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Thread: AB 282 Open carry in State and National parks w/o a permit

  1. #1
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    AB 282 Open carry in State and National parks w/o a permit

    Hi guys,

    It appears that AB282 went into effect as of July 1st. Among other things it states that possession of firearms in State parks cannot be more restricted than State law which means you can possess openly a handgun w/o permit. Two questions: am I right about this new law and does it mean as of July 1st National Parks in Nevada are o.k. for open carry w/o a permit?

  2. #2
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    National parks were a go a bit over a year ago via a federal bill. State parks have always been a go for us but now the language is much clearer.

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    Per Public Law 111-24 Section 512 ( http://frwebgate.access.gpo.gov/cgi-...ubl024.111.pdf ) , no regulation that prohibits an individual from possessing a firearm in any unit of the National Park System or the National Wildlife Refuge System shall be enforced if the possession of the firearm is in compliance with the law of the State. So for parts of the National Park System or National Wildlife System, the act of Congress prohibits the federal regulatory agency from enforcing such laws.

    —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.
    AB 282, which took effect July 1, makes void all firearm and self defense regulations created by the Nevada Division of State parks which impose a requirement stricter than state law. In state parks you can open carry without a permit. NAC 407.105, requiring a permit in state parks, is void. http://www.leg.state.nv.us/nac/NAC-4...l#NAC407Sec105) NRS 407.0475 and 407.065 give the Division of State parks to make regulations... in my opinion, Nevada Division of State parks was NEVER given the division the authority to draft NAC 407.105... those two laws spell out what regulations the division can create, and "banning guns" isn't on the list. [see: http://www.leg.state.nv.us/nrs/NRS-4...#NRS407Sec0475 and http://www.leg.state.nv.us/nrs/NRS-4...l#NRS407Sec065 ]

    From AB-282, 407.0475 is amended to specificially prevent the division from banning firearms: http://www.leg.state.nv.us/Session/7...B/AB282_EN.pdf
    2. Any regulations relating to the conduct of persons within the
    park or recreational facilities must:
    (a) Be directed toward one or both of the following:
    (1) Prevention of damage to or misuse of the facility.
    (2) Promotion of the inspiration, use and enjoyment of the
    people of this State through the preservation and use of the facility.
    (b) Apply separately to each park, monument or recreational
    area and be designed to fit the conditions existing at that park,
    monument or recreational area.
    (c) Not establish restrictions on the possession of firearms
    within the park or recreational facility which are more restrictive
    than the laws of this State relating to:
    (1) The possession of firearms; or
    (2) Engaging in lawful resistance to prevent an offense
    against a person or property.
    Any regulation which violates the provisions of this paragraph
    is void.
    3. Any person whose conduct violates any regulation adopted
    pursuant to subsection 1, and who refuses to comply with the
    regulation upon request by any ranger or employee of the Division
    who has the powers of a peace officer pursuant to NRS 289.260, is
    guilty of a misdemeanor.
    Sec. 5.5. (Deleted by amendment.)
    Sec. 6. This act becomes effective on July 1, 2011.
    Last edited by Felid`Maximus; 07-09-2011 at 04:10 AM.

  4. #4
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    By 2013 we need all parks in compliance

    City of las Vegas and NLV still ban guns in there parks. We need to get that changed.

  5. #5
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    Quote Originally Posted by teammazza View Post
    City of las Vegas and NLV still ban guns in there parks. We need to get that changed.
    I see your new here. There are a couple of threads going on that issue right now.

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    2A
    Last edited by OC-moto450r; 08-02-2012 at 09:26 PM.

  7. #7
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    Quote Originally Posted by OC-moto450r View Post
    NV legislative site is still not updated as of today.
    I don't know when the Nevada online law library will be fully updated. But rest assured AB-282 IS IN EFFECT.

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    So if I apply for a reissue of my ccw, will it say any semi auto on it? anyone have a new one yet?

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    Quote Originally Posted by Lostlittlerobot View Post
    So if I apply for a reissue of my ccw, will it say any semi auto on it? anyone have a new one yet?
    Yes, it should, if you already have a semi-auto on your existing permit. If not, you'll have to qualify with an instructor and show proof to the sheriff's office.

    There is no need to get a 'reissue' of your existing permit. If you already have at least one semi-auto on it, you are authorized to carry any semi-auto.

  10. #10
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    As a result of losing my ID, and getting a new one, I have one now that says :
    MAKE MODEL CALIBER
    REVOLV ALL ALL
    SEMI ALL ALL
    Last edited by Felid`Maximus; 07-19-2011 at 10:38 PM.

  11. #11
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    Quote Originally Posted by Felid`Maximus View Post
    As a result of losing my ID, and getting a new one, I have one now that says :
    "losing your ID," you mean your cc permit?

    You know, I wonder if I lost my permit........
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  12. #12
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    Quote Originally Posted by varminter22 View Post
    There is no need to get a 'reissue' of your existing permit. If you already have at least one semi-auto on it, you are authorized to carry any semi-auto.
    That's a logical inference but the new NRS literally does not say that. I've gone over it a few times now and it says only that new and renewal permits will be designated "any." It says nothing about applying retroactively to existing permits.

  13. #13
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    True, the bill/law doesn't specify it.

    But the Nevada Sheriffs and Chiefs Ass'n clearly said it in their testimony. That you can look up.

    Same thing happened when we got "any revolver" - with zero problems.

    If one desires to get a new permit issued (at a cost), no problem. But it is NOT necessary.

  14. #14
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    Any Semi-Auto

    Quote of post I made on this subject in the SFA forum:

    Posted: Wed Jun 29, 2011 5:05 am Post subject: any semi-auto authorized July 1, 2011

    There seems to be some confusion about the "Any Semi-auto" authorization and when it becomes effective.

    AB-282 becomes effective July 1, 2011. At that time, IF repeat IF you have a semi-auto on your existing permit, you may then carry any semi-auto.

    You are not required to obtain a new permit stating "any semi-auto"; you may go to your sheriff and request a new permit (optional) but there may be a fee involved.

    From AB-282 testimony, March 30, 2011:
    www.leg.state.nv.us/Session/76th2011/Minutes/Assembly/JUD/Final/603.pdf
    Frank Adams, Executive Director, Nevada Sheriffs' and Chiefs' Association:
    This issue came up in the last session when we did the same thing with revolvers. What the sheriffs have done, and it is in our CCW procedures, if you have had three or four revolvers listed at that time it was fine. Any revolver was accepted until you renewed your application and then it was changed. It will be the same thing with the CCW. If this bill passes, you can carry any semiautomatic, and then we will change it to revolver and semiautomatic when you get your card renewed.

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