• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

State of Nevada oc law/North Las Vegas/ Boulder City?

H

heads united

New member
Joined
Sep 3, 2010
Messages
8
Location
boulder city, nevada
​
Hello,I'm Buzz and this is my first post. I moved to Boulder City from Las Vegas in April of this year. The research I've done about the oc laws in the state of Nevada says that the state oc law does not apply in North Las Vegas and Boulder City. I'm not sure about North Las Vegas, I haven't contacted the authorities there yet because my first concerns were in Boulder City because I live here now. It took me awhile but I finally got the information I was seeking. I discussed the oc law with the Boulder City Police Dept., the City Manager and the City attorney. There was an ordinance that prohibited oc within the city limits of Boulder City. The city had problems enforcing the ordinance because the state law over ruled it, but it was a hassle for those that were busted for it. Before I started oc in Boulder City I just wanted to know what I was going to be up against. Well things were hashed around a bit until I got tired of the run around. I finally asked the City Manager why I couldn't get a simple answer to a simple question. The Police Dept. couldn't answer, the City Manager couldn't answer and the City Attorney couldn't answer. After I asked the City Manager one final time, she passed it to the City Attorney to clarify it with me. They were telling me the City Council was going to bring it up again for discussion. Finally the City Attorney e-mailed me (I still have a copy of it) saying that the state law over rides the City ordinance and there would be no one in Boulder City prosecuted for oc, that the City ordinance was no longer being enforced as of this inquiry. Probably wouldn't be a bad idea to have an oc march in Boulder City just to educate the police dept. and citizens of this peaceful little town, that it would remain that way even with it's law abiding citizens oc. I would think this same scenario would apply to North Las Vegas??? Anyway, sorry my first post was so long but I hope it was informative and helpful to someone out there.
 
Sabotage70

Sabotage70

Regular Member
Joined
Jul 14, 2009
Messages
844
Location
Fabulous Las Vegas, NV, ,
I don't know about a march. but a trash pick up might be in order. Or does BC have there own city park that is not a Clark county park? If so maybe a BBQ sounds like a winner to me. Or say eff it and go for a county park and kill two birds with one shot. Yes pun was intended. ;^)
 
D

DON`T TREAD ON ME

Regular Member
Joined
May 17, 2009
Messages
1,231
Location
Las Vegas, Nevada, USA
I like it, as it starts getting cooler it will be cool to hang outdoors again. Another Idea if the park thing in Boulder City doesn't work, would be Boulder beach on lake Mead, as the National parks are A-OK we could pick up some trash,in BC and then BBQ at the beach....:monkey
 
Remmy

Remmy

Regular Member
Joined
Jan 31, 2010
Messages
296
Location
Las Vegas, Nevada, USA
DON`T TREAD ON ME said:
I like it, as it starts getting cooler it will be cool to hang outdoors again. Another Idea if the park thing in Boulder City doesn't work, would be Boulder beach on lake Mead, as the National parks are A-OK we could pick up some trash,in BC and then BBQ at the beach....:monkey
Click to expand...

What about those without a CCW wouldn't they face prosecution?
 
2

28kfps

Guest
Nice legwork. Like to hear first hand info. Can you post a copy of the e-mail?
 
Nevada carrier

Nevada carrier

Regular Member
Joined
Mar 30, 2010
Messages
1,293
Location
The Epicenter of Freedom
If either N. Las Vegas, or Boulder city were to prosecute someone under their law and it was not contested, they get the check in the win column. If they charge someone and there is even a hint of contest they drop the charge. This is just supposition on my part, but lets say the Police in either place make a major arrest, they get some Illegal Drugs, They nab a felon with a gun in violation of their parole, they tend to charge them with everything under the sun. The reason is that the game being played is the plea agreement game. We'll agree to drop certain charges (even if they are unenforceable because of preemption) in exchange for guilty please on the more serious charges. When you break it down on paper if someone is looking at 30 years of prison time, but they could cut it in half by pleading guilty to some and get the others dropped, they'll make the deal.

Many of these types of criminals are represented by public defenders. Public defenders are required by the State Bar of Nevada to do so many hours of this work per year to retain their license. The State Bar doesn't really look all that closely at how good of a job they are doing, so they typically do as little legal work as possible since they aren't getting paid.

And there you have it.

Yes, The state has preempted all local ordinances except registration in counties with populations over 400,000. Boulder city's law as well as N. Las Vegas's law are both null and void, just don't expect a public defender to make a case for you. Hire a private attorney or represent yourself.
 
Last edited:
Remmy

Remmy

Regular Member
Joined
Jan 31, 2010
Messages
296
Location
Las Vegas, Nevada, USA
Last I knew Lake Mead is a national park and in order to carry concealed or open one must have a Concealed Weapons Permit
 
Last edited:
V

Vegassteve

Regular Member
Joined
Apr 15, 2008
Messages
1,763
Location
Las Vegas NV, ,
Remmy said:
Last I knew Lake Mead is a national park and in order to carry concealed or open one must have a Concealed Weapons Permit
Click to expand...


Where do you read that one needs a CCW do carry open in National Park? Again I posted the law that went into effect and this one unlike the one that was struck down does not say it follows state park rules. If you can point to something in the law that says different I am all eyes and ears.
 
2

28kfps

Guest
heads united said:
​
Finally the City Attorney e-mailed me (I still have a copy of it) saying that the state law over rides the City ordinance and there would be no one in Boulder City prosecuted for oc, that the City ordinance was no longer being enforced as of this inquiry.

Great work. Can you post a copy of the e-mail.
Click to expand...
 
Remmy

Remmy

Regular Member
Joined
Jan 31, 2010
Messages
296
Location
Las Vegas, Nevada, USA
Vegassteve said:
Where do you read that one needs a CCW do carry open in National Park? Again I posted the law that went into effect and this one unlike the one that was struck down does not say it follows state park rules. If you can point to something in the law that says different I am all eyes and ears.
Click to expand...

Since we live in a digital world and I don't feel like doing most of the work and research thats already been done I will take Tread's Post from the thread located here: http://forum.opencarry.org/forums/s...ate-parks&highlight=open+carry+national+parks which is ultimately Tim's research into nation park carry. The thread also discusses the federal law in which it defers to state laws regarding Park carry.

You can also read into this issue more from the thread located here: http://forum.opencarry.org/forums/s...COMING.!!&highlight=open+carry+national+parks which is where the below quote originates from.

DON`T TREAD ON ME said:
here is the law for state parks recycled from a previous post.

Nevada Administrative Code Chapter 407 covers firearms in State Parks.

http://www.leg.state.nv.us/nac/NAC-407.html

Relevant Code Section:

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
​
So what are the TERMS of the permit? TERMS of the permit would be those rules which the permittee must follow when carrying. Let's examine each and every law related to concealed weapons:

NRS 202.3653 - Definitions.
Rules for the permittee when carrying? NO

NRS 202.3657 - Application for permit; eligibility; denial or revocation of permit.
Rules for the permittee when carrying? NO

NRS 202.366 - Investigation of applicant for permit; issuance or denial of permit; expiration of permit.
Rules for the permittee when carrying? NO

NRS 202.3662 - Confidentiality of information about applicant for permit and permittee.
Rules for the permittee when carrying? NO

NRS 202.3663 - Judicial review of denial of application for permit.
Rules for the permittee when carrying? NO

NRS 202.3665 - Duties of sheriff upon receiving notification that applicant or permittee has been charged with or convicted of crime involving use or threatened use of force or violence.
Rules for the permittee when carrying? NO

NRS 202.3667 - Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.
Rules for the permittee when carrying? YES

NRS 202.367 - Duplicate permit; notification to sheriff of recovered permit; penalty.
Rules for the permittee when carrying? NO

NRS 202.3673 - Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.
Rules for the permittee when carrying? YES

NRS 202.3677 - Application for renewal of permit; fees; demonstrated continued competence required.
Rules for the permittee when carrying? NO

NRS 202.3678 - Application for certification as qualified retired law enforcement officer; fee.
Rules for the permittee when carrying? NO

NRS 202.368 - Fees to be deposited with county treasurer.
Rules for the permittee when carrying? NO

NRS 202.3683 - Immunity of state and local governments from civil liability.
Rules for the permittee when carrying? NO

NRS 202.3687 - Temporary permits.
Rules for the permittee when carrying? NO

NRS 202.3688 - Circumstances in which holder of permit issued by another state may carry concealed firearm in this State; holder of permit issued by another state subject to same restrictions and requirements as holder of permit issued in this State.
Rules for the permittee when carrying? NO

NRS 202.3689 - Department to prepare list of states that meet certain requirements concerning permits; Department to provide copy of list to law enforcement agencies in this State; Department to make list available to public.
Rules for the permittee when carrying? NO

NRS 202.369 - Regulations.
Rules for the permittee when carrying? NO

So out of the 17 code sections related to concealed weapons, only 2 are related to what the permit holder must do. The rest is the bureaucratic nonsense.

Since there are only 2 code sections to review, let's look at each of them:


NRS 202.3667 Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.
1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.
2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.
​
This requires permit holders to carry the permit with "proper" identification. I never understood what was required of this "proper" identification since the CCW has your name, address, and picture on it already. But even if you fail to have "proper" identification with you, it's not criminal. It carries a minimal $25 civil penalty.


NRS 202.3673 Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.
1. Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.
2. A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.
3. A permittee shall not carry a concealed firearm while he is on the premises of:
(a) A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to subparagraph (3) of paragraph (a) of subsection 3 of NRS 202.265.
(b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.
4. The provisions of paragraph (b) of subsection 3 do not prohibit:
(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.
(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he is on the premises of a public building.
(c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.
(d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.
5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.
6. As used in this section:
(a) “Child care facility� has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.
(b) “Public building� means any building or office space occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or
(2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.
​
Relating this just to parks:

1. Unless prohibited by 2 or 3, you can carry into any public building in any park.
2. Public airports don't exist within state parks, N/A
3a. If there is a school building or child care facility within the park, you can't carry into it. This is redundant, since NRS 202.265 already makes this illegal.
3b. If any building within the park has metal detectors at each public entrance, or a sign prohibiting firearms at each public entrance, you cannot carry into it.
4a. No courthouses within public parks. N/A
4b. If you are a prosecuting attorney anywhere in the USA, you're above the law.
4c. If you're employed in a public building within the park, even if it has metal detectors or signs, you may carry concealed within that public building.
4d. If you have permission from the administrator of the building, you may carry.
5. Penalty
6. Definitions

http://www.leg.state.nv.us/Nrs/NRS-202.html#NRS202Sec3653


Thanks Tim,
Click to expand...

Do I agree with these laws? NO, just like I dont believe clark county parks have any authority to prohibit any type of carry. The new federal law is a step in the right direction however, so our efforts should be spent towards striking such laws from the state which I hope the lawsuit over preemption will make a huge dent if not correct these issues.
 
Last edited:
V

Vegassteve

Regular Member
Joined
Apr 15, 2008
Messages
1,763
Location
Las Vegas NV, ,
Remmy said:
Since we live in a digital world and I don't feel like doing most of the work and research thats already been done I will take Tread's Post from the thread located here: http://forum.opencarry.org/forums/s...ate-parks&highlight=open+carry+national+parks which is ultimately Tim's research into nation park carry. The thread also discusses the federal law in which it defers to state laws regarding Park carry.

You can also read into this issue more from the thread located here: .
Click to expand...

I have read the thread and page 2 of that thread makes my point. The new law that I linked to is not like the first law that was struck down. The new law DOES NOT refer to state parks at all, only state law on carry. You may CC if you have a CCW if not then in NV OC is a go. Tims research was in state park carry in that thread and does not have anything to do with the new law. Again if you can point to the NEW LAW in effect that I linked to and show the state park rule then you have something.

Also please read this article posted by the founder of this site Mike. He again states that it does not follow the state park law just the laws of the state.

http://www.examiner.com/gun-rights-...-park-service-to-educate-public-on-gun-rights
 
Last edited:
Remmy

Remmy

Regular Member
Joined
Jan 31, 2010
Messages
296
Location
Las Vegas, Nevada, USA
Vegassteve said:
I have read the thread and page 2 of that thread makes my point. The new law that I linked to is not like the first law that was struck down. The new law DOES NOT refer to state parks at all, only state law on carry. You may CC if you have a CCW if not then in NV OC is a go. Tims research was in state park carry in that thread and does not have anything to do with the new law. Again if you can point to the NEW LAW in effect that I linked to and show the state park rule then you have something.

Also please read this article posted by the founder of this site Mike. He again states that it does not follow the state park law just the laws of the state.

http://www.examiner.com/gun-rights-...-park-service-to-educate-public-on-gun-rights
Click to expand...

Let me start by saying I agree that the federal law regarding national parks does not follow state park laws, only state law. I understand what you are saying and your argument which is very sound IMO. I have read all of those threads many times and the article you posted which excited me as well. I am not arguing the point that the national park federal law follows state park laws. I believe what this boils down to is interpretation of what the language is actually saying. Also, Vegas I do agree with you and enjoy reading your posts, opinions, and points. After all we are all on the same side here.

SEC. 512. PROTECTING AMERICANS FROM VIOLENT CRIME.

(b) Protecting the Right of Individuals To Bear arms in Units of the National Park System and the National Wildlife Refuge System- The Secretary of the Interior shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm including an assembled or functional firearm in any unit of the National Park System or the National Wildlife Refuge System if--
(1) the individual is not otherwise prohibited by law from possessing the firearm; and
(2) the possession of the firearm is in compliance with the law of the State in which the unit of the National Park System or the National Wildlife Refuge System is located.
Click to expand...

What my point is that state law prohibits possession in "any" park. of course this in my opinion is horse$****, as I dont believe they have the authority to do so due to preemption of Nevada State law.

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
Click to expand...

Now that is the state law in regards to possession, carry, within "any" park. So one could interpret the following. National Park federal law says it you can carry a loaded weapon into any national park just as long as you are not breaking state law in doing so. So I guess thats where I am confused as the way I read it the state law, which should be null and void but is obviously still there, states you cannot carry unless you posses a CCW. I will be the first to admit I could very well be wrong in how I am reading it, and I am not posting this or anything else to become argumentative or discount what you have said. To me everything you have said regarding this I should have no issues carrying in a national park. But me being me, I tend to carry myself with a collective knowledge base on what others are saying about this as well as my own personal opinion on what it means. If I'm wrong then I'm wrong, and this is just the internet. :)

I have not had the time recently to enjoy lake mead like I used to, but I have recently been to the grand canyon and felt very comfortable in the fact that I was carrying CC the entire time. As well as OC while at the campground within the park. I guess I felt more comfortable carrying in AZ due to constitutional carry and the feds can say whatever they want to say in their laws, they are following state laws and well in AZ with the exception of random laws regarding CC or OC and alcohol and the other places which are prohibited from carrying inside. No matter what the interpretation I was carrying within the legal boundaries of AZ law :) I error on the side of caution while in our great state of Nevada.
 
V

Vegassteve

Regular Member
Joined
Apr 15, 2008
Messages
1,763
Location
Las Vegas NV, ,
Now that makes sense. I see the point of state view of a park. I think though that really only applies to state parks. Only because it seems many of the counties and cities north of us have no issue with carry in the parks they have. So it seems like everything a fine line. A line that if I did not have my CCW I would be willing to cross. I can see how others might not want to try though.
 
You must log in or register to reply here.
Top