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

C

Count

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Mar 8, 2007
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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?
 
V

Vegassteve

Regular Member
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Location
Las Vegas NV, ,
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.
 
Felid`Maximus

Felid`Maximus

Activist Member
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Messages
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Location
Reno, Nevada, USA
Per Public Law 111-24 Section 512 ( http://frwebgate.access.gpo.gov/cgi...=111_cong_public_laws&docid=f:publ024.111.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.
Click to expand...

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-407.html#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-407.html#NRS407Sec0475 and http://www.leg.state.nv.us/nrs/NRS-407.html#NRS407Sec065 ]

From AB-282, 407.0475 is amended to specificially prevent the division from banning firearms: http://www.leg.state.nv.us/Session/76th2011/Bills/AB/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.
Click to expand...
 
Last edited:
T

teammazza

New member
Joined
Jun 21, 2011
Messages
6
Location
Las Vegas
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.
 
V

varminter22

Regular Member
Joined
Dec 19, 2007
Messages
927
Location
Fallon, Nevada, USA
Lostlittlerobot said:
So if I apply for a reissue of my ccw, will it say any semi auto on it? anyone have a new one yet?
Click to expand...

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.
 
Y

Yard Sale

Regular Member
Joined
Feb 13, 2010
Messages
708
Location
Northern Nevada, ,
varminter22 said:
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.
Click to expand...
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.
 
V

varminter22

Regular Member
Joined
Dec 19, 2007
Messages
927
Location
Fallon, Nevada, USA
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.
 
V

varminter22

Regular Member
Joined
Dec 19, 2007
Messages
927
Location
Fallon, Nevada, USA
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.
Click to expand...
 
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