Results 1 to 18 of 18

Thread: NV Handgun laws while in a vehicle?

  1. #1
    Regular Member
    Join Date
    Mar 2010
    Location
    , Utah, USA
    Posts
    48

    Post imported post

    Would anyone have the definitive answer about carrying a handgun in NV, in your vehicle?

    Have a UT CCW, I know that NV no longer offers reciprocity... however what about carrying it loaded in the vehicle and not on your person?

    Found conflicting info, wondered what the proper story is? HAve to make a RT to Las Vegas, won't be leaving the vechicle...

    Thank you

  2. #2
    Regular Member
    Join Date
    Jan 2010
    Location
    Las Vegas, Nevada, USA
    Posts
    208

    Post imported post

    In Nevada, the vehicle is considered an obstacle (such as a wall or door) and is not capable of causing concealment on its own. The best way of looking at it tends to be, if you were legal outside the vehicle, and get inside, you should be legal inside, providing that you haven't put on a jacket or some other item that does conceal.

    With that, the pistol can be loaded, and chambered, and stored anywhere within the vehicle (including glove box etc) and is not considered concealed. In order to be concealed, the weapon must be on the person, or carried by the person, and not plainly observable, with the caveat that the vehicle and the parts thereof are allowed to obscure the "plainly observable" without imposing concealment. It is essentially the same as walking behind a wall. The wall obscures, but does not mean you are concealing.

  3. #3
    Regular Member Sabotage70's Avatar
    Join Date
    Jul 2009
    Location
    Fabulous Las Vegas, NV, ,
    Posts
    844

    Post imported post

    Just don't CONCEAL it on you person. Open or concealed in the car is ok. North Las Vegas has laws on the books but state preemptive trumps those laws.
    EDC=XDm40 16+1+16+16

    RED DRAGONS!!!!

  4. #4
    Regular Member
    Join Date
    Mar 2010
    Location
    , Utah, USA
    Posts
    48

    Post imported post

    Interesting, thank you. If a traffic stop occured, do you have to tell LEO that you have a weapon in the vehicle?



  5. #5
    Regular Member Sabotage70's Avatar
    Join Date
    Jul 2009
    Location
    Fabulous Las Vegas, NV, ,
    Posts
    844

    Post imported post

    Trekker wrote:
    Interesting, thank you.Â* If a traffic stop occured, do you have to tell LEO thatÂ* you have a weapon in the vehicle?

    Â*
    Legally no. But if you have it in plain sight you might want to let them know before you go reaching around for your papers.
    EDC=XDm40 16+1+16+16

    RED DRAGONS!!!!

  6. #6
    Regular Member Vegas Rick's Avatar
    Join Date
    Oct 2009
    Location
    North Las Vegas, ,
    Posts
    113

    Post imported post

    Sabotage70 wrote:
    Just don't CONCEAL it on you person. Open or concealed in the car is ok. North Las Vegas has laws on the books but state preemptive trumps those laws.
    North Las Vegas is a pain. Rumor has it that the police chief resisted the mayor's and city legal council's advice to the city council to remove the statute after the 2007 preemption. The statute basically bans transporting a firearm in your car on an everyday basis.

    Rumor is that the reason for the chief's resistance is he likes the idea of having the statute as a tool to make detentions so that additional fishing can take place to get something solid for an arrest. Rumor is that the police won't use the statute to bother any "solid citizen."

    Speculation is that the statute would go away if ever challenged. Until then, then chief won't budge and has too much power for the city council to let it go.

    I was in a discussion about handgun laws with a security guard at Texas Station (while being escorted out for OC), who quoted the statute and insisted it was a good law. I suggested it was his civic duty to call the NLV police to report me for carrying my weapon in my car, and that I'd wait in my car for a while to give them time to arrive. He declined, so somebody else will be the heroic test case to get the statute finally squashed.
    "Let your gun be your companion on all your walks."
    -- Thomas Jefferson
    who might have wished he carried my .45ACP G-36 1+6+1

  7. #7
    Regular Member
    Join Date
    Apr 2010
    Location
    , ,
    Posts
    17

    Post imported post

    I live in NLV and have had two encounters with NLVPD. First one I was CC when stopped for a traffic violation. First thing I did when the officer got to the car was advise him I was carrying and that I had to reach around the gun to get to my wallet to show him my license. He told me to go ahead and get the license and my CCW. After taking my documents and returning to his car another car appeared within a minute or two. In the second carwere two offices. One of the officers assisted the guy who stopped me and the second one took a positionon the sidewalk and basicly watched my every move. Once I was checked out the officer returned to the car, thanked me for advising him I was carrying and suggested I slow down a bit. No ticket. Right or wrong I am a 45 year old while male driving a corvette.

    Next time I was stopped by NLVPD was in my truck. I was not CC but had a pistol cocked and locked in my console. I again told the officer when he got the to truck that the gun was there. This guy seemed a bit unsure as to how to handle it and he did not want me going into the console. He checked my license and insurance card and let me go.

    For the second stop I was driving my Ford F250 which has exhust sensors for emmision control. Every once in while the truck will clean the filter and put out white smoke. The cop was sitting behind me at a stop sign when the truck went into cleaning mode and put out a big puff a white smoke. He was not impressed.

    Anyways I have never had a problem with NLVPD be it CC or a gun loaded in my truck. I also open carry in NLV and not had a problem.

    I have heard on occation over the years that NLVPD were not pleasent to deal with but I have to say I have always be treaded very well the few times I have interacted with them.













  8. #8
    Regular Member Remmy's Avatar
    Join Date
    Jan 2010
    Location
    Las Vegas, Nevada, USA
    Posts
    296

    Post imported post

    There is no mention to handguns carried in vehicles thus it is legal to do so.

    NRS 503.165 Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions.
    1. It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.
    2. A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.
    3. The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.
    (Added to NRS by 1969, 1367; A 1971, 1542; 1981, 321; 1987, 596)
    Also the AG's opinion on what Concealed firearm means.


    OPINION NO. 93-14 CRIMINAL LAW; FIREARMS; WEAPONS: The language of NRS
    205.350 would be narrowly construed to include only those concealed weapons which are actually
    on the person or in a container carried by the person.
    Carson City, June 21, 1993
    Mr. Ben Graham, Deputy District Attorney, Clark County District, Attorney's Office, 200 S. Third
    Street - Seventh Floor, Las Vegas, Nevada 89155

    Dear Mr. Graham:

    This is in response to your opinion request regarding construction of Nevada's concealed
    weapon statute.

    QUESTION

    What constitutes carrying a concealed weapon?
    NRS 202.350 states in part:
    1. It is unlawful for any person within this state to:
    ....
    (b) Carry concealed upon his person any:
    (1) Explosive substance, other than ammunition or any components thereof;
    (2) Dirk, dagger or dangerous knife;
    (3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
    (4) Knife which is made an integral part of a belt buckle.

    FACTS

    The language of your opinion request suggests that your main inquiry deals with the proximity of the weapon to the person. Your letter states: A weapon carried on the person is obvious. The question gets more complicated with a weapon in a purse, briefcase, carry-on luggage and such when it is in fact carried by an individual. Place those containers on the floor next to the person. Put the same container in the passenger portion of a vehicle, the weapon in the glove box, console, under the seat? Your letter refers to several different scenarios and situations regarding the proximity of the weapon under which application of NRS 205.350 might be urged.

    ANALYSIS

    Our research has not revealed any case in which the Nevada Supreme Court has interpreted the precise language of NRS 202.350. However, as noted below, that language would have to be strictly construed. If the legislature's desire is to expand the statute to cover circumstances where a concealed weapon is immediately accessible, the language, such as "concealed on or about his person" would be required.

    Penal statutes are subject to strict construction, Sheriff v. Smith, 91 Nev. 729, 542 P.2d 440 (1975), and "a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential of due process." Sheriff v. Luqman, 101 Nev. 149, 155, 697 P.2d 107 (1985) (quoting Connally v. General Constr. Co., 269 U.S. 385, 391 (1926)). See Bradvica v. State, 104 Nev. 475, 477, 760 P.2d 139 (1988).

    Thus a narrow interpretation of the applicable language of NRS 205.350 is appropriate. People v. Pugach, 204 N.E.2d 176 (N.Y. Ct. App. 1964). A gun discovered in a briefcase being carried by a defendant was "concealed upon the person" and was within a statute proscribing carrying weapons concealed upon the person. A hand gun concealed in a suitcase and carried by a man is sufficiently "upon his person" to constitute a violation under a statute making it a misdemeanor to carry a concealed weapon on the person. People v. Dunn, 132 Cal. Rptr. 921, 922 (Cal. Ct. App. 1976). The phrase "upon the person" means that an article is either in contact with a person, or is carried in the clothing. Commonwealth v. Linzetti, 97 Pa. Super. 126 (1929). The word "upon" signifies close contact. A loaded revolver underneath a cushion in the rear seat of an automobile on which the defendant was sitting was not "upon the person," so defendant's conduct was not within the meaning of an act prohibiting carrying a deadly weapon concealed "upon the person." Id. Thus the phrases "concealed upon person," "upon his person," and "upon the person" have been interpreted to include weapons that are in contact with the individual or are being carried within a container by an individual.

    On the other hand, language such as "concealed on or about person" or "concealed on or about his person" has been interpreted to extend the proximity of the weapon necessary to constitute a violation of the statute. In State v. Scanlan, 273 S.W. 1062 (Mo. 1925), where the indictment
    charged the defendant with carrying a weapon concealed about his person, the jury was permitted to find him guilty if he carried the deadly weapon concealed upon his person since the word "about" includes everything included in the word "upon" and may, in addition, include much more.

    The words "on or about the person" have been applied to weapons concealed in such proximity to the person so as to be convenient to access and within immediate physical reach. Hampton v. Commonwealth, 78 S.W.2d. 748, 749 (Ky. 1934). See also Prello v. State, 168 N.E. 135, 137 (Oh.
    1929); Collier v. Commonwealth Ky., 453 S.W.2d 600, 601 (Ky. 1970). A loaded pistol locked in a glove compartment of an automobile which the defendant owned and was driving was "concealed on or about the person" of the defendant as defined by a concealed weapon statute. State v. Goodwin, 169 N.W.2d 270, 273 (Neb. 1969). It does not appear that the word "about" is always interchangeable with "on." See W. M. Moldoff, Annotation, Offense of Carrying a Concealed
    Weapon as Effected by Manner of Carrying or Place of Concealment, 43 A.L.R.2d 492, § 4(d)(1955).

    To violate a statute prohibiting carrying firearms "concealed on or about the person," the weapon must be actually concealed on the person or in such close proximity that it can be readily used as though on the person, without appreciable change in his position. See People v. Liss, 94 N.E.2d 320, 322-23 (Ill. 1950).

    Obviously, each factual situation will be different and may be interpreted differently according to language used in the statute. It seems relatively clear that the use of the words "on or about his person" extends the area from which the defendant could obtain the weapon. However, this language has limitations as well. In one case, the evidence showed that the defendant was riding in a wagon in which there were two other persons. A quarrel arose between the defendant and one of the others. The defendant took a pistol from a satchel under the seat. These facts were not
    sufficient to warrant a conviction of carrying a pistol "concealed on or about his person." Commonwealth v. Sturgeon, 37 S.W. 680 (Ky. 1896). There was no evidence as to whom the satchel belonged. There was no evidence as to who placed it in the wagon, or to whom the wagon belonged. Id. Obviously, various other factors need to be considered in determining whether a concealed weapon is "about" a person. However, that inquiry is beyond the scope of this opinion.

    CONCLUSION

    It is our opinion that the language of NRS 202.350 would be narrowly construed to include
    only those concealed weapons which are actually on the person or in a container carried by the
    person.

    Sincerely,
    FRANKIE SUE DEL PAPA
    Attorney General
    By: ROBERT E. WIELAND
    Deputy Attorney General

  9. #9
    Regular Member Vegas Rick's Avatar
    Join Date
    Oct 2009
    Location
    North Las Vegas, ,
    Posts
    113

    Post imported post

    I think your experiences are good examples of what I meant about the Municipal Code being selectively enforced in North Las Vegas. Here's the wording on the (preempted) rascal:

    "9.32.080 - Deadly weapon prohibited in vehicle—Exceptions.

    It is unlawful for any person to have in his possession in any automobile, truck, motorcycle, or any other type of vehicle any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation."

    There is supposed to be an email from the previous mayor Mike Montandon (while he was mayor) which confirms that 9.32.080 is voided by state law NRS 268.418. I haven't seen it, so it's still in the rumor category.

    "Let your gun be your companion on all your walks."
    -- Thomas Jefferson
    who might have wished he carried my .45ACP G-36 1+6+1

  10. #10
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,615

    Post imported post

    NRS 268.418 Limited authority to regulate firearms; restrictions concerning registration of firearms in city 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 city may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

    2. The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.

    3. If the governing body of a city in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.

    (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    4. Except as otherwise provided in subsection 1, as used in this section:

    (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

    (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

    (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

    (Added to NRS by 1989, 652; A 2007, 1289)

    North Las Vegas Code has can not withstand a challenge against NRS 268.418. I did not know that Nevada had a Preemption Statute until I just looked, but it is a good thing that they do, because; this could be used to straigthen Las Vegas out as well!

  11. #11
    Regular Member
    Join Date
    Mar 2010
    Location
    , Utah, USA
    Posts
    48

    Post imported post

    Thank you all for the great information!

    Trekker

  12. #12
    Regular Member
    Join Date
    Mar 2012
    Location
    Douglas County
    Posts
    3

    Maintaining a weapon in your vehicle

    This is the same issue we've all watched state by state. I work for a large company that has a work place violence policy. Within that policy there is a section of prohibeted acts. One such act is having a firearm locked in your vehicle vhile said vehcle is on company property*


    Now there is a new foot note

    *Except in such states where there are statutary laws allowing weapons to be mainted in the vehicle.


    I'm paraphrasing, but that's the nuts and bolts of it. Regardless I beleive Nevada has no law which makes it illegal to have a firearm stored in your vehicle as long as you have not lst your rights to own a weapon. But Nevada does not have a statute that specifically states you can maintin a weopan in your vehicle.

    I think the difference is while it is not illegal to carry a weapon in Nevada as is written in the AG's opinions, the legislature has written no law or statute that specifically protects that right.

    What are the opinions in here?

    My opinion is I'm not a huge fan of leaving a gun in my car there are cases where it is important. Denying my right to have my gun anywhere on company property denies my 2nd ammendment right to keep and bear and to use my weapon in selfe defense as I travel to and from work.

    Thanks
    Last edited by ssheets; 03-31-2012 at 03:28 AM.

  13. #13
    Founder's Club Member The Big Guy's Avatar
    Join Date
    Oct 2009
    Location
    Henderson, Nevada, USA
    Posts
    1,820
    Quote Originally Posted by ssheets View Post
    This is the same issue we've all watched state by state. I work for a large company that has a work place violence policy. Within that policy there is a section of prohibeted acts. One such act is having a firearm locked in your vehicle vhile said vehcle is on company property*


    Now there is a new foot note

    *Except in such states where there are statutary laws allowing weapons to be mainted in the vehicle.


    I'm paraphrasing, but that's the nuts and bolts of it. Regardless I beleive Nevada has no law which makes it illegal to have a firearm stored in your vehicle as long as you have not lst your rights to own a weapon. But Nevada does not have a statute that specifically states you can maintin a weopan in your vehicle.

    I think the difference is while it is not illegal to carry a weapon in Nevada as is written in the AG's opinions, the legislature has written no law or statute that specifically protects that right.

    What are the opinions in here?

    My opinion is I'm not a huge fan of leaving a gun in my car there are cases where it is important. Denying my right to have my gun anywhere on company property denies my 2nd ammendment right to keep and bear and to use my weapon in selfe defense as I travel to and from work.

    Thanks
    What comes to mind for me is, why would they know you have a firearm in your vehicle?

    TBG
    Article 1, Section 11, #1 of the Nevada Constitution: Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use ..

    Life member GOA and NRA. Member SAF, NAGR, & former member NVFAC.

  14. #14
    Regular Member
    Join Date
    Aug 2011
    Location
    Bay Area
    Posts
    13
    I too have questions

    Next week I am going to Frontsight for 4 days training, and it would my first time entering NV since I bought my pistols.

    My plan is to OC handgun once I crossed the border from California, but unloaded and lock it in locker once I reached my hotel to prevent unnecessary troubles.
    I also have a rifle with me, and it will remain unloaded all time until I reach a range.
    According to the pamphlet I should have no trouble driving on highway while OC handguns.

    But I just want to make sure again that is there anything I need to be careful in NV?

  15. #15
    Founder's Club Member The Big Guy's Avatar
    Join Date
    Oct 2009
    Location
    Henderson, Nevada, USA
    Posts
    1,820
    Quote Originally Posted by Lugiahua View Post
    I too have questions

    Next week I am going to Frontsight for 4 days training, and it would my first time entering NV since I bought my pistols.

    My plan is to OC handgun once I crossed the border from California, but unloaded and lock it in locker once I reached my hotel to prevent unnecessary troubles.
    I also have a rifle with me, and it will remain unloaded all time until I reach a range.
    According to the pamphlet I should have no trouble driving on highway while OC handguns.

    But I just want to make sure again that is there anything I need to be careful in NV?
    Yeah, the slot machines...

    TBG
    Article 1, Section 11, #1 of the Nevada Constitution: Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use ..

    Life member GOA and NRA. Member SAF, NAGR, & former member NVFAC.

  16. #16
    Regular Member
    Join Date
    Dec 2007
    Location
    Fallon, Nevada, USA
    Posts
    897
    Quote Originally Posted by Vegas Rick View Post
    Sabotage70 wrote: Rumor has it that the police chief resisted the mayor's and city legal council's advice to the city council to remove the statute after the 2007 preemption.
    Not a rumour!


    See http://forum.opencarry.org/forums/sh...ight=montandon
    Felid`Maximus


    imported post
    Couldn't exactly find something online from the mayor, but I found this blog which mentions it.

    http://art1sec11.blogspot.com/2008/0...pot-shots.html

    Tim, one of our loyal readers, has received a letter from Mayor Mike Montandon of North Las Vegas indicating that he is fully in favor of doing away with the unconstitutional and now illegal firearms related ordinances found in his fair city. Mayor Mike is a firearms enthusiast himself and has been trying to convince his city council that these ordinances found in 9.32.010 through 9.36.200 of the City of North Las Vegas city code should be scrapped. We have heard that a major reason former NLV Police Chief Mark Paresi became “former” was based on his lack of support for Mayor Mike’s initiative. We’re crossing our fingers that the mayor gets the council to side with him before someone sues his city for violating Nevada State statutes.






    06-27-2008, 05:44 AM #9
    timf343

    imported post
    That "Tim" refers to yours truly.

    I do not have a link, only a private email I exchanged with the mayor. I just sent him another note asking him to correct his subordinate, Mr Hoyt, and request the newspaper print a correction.

    Tim



    And, from a post that is no longer available (available only to admins) as it was on the old OC forum:
    timf343 wrote:
    SUCCESS!
    A reply from the Mayor of North Las Vegas, and it looks like a step in the right direction.


    Tim,
    Thanks for writing. I have been trying for years to get our unconstitutional code changed, but didn't have the support of my council. Now that SB92 has passed, our current code is moot, and we have to rewrite it. I am working with legal on a draft that does better than just making us compliant with State Law. It should be passed in a month or so. Thanks for paying attention, we need more of you,
    Mayor Mike
    I am not famiiar with the current NLV Mayor. Anyone know his stance on the issue??

  17. #17
    Regular Member usmcmustang's Avatar
    Join Date
    Sep 2011
    Location
    Las Vegas, NV & Southern Utah
    Posts
    393
    This stuff about North Las Vegas is and is not correct. Concealed carrying in a vehicle in North Las Vegas is within the law as long as one is CCW. Their City Ordinance with respect to defining what a "dangerous weapon" IS, disqualifies someone CCWing as violating the City Ordinance of possessing a firearm in a vehicle: "...“The term ‘dangerous or deadly weapons’ includes… any firearm other than (a) one carried pursuant to a valid permit, issued by a duly authorized government authority..." That's from North Las Vegas Municipal Ordinance 9.32.040. The "problem" comes when one is OCing and is further "complicated" if one is OCing and does NOT have a CCW. The North Las Vegas Police Department does not "like" that scenario and will arrest if they stop someone doing just that.

    My son (who OC's all the time but has no CCW permit), was stoped in NLV for a minor traffic violation and before he went to reach for his DL, Reg, Ins, he advised the cop that he was open carrying (had to reach near his firearm to get the documents and didn't want the cop to think he was "going for a gun"). Well, when he advised the cop of his open carrying, cop immediately called for backup, arrested my son, and impounded his car, and took my son to jail... for violating NLV
    Municipal Ordinance 9.32.080 - dangerous or deadly weapon in vehicle.

    My son plead not guilty to the weapons charge in NLV Muni Court... and the charge was dismissed... so much for "challenging" the law. And... that's the problem - one WILL be arrested and jailed by the NLV cops for violation the City Ordinance but there will never be a "challenge" allowed in their kangaroo, non-record muni court.

    All of this is (in detail) posted elsewhere on this forum if anyone is interested.


  18. #18
    Regular Member
    Join Date
    Mar 2012
    Location
    Douglas County
    Posts
    3
    First, to reply to the question "how would they know you have weapon in your vehicle." that's a moot point. I agree if your car is locked they would need LEO with a search warrant, That being said, that doesn't answer the question about the statute...plus the fact that NV is a right to work state so they can fire you for refusing to open your car whil on company property.

    As for you NLV guys. I just got pulled over by an NHP motorcyle trooper. I just got to the speed reduction zone while I was going around some idiot that swicthed lanes right in fron of me. Well, the trooper pulled me over and I was carrying my Kimber in my daughters glove box with the reg. and ins. I told my daughter not to touch the glove box and waited for the trooper to approach. When he did I told him "I have a CCW and I had a loaded .45 in the glove box. He smiled a big grin and said "Thanks, just don't touch it when you grab the papers." He glanced them over and said "today's a good day for a warning, drive safe."

    For the california guy, you don't need a CCW to carry in car in NV. It's well defined NV law that you can carry in your console or under your seat etc in the State of NV without a CCW. NLV is the only problem town.
    Last edited by ssheets; 04-02-2012 at 10:29 PM.

Posting Permissions

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