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Thread: Nevada NRS for open carry and age of open carry of handgun

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    Nevada NRS for open carry and age of open carry of handgun

    Hello I just recently moved to Nevada. I am haveing a little trouble with the nrs codes. I am trying to find the statue that shows open carry is legal or not illegal. also i see that oc age is 18 but I thought age to buy a handgun was 21 . So if it is 21 how can they OC at 18. I found the section on deadly weapons but cannot find the correct statue # any help would be great.
    Last edited by PoliceState; 11-15-2010 at 10:13 PM. Reason: spelling

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    There is no statue that say you can't OC, but there isn't one saying you can. NV is a defacto OC state.

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    You can't buy a handgun from an FFL if you're under age 21, but you can buy a handgun from a private party at age 18. that is the first part of the equation;

    The second part of the equation is the legality of open carry. Nevada is a free state. Free meaning that we tend not to word our laws in a way that makes it illegal to do something unless specifically allowed by law. So, open carry in Nevada is legal by virtue of the absence of a law prohibiting it. That is why you can not find anything in our NRS that allows open carry, it is legal because it is not prohibited.

    So, now that we have established that the law does not prohibit someone from owning and possessing a handgun at the age of 18, and we have established that open carry is not illegal, we can deduce that a person of the minimum age of 18 is not prohibited from openly carrying a firearm in the state of Nevada.

    By the way, the day we begin to accept that the only legal activities we may participate in are those which are specifically allowed by law is the day that our nation becomes a police state. This is why we Open Carry, but for no other reason than to remind everyone what kind of nation we live in. Personal protection, self defense and crime deterrence just happen to be positive by-products.
    Last edited by Nevada carrier; 11-15-2010 at 11:00 PM.

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    Ty for the answers suprising only 2 people had some info here. again Ty I also open carry daily here and just wanted to be assured I could . In washington state it was in the statues that it was ok to OC. buit we culdnt open carry in a vehicle unless we had a CCW permit. I really like the gun laws here. atleast they allow you to carry and protect yourself when driving.I would never get a CCW for the simple fact that you are now in a data base with the notes of haveing a gun and carrying a gun. also away for them when they do come for our guns to know which 1s to goto 1st since they know they own and have weapons.

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    Quote Originally Posted by PoliceState View Post
    Ty for the answers suprising only 2 people had some info here. again Ty I also open carry daily here and just wanted to be assured I could . In washington state it was in the statues that it was ok to OC. buit we culdnt open carry in a vehicle unless we had a CCW permit. I really like the gun laws here. atleast they allow you to carry and protect yourself when driving.I would never get a CCW for the simple fact that you are now in a data base with the notes of haveing a gun and carrying a gun. also away for them when they do come for our guns to know which 1s to goto 1st since they know they own and have weapons.
    Oh, MANY MORE than two people have answers here. But the first two who DID answer gave you the answer. Once the accurate information has been presented, the rest is just "yep, what he said."

    Unless NRS exists to deny an action, it is allowed. Statute makes actions illegal, and does not exist to make actions legal.
    Last edited by wrightme; 11-16-2010 at 11:10 AM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Thank You very much for your response. I think this forum is great for those that are just starting to carry openly or via a ccw. Thank You again for the answers.

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    NRS 202.300 restricts the possession of firearms based upon age, generally setting the requirement that one is 18 years old before he can carry a handgun.
    http://www.leg.state.nv.us/nrs/NRS-2...l#NRS202Sec300
    NRS 202.300 Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances.
    1. Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
    2. A person who aids or knowingly permits a child to violate subsection 1:
    (a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.
    (b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
    (c) For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
    3. A person does not aid or knowingly permit a child to violate subsection 1 if:
    (a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
    (b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
    (c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or
    (d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.
    4. The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.
    5. Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:
    (a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or
    (b) A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,
    and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.
    6. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:
    (a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;
    (b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;
    (c) Participating in a lawfully organized competition or performance involving the use of a firearm;
    (d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
    (e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;
    (f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or
    (g) At his or her residence.
    7. Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:
    (a) Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and
    (b) Is not otherwise prohibited by law from possessing such a firearm.
    8. A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:
    (a) An occupant of a motor vehicle;
    (b) Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or
    (c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.
    9. For the purposes of this section, a firearm is loaded if:
    (a) There is a cartridge in the chamber of the firearm;
    (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
    (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
    [1911 C&P 345; RL 6610; NCL 10293]—(NRS A 1963, 3; 1991, 1154; 1995, 1152; 1997, 516, 1181)

    NRS 202.310 Sale of firearms to minors; penalty. Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
    [1:164:1955]—(NRS A 1995, 1154; 1997, 519, 1183)
    Last edited by Felid`Maximus; 11-16-2010 at 11:35 AM.

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    Quote Originally Posted by Felid`Maximus View Post
    NRS 202.300 restricts the possession of firearms based upon age, generally setting the requirement that one is 18 years old before he can carry a handgun.
    http://www.leg.state.nv.us/nrs/NRS-2...l#NRS202Sec300
    so what i get from this NRS is its ok to carry at 18 but cant buy a handgun untill 21 ? so how can someone even sell an 18 year old a handgun without getting in trouble since it says anyone caught selling a handgun to a person under 21 can be in trouble via a felony charge. makes no sense. nut i guess thats how they make some laws. i got a 17 yr old who wants to open carry nxt year but if i buy him a gun and he open carrys and they pull his id and see he is under 21 with a hand gun i get in trouble . ty for the post.
    Last edited by PoliceState; 11-16-2010 at 12:12 PM.

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    Quote Originally Posted by PoliceState View Post
    so what i get from this NRS is its ok to carry at 18 but cant buy a handgun untill 21 ? so how can someone even sell an 18 year old a handgun without getting in trouble since it says anyone caught selling a handgun to a person under 21 can be in trouble via a felony charge. makes no sense. nut i guess thats how they make some laws. i got a 17 yr old who wants to open carry nxt year but if i buy him a gun and he open carrys and they pull his id and see he is under 21 with a hand gun i get in trouble . ty for the post.
    At the very end of the quoted NRS it seems to make it pretty clear that you can sell to somebody over the age of 18.

    NRS 202.310 Sale of firearms to minors; penalty. Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
    [1:164:1955](NRS A 1995, 1154; 1997, 519, 1183)
    Aside from that, it's being overlooked that your child doesn't necessarily have to own the gun they are carrying. If you're still concerned over the age situation, your 18+ child could carry one of YOUR weapons.

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    Quote Originally Posted by PoliceState View Post
    so what i get from this NRS is its ok to carry at 18 but cant buy a handgun untill 21 ? so how can someone even sell an 18 year old a handgun without getting in trouble since it says anyone caught selling a handgun to a person under 21 can be in trouble via a felony charge. makes no sense. nut i guess thats how they make some laws. i got a 17 yr old who wants to open carry nxt year but if i buy him a gun and he open carrys and they pull his id and see he is under 21 with a hand gun i get in trouble . ty for the post.
    someone can buy a firearm from a private party at 18, they have to wait 'till they are 21 to buy from an FFL.

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    Regular Member The Big Guy's Avatar
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    Clark County

    I gave my 20 yo son one of my old handguns which I am entitled to do under Nevada statute. Further under state law he is not prohibited from carrying it openly. We were told however by Henderson Police that he can not get his Clark County blue card until he is 21. Comments?

    TBG

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    Quote Originally Posted by The Big Guy View Post
    I gave my 20 yo son one of my old handguns which I am entitled to do under Nevada statute. Further under state law he is not prohibited from carrying it openly. We were told however by Henderson Police that he can not get his Clark County blue card until he is 21. Comments?

    TBG
    Work towards any efforts for full preemption.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Quote Originally Posted by NavyLT View Post
    They are already violating the preemption that does exist. They are essentially prohibiting possession of a handgun by a person that is not prohibited by NRS. That violates preemption.
    Exactly. We know. That is exactly why I posted as I did.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    If you're still concerned over the age situation...
    The law is clear. There is no reason to be concerned about it as if it is a grey area because it isn't. The only reason a person couldn't sell to someone under 21 years old is if the seller is a licensed dealer.

    Federal Law regulates sales of handguns by federal dealers to people over 21, and also by non-dealers to people over the age of 18.

    http://www.law.cornell.edu/uscode/18...2----000-.html
    Title 18 USC 922
    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—
    (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee knows or has reasonable cause to believe is less than twenty-one years of age;

    (x)
    (1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.
    (2) It shall be unlawful for any person who is a juvenile to knowingly possess—
    (A) a handgun; or
    (B) ammunition that is suitable for use only in a handgun.
    (3) This subsection does not apply to—
    (A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
    (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
    (ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
    (I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
    (II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
    (iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
    (iv) in accordance with State and local law;
    (B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
    (C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
    (D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
    (4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
    (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
    (6)
    (A) In a prosecution of a violation of this subsection, the court shall require the presence of a juvenile defendant’s parent or legal guardian at all proceedings.
    (B) The court may use the contempt power to enforce subparagraph (A).
    (C) The court may excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this subsection for good cause shown.
    Last edited by Felid`Maximus; 11-16-2010 at 09:40 PM.

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    Quote Originally Posted by NavyLT View Post
    Too bad there isn't someone with deep pockets willing to take them to court. It worked in Seattle with ex-mayor Nickels.
    The NRA is in one against Clark County and NLV right now concerning preemption. Hopefully, it will be a moot point soon.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Regular Member Remmy's Avatar
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    Quote Originally Posted by The Big Guy View Post
    I gave my 20 yo son one of my old handguns which I am entitled to do under Nevada statute. Further under state law he is not prohibited from carrying it openly. We were told however by Henderson Police that he can not get his Clark County blue card until he is 21. Comments?

    TBG
    so they refused to register the handgun, did you get any documentation that they are refusing to register it? try a different sub station?

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    agree with remmy

    I'd try a substation in las vegas instead of henderson,hopefully will have better luck

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    Regular Member The Big Guy's Avatar
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    Statute

    Does anyone have the exact wording of the Blue Card statute, or a link to it?

    TBG

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    It appears that there is no age restriction placed upon blue card registration by statute, so an 18 year old should not be denied registration where required.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    It looks like I need to print this out and take it to the Henderson PD to educate them. Goes to prove if you want to know the law, don't ask a cop.

    TBG

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    Quote Originally Posted by The Big Guy View Post
    I gave my 20 yo son one of my old handguns which I am entitled to do under Nevada statute. Further under state law he is not prohibited from carrying it openly. We were told however by Henderson Police that he can not get his Clark County blue card until he is 21. Comments?

    TBG
    Get it from them in writiing, so he cannot be charged for failure to register in the future.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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