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Thread: Letter to my assemblyman

  1. #1
    Regular Member Nevada carrier's Avatar
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    Madam Assemblyman,

    I am a concerned citizen, Nevada resident, Registered Voter, Firearm owner and frequent passenger on RTC public transportation services in Las Vegas. It has come to my attention that the RTC of Southern Nevada is prohibiting law abiding citizens from legally carrying their firearms onto RTC busses. As I am sure you are aware NRS 244.364 has this to say with regard to firearm legislation:

    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.
    RTC being an agency of the state may only enact policies and procedures in accordance with state legislation with regard to possession and transportation of firearms. To that end, there is no revised statute specifically prohibiting passengers from exercising their right to carry firearms, openly or lawfully concealed while riding on RTC busses.

    It is vitally important that law abiding citizens have every means to transport their firearms from anywhere they may lawfully possess them to anywhere they may lawfully posses them. To restrict the transportation of firearms would be an obstruction the peoples rights under the Second Amendment of the US constitution as well as the rights of Nevada residents under the Nevada constitution.

    A common first instinct for many who attempt to interpret the law is to suppose that because there is nothing in the Nevada Revised Statute specifically allowing firearms on RTC operated public transportation, they may not be allowed to do so. This is not in keeping with the founding principles of a free state. In a free state it is never necessary to enact any law specifically authorizing any activity. The freedom to do anything in a free state is assumed unless otherwise prohibited by law. To my knowledge, there is no law in the state of Nevada which prohibits me from lawfully carrying my firearm on RTC public transportation therefor it is assumed that I am within my right to do so. In keeping with NRS 244.364, RTC is not granted the authority to enact any policy absent specific authorization from the Nevada Legislature with regard to the possession, carry or transportation of firearms.

    I urge you to address this matter forthwith, as every day this remains unaddressed is another day that one of your constituents’ Constitutional rights are obstructed. I have included the contact information for those representatives of the RTC whom have authority of this matter. They are;

    Tracy Bower,
    Director of Government Affairs
    (702) 676-1730 office
    (702) 232-4888 cell

    Allison Blankenship,
    Public Information Supervisor
    (702) 676-1714 office
    (702) 469-9916 cell


    Very respectfully,


    [edited]
    Registered Voter, District 8
    Nevada Campus Carry: The Movement Continues
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  2. #2
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    I talked to a friend of mine...he is a lawyer...
    He told me, the driver is responsible for the safety of the people on the bus, therefore if he dont want you to ride on his bus with a fire arm he can reject you.... Just like a property owner can...he is responsible for any thing going on in the bus...
    Try to carry your 120 pit bull on the bus....ill bet you dont get to ride....

    but just my 2 cents worth...:what:

  3. #3
    Regular Member Nevada carrier's Avatar
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    The driver is not granted the authority to regulate the possession, or transportation of firearms by specific statute.
    Nevada Campus Carry: The Movement Continues
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    He has the same right as an owner or manager of a store...he can refuse you service....
    he is the manager....he can just call the police and trespass you, and have you taken to jail...

  5. #5
    Regular Member Nevada carrier's Avatar
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    If the RTC where privately owned and operated you would be correct, because it is publicly owned they do not reserve the right to refuse service to anyone for any reason.
    Nevada Campus Carry: The Movement Continues
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    Nevada carrier wrote:
    If the RTC where privately owned and operated you would be correct, because it is publicly owned they do not reserve the right to refuse service to anyone for any reason.
    You are entitled to your opinion...perhaps you could prove your point by carrying your gun on the buss ...tell the operator he don't have the right to kick you off, then post the results:?

  7. #7
    Regular Member Nevada carrier's Avatar
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    I'm taking a more diplomatic approach. I'm keeping in touch with my assemblyman, the GONV, and the RTC Director of Government Affairs on the issue. Doing something that may get me arrested or forbidden from using the service I depend on to get to work would be counter productive.

    If I have to go to Carson City to have my voice heard, I will.
    Nevada Campus Carry: The Movement Continues
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    I agree with Nevada carrier. A private organization has say over it's private property, but public property belongs to everyone and public agents are restricted to doing what the law allows them to do.

    As far as I'm concerned the RTC has about as much authority to ban guns on their buses as they do to ban people from getting on with a cane. Both could be used to hurt someone on a bus, but the bus driver is a public servant and doesn't have a say on who is allowed to receive public services absent a law that provided them with the authority to discriminate.

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    Felid`Maximus wrote:
    I agree with Nevada carrier. A private organization has say over it's private property, but public property belongs to everyone and public agents are restricted to doing what the law allows them to do.

    As far as I'm concerned the RTC has about as much authority to ban guns on their buses as they do to ban people from getting on with a cane. Both could be used to hurt someone on a bus, but the bus driver is a public servant and doesn't have a say on who is allowed to receive public services absent a law that provided them with the authority to discriminate.
    Agreed.

    State preemption law applies.

  10. #10
    Regular Member Nevada carrier's Avatar
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    I just received word back from the office of assemblywoman Barbara Buckley. Her Senior Research analyst has informed me that He and Administration at the RTC have conferred that so long as the firearm is properly registered pursuant to local ordinances citizens are allowed to posses firearms aboard RTC buses.

    I'm still going to monitor this situation so that citizens have something to stand on should they be refused access to these facilities.

    Because of a disclaimer regarding the redistribution of the actual e-mail I will not forward or redistribute it until I receive authorization to do so from the assemblywoman's office.
    Nevada Campus Carry: The Movement Continues
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  11. #11
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    EXCELLENT WORK! Thank you for taking the time to go through these hoops and not take NO for an answer.

    Tim

  12. #12
    Regular Member Nevada carrier's Avatar
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    I just spoke to Allison Blankenship, Public Information Supervisor at the RTC. She has informed me that barring any federal law (they are still researching)that may be relevant to firearms on public transportation, their next weeks agenda is to write a policy instructing RTC Drivers, security officers and supervisors of the rights of passengers to carry firearms aboard RTC buses. She informed me that when they have done so she will send me a copy.

    It looks like this is coming along nicely, and it could be done without one call to the police, anyone getting detained, tazed or arrested. I expect to chalk this up in the win column very soon. Stay tuned everyone, when this policy statement is released, I will post it.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

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    Any result yet?

  14. #14
    Regular Member Nevada carrier's Avatar
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    The Nevada legislature is clear that in their opinion the RTC may not restrict passengers from carrying firearms under state law. The RTC is now looking into federal statutes and barring any federal regulation they will issue a policy to their drivers, supervisors and security personnel some time next week explaining that passengers are permitted to carry firearms so long as they are in compliance with all relevant firearms laws.

    The only hang up I can see coming is when a driver thinks they are allowed to determine who is and is not in compliance. If and when I encounter this, I will inform them that only law enforcement may make that determination and they are more than welcome to delay and inconvenience every other passenger on their bus to wait for metro to show up. Most likely they will just give up and drive the bus.

    As much as some may not like it, they need to understand that people have the right to be armed. The political process works for them just as it does for us. I tell them exactly what I tell everyone, write your representatives and vote if they want their opinion to be heard. There is nothing more powerful that the voice of a registered voter. Well maybe a group of them all chanting the same thing.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

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    Nevadacarrier,

    Awesome job!!

    Thank you for taking care of this. I don't ride public transportation but this is an important issue for those that do.

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