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Thread: Boulder city barbecue

  1. #1
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    is it legal to open carry in boulder city? i have seen conflicting information. i was thinking of going to the boulder city barbecue today

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    Regular Member Sabotage70's Avatar
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    drfitz710 wrote:
    is it legal to open carry in boulder city? i have seen conflicting information. i was thinking of going to the boulder city barbecue today
    BC does have laws on the books. From what I hear is that they realize that state preemptive overrides them.
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    i just looked up the boulder city baebecue web page and it is held in the city park would that be a problem oc as well?

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    Regular Member Sabotage70's Avatar
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    Yes. For some reason we have been told that they will enforce that law. Even though state should override.
    Tim is wait for word from the state AG on whether they can enforce that or not. Which should be coming soon.
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    Regular Member Sabotage70's Avatar
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    Give it a shoot and let us know how it turns out..

    J/k I would wait till we get clarification before you carry in a park.
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    Boulder City Code 7-1-3 prohibits carrying a firearm (unless it is unloaded and in a case) within 1000 yards of "any building, street, sidewalk, alley, highway or public place". So that's pretty much everywhere.

    Boulder City City Attorney Dave Olsen (yes, I typed City twice, he is the attorney that represents the city) is fighting to rid Boulder City of this unlawful and unenforceable code. See:

    http://www.lasvegassun.com/news/2010...-boulder-city/

    Boulder City Code 7-5-7 states prohibited activity within City parks, which does not prohibit carrying firearms.

  7. #7
    40xdotra
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    Just for information another thing to consider if the park you are talking about is the one where the public pool is, it is surrounded by I believe three schools.

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    Nevada Revised Codes 244.364, 268.418, and 269.222 impair the ability of any County, City within a County, or Town within a County (whereupon the County has a Population of 400,000, or more) to Regulate Firearms in any capacity, except:

    1. The same may Regualte the Unsafe Discharge of Firearms, and

    2. If enacted on or before June. 13, 1989, continue to require the Registration ofFirearms capable of being Concealed on the Person (Pistols), except that one must live there for at least 60 daysOR within 72 hours of transfer while there.

    Boulder City is prohibited from RegulatingFirearms any more stringently than that.

    One may Openly Carry a Firearm anywhere in Nevada (as long as you are not a Felon or otherwise Prohibited form having a Firearm) except Property that belongs to Schools, Child Care Facilities, or The Nevada System ofHigher Education.

    Open Carryon Nevada System of Higher Education and Child Care Facilities is not possible, however; Concealed Carry on those placesis possible under Nevada Revised Code 202.3673, if you are eligible under NRS 202.3673(4)(a) through NRS202.3673(4)(d). Also citied, as a Defense, is NRS 202.265. NRS 202.365(3)(a)(3) mimics 202.3675(4)(d), itself.

    Public Buildings that have a Metal Detector (Courthouses, Jails, and Prisons)are off-limits to Concealed Carry, unless an exception applies under NRS 202.3673(4)(a) through NRS202.3673(4)(d), however; Open Carry is not infringed upon in this area.

    This is interesting: Open Carry in Courthouses is REQUIRED, however; Concealed Carry in Schools (...and the like) is REQUIRED. Somehow, Open Carry in a Courthouse is OK, but not while at a School..., I guess it is for the Children!

    P.S.: Nevada does not follow 18 U.S.C. 922(q), in regards to 18 U.S.C. 921(25)(b), and therefore, hence, Nevada does not incorporate the 1000' foot rule, in pertinant to School Safety Zones. Therefore,a Manmay Carry a Firearm as close as He wants to towards any School, or beside the same, and, so as long as he does not go upon the Property itself, He is fine.

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    Regular Member Nevada carrier's Avatar
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    40xdotra wrote:
    Just for information another thing to consider if the park you are talking about is the one where the public pool is, it is surrounded by I believe three schools.
    Pub.L. 101-647, 18 U.S.C. § 922(q)
    In general, the GFSZ Act of 1990 added two paragraphs in a new subsection (q) to Section 922 of Title 18 of the U.S. Code:
    (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.
    The state of nevada does not require a license to carry a firearm specificaly mentioning proximity to schools. They do however specificaly forbid prsession under any circumstances without written approval from the governing authority of the facility while on school grounds

    While IANAL, I believe the federal law allows nevada by default to disreguard any restriction on proximity to schools as NRS 202.265 states the following:

    1. Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:
    (a) An explosive or incendiary device;
    (b) A dirk, dagger or switchblade knife;
    (c) A nunchaku or trefoil;
    (d) A blackjack or billy club or metal knuckles;
    (e) A pistol, revolver or other firearm; or
    (f) Any device used to mark any part of a person with paint or any other substance.
    2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
    3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:
    (a) A private or public school or child care facility by a:
    (1) Peace officer;
    (2) School security guard; or
    (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.
    (b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.
    4. The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.
    5. For the purposes of this section:
    (a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.
    (b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.
    (c) “Nunchaku” has the meaning ascribed to it in NRS 202.350.
    (d) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.
    (e) “Trefoil” has the meaning ascribed to it in NRS 202.350.
    (f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.
    (Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913)
    So long as you are not on school grounds, proximity is irrelevant. There is no license in the state of Nevada that specifically mentions proximity to schools, therefore, in keeping with the founding principals of a free nation, We are not prohibited to do so.

    In order to be charged with this crime, you would have to be held in federal detention, charges must be filed with a federal prosecutor and you would have to be tried in federal court. It is highly unlikely that any attempt would be made to charge you with violating the federal 1000 foot rule barring some other charge such as possession of a firearm by a convicted felon. Believe it or not, many laws are on the books so they can have more things to charge you with in order to "lock someone up and throw away the key." "Oh busted with 50 little baggies of weed in your car?" "That will be 5 years for the weed, another 5 years for intent to distribute, tack on another 5 years for being in near a school, and by the way since your a convicted felon with a gun, here's another 5 years, and having a gun in a school zone will be 5 more." "Your Honor, the people ask that all sentences be served consecutively!"

    I walk along Reno Avenue in Las Vegas directly adjacent to Helen Jydstrup Elementary while OCing several times a week. Many times I've done so while children are in the playground on recess and even when school is just letting out and there are parents parked bumper to bumper waiting to pick up children. No one has ever called the police on me for doing so.
    Nevada Campus Carry: The Movement Continues
    http://nvcampuscarry.blogspot.com

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    So Just to confirm. The deadly weapons laws in Boulder City are no longer being enforced (despite the preemption law)?

    This would be fantastic news. I travel through BC often from AZ and have in the past stopped to case my firearm before passing through. In fact often times have driven through Laughlin simply to avoid the Boulder city law.

    Any confirming or declining response is appreciated.

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    Regular Member greengum's Avatar
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    A breakdown of that federal law and the Lopez case discussed here from the University of Southern California law school.

    http://www.youtube.com/watch?v=9qFxFiMEioU

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