Results 1 to 19 of 19

Thread: OC on RTC bus line

  1. #1
    Regular Member Nevada carrier's Avatar
    Join Date
    Mar 2010
    Location
    The Epicenter of Freedom
    Posts
    1,297

    Post imported post

    Just called RTC and they informed me that I can not ride with a firearm unless I'm in uniform. Firearms are not listed on any RTC public policy document as a restricted item and depending on how you interpret NRS 200.471 Just having a firearm could be considered assault if you wanted too assert that the bearer presented the ability just by having a weapon.

    Under Nevada Revised Statute 200.471, a person who commits an assault upon a transit operator with a deadly weapon or presents the ability to use a deadly weapon is subject to imprisonment in the state prison for a minimum term of not less than one (1) year and a maximum term of not more than six (6) years, or a fine of not more than $5,000, or both fine and imprisonment.
    This really bites, as my primary means of transportation is the bus. Does anyone know in what manner I can stow my firearm in a backpack that would be considered transport rather than CC? I don't want to run the risk of an unlawfully concealed weapon charge.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

  2. #2
    Regular Member
    Join Date
    Feb 2010
    Location
    Northern Nevada, ,
    Posts
    721

    Post imported post

    Nevada carrier wrote:
    Just called RTC and they informed me that I can not ride with a firearm unless I'm in uniform.

    That's funny. Maybe they think you are a local cop and the local cops have a policy which prohibits plainclothes officers from carrying openly on the bus.

    Otherwise they just pulled it out of their ass because they don't know any better.

  3. #3
    Regular Member Nevada carrier's Avatar
    Join Date
    Mar 2010
    Location
    The Epicenter of Freedom
    Posts
    1,297

    Post imported post

    I explained to them that I was a firearm owner who did not own a car and use the bus as my primary means of transportation. I informed them that I needed to go to an indoor range and asked if they have any policy that prohibits firearms as their literature and website make no mention of firearms being prohibited items.

    The response I received was what I stated above. Any suggestions then on how I can transport my firearm legally in a backpack without a CCW? Locked case, trigger locked, firearm unloaded and not carrying any ammunition perhaps?
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

  4. #4
    Activist Member
    Join Date
    Nov 2007
    Location
    Reno, Nevada, USA
    Posts
    1,713

    Post imported post

    That is not what the law actually says! Where do people keep hearing that information? It seems to be a very bad attempt to paraphrase the law.


    We just discussed this. See this thread: http://opencarry.mywowbb.com/forum36/40883.html

    Read what the law actually says yourself:
    http://www.leg.state.nv.us/Nrs/NRS-2...l#NRS200Sec471
    (a) “Assault” means:
    (1) Unlawfully attempting to use physical force against another person; or

    (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm
    2. A person convicted of an assault shall be punished:
    (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
    (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

    The actual text says that it becomes a bigger violation when you commit assault, if the assault either involves using a deadly weapon or having the present ability to use a deadly weapon. Merely having a deadly weapon present and the ability to use it is not a problem absent committing assault. Assaulting a public transportation official (or an officer or a teacher) does carry a larger penalty as well!


    http://www.rtcwashoe.com/

    If RTC is Washoe County, I do not believe they have the authority to ban firearms:
    http://www.leg.state.nv.us/nrs/NRS-2...l#NRS244Sec364
    NRS 244.364 Limited authority to regulate firearms; restrictions concerning registration of certain firearms 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 county may infringe upon those rights and powers.

  5. #5
    Regular Member Nevada carrier's Avatar
    Join Date
    Mar 2010
    Location
    The Epicenter of Freedom
    Posts
    1,297

    Post imported post

    So what you are saying is that because RTC of southern Nevada is a government agency, they can not implement a policy barring access to citizens who are lawfully carrying firearms?

    Here is the RTC website, where they clearly state that they are a government agency. http://www.rtcsouthernnevada.com/about/index.cfm

    What should I do if a driver denies me access to public transportation while carrying a firearm?

    As much as I hate to play devils advocate against myself but I found this in the NRS concerning Regional Transportation Commissions.

    NRS 277A.380 Exercise of additional powers. In addition to the general and special powers conferred by this chapter, a commission is authorized to exercise such powers as are necessary.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

  6. #6
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    NRS 244.364 quoted by Felid says "Except as authorized provided by specific statute..."

    NRS 277A.380 is not such a "specific" statute.

    If the driver denies you access, insist that it's legal and if he does not agree, he can call the police to confirm it for him. But don't trust the police will know it's legal, or even care.

    Others on this forum have reported OC'ing on busses in Las Vegas with no issues whatsoever. Though they think that may be because they were wearing "Security Guard" uniforms at the time.

    What I would suggest is that you try to board a bus OCing when you're not in any rush to be anywhere and see for yourself. If denied entry, report back here and I'm willing to bet our next OC Get-Together involves a bus ride...

    Tim

  7. #7
    Regular Member
    Join Date
    Jan 2010
    Location
    Las Vegas, Nevada, USA
    Posts
    208

    Post imported post

    I have to agree with Tim here. Seems like your best option is to try when it doesn't really matter if it works or not.

    There is no technically legal way to carry a firearm in any form of case unless it is plainly observable to be a firearm. Somebody had somewhat jokingly posted a clear acrylic locking case that may or may not allow you passage.

  8. #8
    Regular Member OPS MARINE's Avatar
    Join Date
    Apr 2008
    Location
    , California, USA
    Posts
    392

    Post imported post

    timf343 wrote:
    NRS 244.364 quoted by Felid says "Except as authorized provided by specific statute..."

    NRS 277A.380 is not such a "specific" statute.

    If the driver denies you access, insist that it's legal and if he does not agree, he can call the police to confirm it for him. But don't trust the police will know it's legal, or even care.

    Others on this forum have reported OC'ing on busses in Las Vegas with no issues whatsoever. Though they think that may be because they were wearing "Security Guard" uniforms at the time.

    What I would suggest is that you try to board a bus OCing when you're not in any rush to be anywhere and see for yourself. If denied entry, report back here and I'm willing to bet our next OC Get-Together involves a bus ride...

    Tim
    This is why you should carry a PAGE of the Penal Code which shows its legal. When in doubt, whip it out...and if they still want to call the Police, encourage them.
    "Most people respect the badge. Everybody... respects the gun."

  9. #9
    Regular Member Sabotage70's Avatar
    Join Date
    Jul 2009
    Location
    Fabulous Las Vegas, NV, ,
    Posts
    844

    Post imported post

    Well, there is always another option. How hard is it to get a shirt that says "Security Guard"?
    EDC=XDm40 16+1+16+16

    RED DRAGONS!!!!

  10. #10
    Regular Member Nevada carrier's Avatar
    Join Date
    Mar 2010
    Location
    The Epicenter of Freedom
    Posts
    1,297

    Post imported post

    If the driver calls the police, they send out the transit cops. I've seen these guys before and most of them think they are bad asses. I really don't want to provoke them into a confrontation as they tend to be unprofessional officers I've ever seen. These are the type of officers who (and I've seen this myself) will tell a person to step off the bus, then when the guy asks "Why am I being kicked off the bus?" they put him in the rear neck & choke and place him under arrest.

    I think before I go any farther, I'll call the transit authority and see if I can get someone higher up than just a call taker to tell me if there is a specific statute or not.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

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

    Post imported post

    When you talk to them if they cite the 200.471 law, make sure to get clarification from them - 200.471 is merely an enhancement of the existing assault laws, as pointed out by Felid. So why, if you're not assaulting the bus driver, do they think this law applies?

    Either way, regardless of what they say, I know it's completely fine to ride the bus OC and will be happy to meet you some time and take a bus ride with you, OC of course.

  12. #12
    Regular Member greengum's Avatar
    Join Date
    Aug 2009
    Location
    Henderson, Nevada, USA
    Posts
    330

    Post imported post

    That would be fun, A OC bus trip meet up!

  13. #13
    Regular Member
    Join Date
    Sep 2009
    Location
    Henderson, ,
    Posts
    232

    Post imported post

    I think we might loose this one.....I tried 3 different buses out here in Henderson on boulder hwy...just wanted to ride into town to the strip...spent all morning being rejected from buses..:what: I was OCing .....
    The last bus i tried, i pulled my shirt over my gun and got my ride....

  14. #14
    Campaign Veteran
    Join Date
    Oct 2007
    Location
    Las Vegas, Nevada, United States
    Posts
    1,413

    Post imported post

    Interesting....CC is OK but OC is not? That sounds pretty arbitrary, and I think you'd have a very hard time finding out which law they rely upon for that rule.

  15. #15
    Regular Member
    Join Date
    Sep 2009
    Location
    Henderson, ,
    Posts
    232

    Post imported post

    timf343 wrote:
    Interesting....CC is OK but OC is not? That sounds pretty arbitrary, and I think you'd have a very hard time finding out which law they rely upon for that rule.
    I thought it was very strange when the same driver owed me to ride when he couldn't see my 1911....He recognized me and looked at my shirt un-tucked...and allowed me to enter the bus with out a word...

    The driver also told some lady with 3 kids," if she dident keep them quiet" she would be put off the bus...."company policy" he said over the loud speaker....

  16. #16
    Regular Member Nevada carrier's Avatar
    Join Date
    Mar 2010
    Location
    The Epicenter of Freedom
    Posts
    1,297

    Post imported post

    RTC is an agency of the State, Veolia transport is a sub contractor who provides logistics such as drivers, Mechanics and maintenance facilities. This is PUBLIC transportation. There is no company that can arbitrarily make up rules and regulations as they see fit.

    i'm going to get more information about this and report back. perhaps this is something we need to take action on.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

  17. #17
    Regular Member Nevada carrier's Avatar
    Join Date
    Mar 2010
    Location
    The Epicenter of Freedom
    Posts
    1,297

    Post imported post

    Okay so I called RTC, and again this is what they said.

    I asked if they where an agency of the state they said they were.

    They said unless you are in uniform you could not carry firearms on "THEIR BUSSES."

    I then asked "Under what statute do you have the authority to refuse access to those lawfully possessing firearms."

    She said "it's just our policy."

    I then reiterated to her that As she already stated RTC is a n agency of the state and asked her under what statute she believes RTC could refuse access to those lawfully carrying firearms.

    She then abruptly interrupted me and asked me what my name was.

    I asked her if I was required to give my name, she said no.

    I then said, I would rather not give my name,

    She said it is our policy.

    I was about to read her the following:

    "NRS 244.364 Limited authority to regulate firearms; restrictions concerning registration of certain firearms 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 county may infringe upon those rights and powers."

    Before I could even begin she again asked me for my name which I declined to give, she then told me to have a good day and hung up.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

  18. #18
    Regular Member Nevada carrier's Avatar
    Join Date
    Mar 2010
    Location
    The Epicenter of Freedom
    Posts
    1,297

    Post imported post

    I just spoke with Allison Blankenship, Public Information Supervisor, and acting director of government affairs for the RTC of Southern Nevada.

    She was at least willing to hear my concern but said that she would be unable to give me a definite answer and she acknowledged that I have raised a valid question. She said she would consult RTC's legal department and contact me on Monday.

    At least after speaking to her I felt like she was generally interested in hearing what I had to say and thinks there needs to be some clarification on the matter.

    If any of you are contemplating calling the RTC, do not contact the customer service department, they don't know anything. This is something that has to be dealt with at an administrative level.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

  19. #19
    Regular Member Nevada carrier's Avatar
    Join Date
    Mar 2010
    Location
    The Epicenter of Freedom
    Posts
    1,297

    Post imported post

    Correct me if I'm wrong, but I've looked through Chapter 277A of the NRS and nowhere can I fond any specific mention of firearms.

    This is the only statute that I think they may attempt to stand on and it's application to passengers is questionable.

    NRS 706.1517 Authority: Employees who are peace officers may carry firearms. Employees of the Authority who are peace officers may carry firearms in the performance of their duties.
    It authorizes "Employees who are peace officers" to carry, but it doesn't say "ONLY EMPLOYEES." Anyone want to weigh in on this?
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

Posting Permissions

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