Man with gun causes lockdown at high school

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Mr.Stressman wrote:

im aware of my rights and the law but there is a lot of gray areas im unsure of and i would like to learn more about the laws and what i should do when im stopped by a leo.

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Well it seems you may have been in violation of the Gun Free School Zone Act. You were most definitely within 1000ft of the school. The interesting caveat may be that there is an exception that allows the carry:

Section 922 of Title 18 of the U.S. Code (see bold area):
(1) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
Exception: This does not include possession of a firearm on private property that is not part of school grounds or possession of a loaded firearm by an individual who is licensed to do so by the State. (i.e. a concealed carry, weapon, or firearm permit).
(2) It shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm.

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Now, since Nevada is by default an open carry state and therefore does not issue weapon or firearm permits doe everyone by default "have" one thus allowing them to carry within 1000 ft? Or, does this mean that the only way to carry withing 1000 ft in NV is with a CCW?

I'd be interested in hearing Tims thoughts on this one...

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kwikrnu wrote:

If you're at home simply do not open the door.

+1. And don't bother arguing with them through the door. Just tell them to go away.

If you're on the street there are many ways to handle it. Michigan open carry on youtube has some good videos and audio. Make sure you know the law.

1. Buy and use an audio recorder.

This is fine in Nevada. In case you were wondering, there is no law in this state that prevents you from recording audio in public or private. Also, in cases where it is unlawful to record, this state only requires one person being recorded to know the conversation is being recorded. So as long as you know the recording is on, the one-person test has been met.

2. When confronted ask what your status is. Is it a consensual encounter or are you detained?

3. If consensual walk away, if not you may have to ID yourself, or tell the cop you have a gun, etc.

Agreed. If consensual, walk away. If you're being detained, NRS 171.123 requires you to identify yourself. NV Supreme Court Case Law requires only that you provide your name. You do not need to show ID, give your social security number, date of birth, address, or anything else. Just tell them your name, that's it.

There is no law requiring you to inform an officer you are armed, even if you are carrying a concealed weapon with a permit. You should not lie, but you are not required to answer, even if asked.

And since you're being detained, YOU ARE A SUSPECT IN A CRIMINAL INVESTIGATION. Let me rephrase. THE OFFICER IS LOOKING FOR YOU TO SAY SOMETHING INCRIMINATING SO HE CAN ARREST YOU. You were exercising your right to bear arms, why not go ahead and exercise your right to remain silent as well?

4. If detained you should probably do what the cops tells you to do and ask every once in awhile if you are free to go. I don't consent to searches and tell them so.

By all means, if a cop stops you at gun point, or orders you to put your hands up, DO IT! Live to argue another day. It's one thing to be dead wrong, it's another thing to be DEAD RIGHT. Just do as he says to keep yourself safe and no matter what, file a complaint later.

5. If you feel the stop was in error request audio, video, 911 calls, dispatch recordings, reports, etc through a freedom of information act (FOIA) request. Write a letter to the police stating why you believe the cop violated your rights.

6. If you feel especially violated file a 1983 federal civil rights lawsuit.

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gmijackso wrote:

Now, since Nevada is by default an open carry state and therefore does not issue weapon or firearm permits doe everyone by default "have" one thus allowing them to carry within 1000 ft? Or, does this mean that the only way to carry withing 1000 ft in NV is with a CCW?

I'd be interested in hearing Tims thoughts on this one...

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My interpretation on the exception granted in the letter of the law requires one to have an actual physical license. So a CCW would protect you, even OC, even with a rifle.

However, the first version of this law has already been ruled unconstitutional by the federal courts, and it is unlikely the reworded law is constitutional. With the exception of California (which has a very similarly worded law), I am unaware of any single arrest for a violation of this law.

And it would be very unpopular to actually arrest someone here in Clark County under that law, seeing as how the only way to get to the new Clark County Shooting Park is by driving right in front of Shadow Ridge High School:

http://maps.google.com/maps?oe=utf-8&rls=org.mozilla:en-USfficial&client=firefox-a&um=1&ie=UTF-8&q=shadow+ridge+high+school+vegas&fb=1&gl=us&hq=shadow+ridge+high+school&hnear=vegas&cid=0,0,8950218314526361067&ei=MRWZS9WcCpHctgOSh7nCAQ&sa=X&oi=local_result&ct=image&resnum=1&ved=0CAcQnwIwAA

And if you got to Decatur from the highway in the east, Goynes Elementary School is only 850 ft off the highway:

http://maps.google.com/maps?oe=utf-8&rls=org.mozilla:en-USfficial&client=firefox-a&um=1&ie=UTF-8&q=goynes+elementary+school+vegas&fb=1&gl=us&hq=goynes+elementary+school&hnear=vegas&cid=0,0,186990139705822923&ei=kBWZS7DRGIe0sgOlupjCAQ&sa=X&oi=local_result&ct=image&resnum=1&ved=0CAcQnwIwAA

And from the west, Neal Elementary School is even closer to the highway:

http://maps.google.com/maps?oe=utf-8&rls=org.mozilla:en-USfficial&client=firefox-a&um=1&ie=UTF-8&q=neal+elementary+school+vegas&fb=1&gl=us&hq=neal+elementary+school&hnear=vegas&cid=0,0,5953586874294121108&ei=3BWZS7DBAo-esgPjv-HBAQ&sa=X&oi=local_result&ct=image&resnum=1&ved=0CAcQnwIwAA

So as you can see, pretty much anyone who makes use of our new shooting park here in town (assuming they were carrying a loaded gun and didn't have a CCW) would violate that law if it were legal and/or enforceable.

As always, IANAL and YMMV. But I go about my daily life as if that law doesn't exist.

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After a little research....it looks as if a rifle in an approved, locked rifle case is acceptable to transport, as long as it is empty. but i also cant find anything other than that defunct federal law ...
I think the politicians write these laws just to confuse the public....

Just my opinion..IMNAL