you do so?"
    YOU: "For our safety. So there would be no surprises."
    DA: "Was the weapon concealed?"
    YOU: "No"
    DA: "If the weapon was not concealed, there would be no surprises and there would be no reason to inform the officer. Obviously you too felt the weapon was concealed"

    Or something along that train of thought. Basically, can informing the officer be used as an admission of concealment?

    Discuss

  11. #11
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    ANYTHING you say CAN and WILL be used AGAINST you.

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    Mike wrote:
    varminter22 wrote:
    MUST answer honestly IF asked.
    Why?, please cite to authority from Nevada code as to what precise duty the gun carrier has.
    Sorry, I reckon I was thinking it terms of CC when the original question was directed to OC.

    Other posters here have made quite thoughtful and correct statements and quoted Nevada law (and lack thereof, in some cases!)

  13. #13
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    what if your a mute? or choose to be one? how can you give them your name? if you go to reach for your wallet then you get shot.

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    No Constitutional law requires you to volunteer ANY information to ANY government official. You are required to answer questions honestly (with the apparent exception of politicians).

    You may find mentioning that you are carrying to be a good idea, so they don't think you're trying to hide it -- if you do this, just say "I have a CCW permit, and I am carrying"-- and NOTHING ELSE about it. Some states require advising the cops that you are CCW if approached.

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    And with todays new SCOTUS rule you have to tell the cops you wish to remain silent.

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    DVC wrote:
    No Constitutional law requires you to volunteer ANY information to ANY government official. You are required to answer questions honestly (with the apparent exception of politicians).

    You may find mentioning that you are carrying to be a good idea, so they don't think you're trying to hide it -- if you do this, just say "I have a CCW permit, and I am carrying"-- and NOTHING ELSE about it. Some states require advising the cops that you are CCW if approached.
    http://opencarry.mywowbb.com/forum4/45216.html in re the Fifth Amendment



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    Vegassteve wrote:
    And with todays new SCOTUS rule you have to tell the cops you wish to remain silent.
    This is a Good Thing(tm). If you just stop talking, the cops can keep trying to pry you open, and if they do, they can take it to court. If you say you want to use your right to remain silent, there is no point in them continuing to try, because if you DO say anything they can't use it.

  18. #18
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    DVC - are you sure?

    If you elect to remain silent, they have to stop questioning you. But if you then make a voluntary statement, not prompted by anything police say, that statement can be used against you.

    Edit: Never mind, I reread your post and think I understand it better on the second read. IF you assert your right, and they continue questioning you anyway, any statements made from their questioning are inadmissible, so police know there's no point in continuing.

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    timf343 wrote:
    DVC - are you sure?

    If you elect to remain silent, they have to stop questioning you. But if you then make a voluntary statement, not prompted by anything police say, that statement can be used against you.

    Edit: Never mind, I reread your post and think I understand it better on the second read. IF you assert your right, and they continue questioning you anyway, any statements made from their questioning are inadmissible, so police know there's no point in continuing.
    Once you declare your intent to exercise the right to remain silent, you may VOLUNTEER information, but if you respond to a question, that response is of no value whatsoever -- either directly or anything they develop that your answer leads them to ("Fruit of the Poisonous Tree").

    Any cop with more than a week on the street will shut his mouth so fast his teeth will clatter, to prevent any possibility that you will answer a question and trash the investigation.

    I visited a class once where deputy trainees were being taught how to handle problems like this -- for instance, not even ask if the suspect would like a drink of water, but instead say "there is water, if you want some."

    With most interviews being recorded, it's important for a cop to be strictly by the book, so you can bet they will be obeying this new ruling by continuing to bark at the suspect until the magic words are spoken.

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