Results 1 to 11 of 11

Thread: weird fed suit over NV parks gun ban, weird because the NRS says you can carry w/ccw

  1. #1
    Regular Member
    Join Date
    Jun 2008
    Location
    La Paz county, Arizona.
    Posts
    338

    weird fed suit over NV parks gun ban, weird because the NRS says you can carry w/ccw

    http://www.lasvegassun.com/news/2010...n-state-parks/

    its not clear to me whether the guy has a ccw or not, does he mean open carry? Frakin newspapers cant get anything right- the story does quote NRS in that you can carry ccw -but if you can open carry in nat parks/blm why should you be penalizes for open carry at a state park? anyway, I hope the suit wins for our cause- of course we shouldn't need a permit to open carry at a state park.

  2. #2
    Regular Member
    Join Date
    May 2008
    Location
    Sparks, NV, Nevada, USA
    Posts
    471
    IIRC, current State Park laws require firearms to be unloaded/locked away unless the person has a CCW and keeps it concealed. The wording is something to that effect, saying people need to carry within the conformity of the permit or something stupid.

    My take on the lawsuit is they're basically saying by denying the right of a loaded weapon to people without permits that those people are having their constitutional right violated. The Heller case maintained that a weapon shouldn't be required to be inoperable.

  3. #3
    Regular Member
    Join Date
    Jun 2008
    Location
    La Paz county, Arizona.
    Posts
    338

    that makes sense

    ^^
    makes sense to me, you should get a job at the newspaper jfrey!

  4. #4
    Regular Member
    Join Date
    May 2008
    Location
    Sparks, NV, Nevada, USA
    Posts
    471
    Bah... My grammar is too practiced and I can spell words longer than three syllables. There's no way the local papers would hire me.

    Plus, you know, my whole 'report the truth' idea. Oh God, that would never fly in journalism. lol

  5. #5
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  6. #6
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by jfrey123 View Post
    IIRC, current State Park laws require firearms to be unloaded/locked away unless the person has a CCW and keeps it concealed. The wording is something to that effect, saying people need to carry within the conformity of the permit or something stupid.

    My take on the lawsuit is they're basically saying by denying the right of a loaded weapon to people without permits that those people are having their constitutional right violated. The Heller case maintained that a weapon shouldn't be required to be inoperable.
    Worse. There is no discharging of firearms, and NO exemption for discharging for valid self-defense.

    Relevant Code: NAC 407.105
    Last edited by wrightme; 07-19-2010 at 09:20 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  7. #7
    Regular Member
    Join Date
    May 2009
    Location
    Las Vegas, Nevada, USA
    Posts
    1,251
    Quote Originally Posted by jfrey123 View Post
    IIRC, current State Park laws require firearms to be unloaded/locked away unless the person has a CCW and keeps it concealed. The wording is something to that effect, saying people need to carry within the conformity of the permit or something stupid.

    My take on the lawsuit is they're basically saying by denying the right of a loaded weapon to people without permits that those people are having their constitutional right violated. The Heller case maintained that a weapon shouldn't be required to be inoperable.
    I do not belive that conforming with the permit requires you to conceal, any more than having a drivers license requires you be the driver. from what i read, the statute does require a permit however, so I do have one and have been OCing in state parks with no issues.

  8. #8
    Regular Member
    Join Date
    May 2008
    Location
    Sparks, NV, Nevada, USA
    Posts
    471
    Quote Originally Posted by DON`T TREAD ON ME View Post
    I do not belive that conforming with the permit requires you to conceal, any more than having a drivers license requires you be the driver. from what i read, the statute does require a permit however, so I do have one and have been OCing in state parks with no issues.
    Good info, thanks!

  9. #9
    Regular Member
    Join Date
    Dec 2007
    Location
    Fallon, Nevada, USA
    Posts
    927
    Quote Originally Posted by DON`T TREAD ON ME View Post
    I do not belive that conforming with the permit requires you to conceal, any more than having a drivers license requires you be the driver. from what i read, the statute does require a permit however, so I do have one and have been OCing in state parks with no issues.

    You can lawfully CCW in a NV state park with a valid CCW permit.

    You cannot lawfully open carry in a NV state park without a valid CCW permit.

    Now, whether or not a CCW permit allows you to open carry or not - since "terms of the permit" do not specify 'must keep concealed' - well, who knows what an onscene cop or judge would decide. Interesting question.

    NAC 407.105:

    QUOTE

    NAC 407.105 Possession or use of weapons. (NRS 407.0475, 407.065)

    1. In any park, a person shall not:

    (a) Use a bow and arrow, slingshot or paint ball launcher;

    (b) Possess a firearm, unless:

    (1) The firearm is unloaded and inside a vehicle; or

    (2) The person in possession of the firearm has a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, and is carrying the firearm in conformity with the terms of the permit;

    (c) Discharge a weapon, including, without limitation, an air rifle, spring gun or air pistol; or

    (d) Throw a knife, hatchet, spear, stone or projectile,

    Ê except as authorized by the Administrator.

    2. The Administrator may designate zones in which a person may, for the purposes of hunting a species that is designated by the Board of Wildlife Commissioners as a game mammal or game bird pursuant to chapter 503 of NAC, carry and discharge a firearm or bow in accordance with the regulations of the Department of Wildlife. At each park in which a zone is designated pursuant to this subsection, the ranger in charge of the region or the supervisor of the park shall post at the headquarters of the park, and at each area within the park which is designated as a zone in which a person may carry and discharge a firearm or bow for the purposes of hunting, maps of the designated zones within that park.

    3. Target shooting is prohibited in all areas of a park, except in an area designated as a firing range.

    4. Use of a bow to kill, capture or injure a fish is prohibited within 100 feet of a swimmer.

    UNQUOTE

    I do hope we can amend the law in 2011.

  10. #10
    Regular Member Ronsmag's Avatar
    Join Date
    May 2010
    Location
    , ,
    Posts
    34
    NEVADA'S BAN ON FIREARMS IS UNCONSTITUTIONAL
    July 13, 2010 - For Immediate Release
    Contact: William Perry Pendley

    DENVER, CO. A University of Idaho law student, who often camps in Nevada, today filed a federal lawsuit in Nevada against various Nevada officials charging that the ban on possession and discharge of a firearm for self-defense in a state park violates the Second Amendment of the Constitution, as applied by the Supreme Court in a ruling last month. Al Baker, a NRA-certified Home Firearms Safety & Basic Pistol Instructor who is licensed in Idaho, Utah, and Oregon to carry a concealed handgun, is also an avid outdoorsmen and camps in northern Nevada, a few hours south of his permanent residence in Boise. One of the camping areas that he has visited in the past and intends to visit in the future is the Wild Horse State Recreation Area in Elko, Nevada, which provides campsites and other primitive amenities and makes an ideal base camp for hunters, hikers, and other outdoor enthusiasts. Mr. Baker has been advised that, if he brings a firearm for personal protection, he will be in violation of state law.

    “The Supreme Court’s ruling that the Second Amendment applies to the States via the Fourteenth Amendment makes it clear that the Nevada law is unconstitutional and must be stricken,” said William Perry Pendley, president of Mountain States Legal Foundation, which represents Mr. Baker.

    The Nevada Division of State Parks prohibits possession of firearms in state parks, with two narrow exceptions—that is, an unloaded firearm inside a vehicle and a concealed handgun carried by a person licensed pursuant to Nevada law—and prohibits the discharge of firearms, with no exception for self-defense.

    Nevada’s ban on firearms prohibits Mr. Baker from possessing a functional firearm when he is camping in Nevada State Parks. He must leave his firearm in his car, unloaded at all times, even in the case of a self-defense emergency. If he were to discharge a firearm in self-defense, that action would also violate the ban. The penalty for violating the Nevada firearms ban is 6 months imprisonment, or a $1,000 fine, or both.

    On April 12, 2010, Mr. Baker submitted a special use permit application for a group campsite at the Wild Horse State Recreation Area in Elko, Nevada, stating his intent to possess a functional firearm in his tent for self-defense purposes while camping at Wild Horse State Recreation Area. On June 1, 2010, Nevada officials notified Mr. Baker that he would be in violation of Nevada law if he did so.

    On June 28, 2010, in a 5-4 ruling, the Supreme Court of the United States held that “the right to keep and bear arms [are] among those fundamental rights necessary to our system of ordered liberty.”

    Mountain States Legal Foundation, founded in 1977, is a nonprofit, public-interest law firm dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. Its offices are in suburban Denver, Colorado.

  11. #11
    Regular Member 1245A Defender's Avatar
    Join Date
    Jul 2009
    Location
    north mason county, Washington, USA
    Posts
    4,381

    Good!!!

    time for the 2 A to be unleashed!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

Posting Permissions

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