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Thread: Nye County Sheriff office and Courthouse

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    Nye County Sheriff office and Courthouse

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    Last edited by OC-moto450r; 08-02-2012 at 06:31 PM.

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    Regular Member The Big Guy's Avatar
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    What worked here in Henderson was to go straight to the City Attorney's office. I guess there it would be the DA's office as you are dealing with the County. Site pre-emption and what has happened in other places like Henderson, Boulder City, Sparks, the DMV, etc. Let them know that their policies are in violation of Nevada State law and need to be corrected. Ask them to inform those in control that their signs need changing. Don't take no for an answer.

    I would also consult the Nevada Firearms Coalition about what is going on and ask for their help if needed.

    I'm surprised because I thought things were cool over the hump.

    TBG
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    Are the courts not like the schools in that no firearms at all in the building? I cant find it right now but I thought we had a NRS that prohibits all firearms in courts and school property.

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    Last edited by OC-moto450r; 08-02-2012 at 06:32 PM.

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    There is no ban on open carry in courts in Nevada, but federal courthouses are off limits as federal property.

    That said, I bet if you try to open carry at most courts they will bar you from entry, illegal or not for them to do so.
    Last edited by Felid`Maximus; 12-10-2011 at 12:34 AM.

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    An after thought, ask them to site law on no possession of recording equipment in the building.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

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    Quote Originally Posted by Felid`Maximus View Post
    There is no ban on open carry in courts in Nevada, but federal courthouses are off limits as federal property.

    That said, I bet if you try to open carry at most courts they will bar you from entry, illegal or not for them to do so.
    Would the same not apply to the schools as well? Like I said I only find the CC law on school grounds.

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    No, schools are off limits to all possession of firearms type per 202.265. You can not even have a gun locked in the trunk on school grounds.

    NRS 202.265 Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.
    1. Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:
    (a) An explosive or incendiary device;
    (b) A dirk, dagger or switchblade knife;
    (c) A nunchaku or trefoil;
    (d) A blackjack or billy club or metal knuckles;
    (e) A pistol, revolver or other firearm; or
    (f) Any device used to mark any part of a person with paint or any other substance.
    2. Any person who violates subsection 1 is guilty of a gross misdemeanor.
    3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:
    (a) A private or public school or child care facility by a:
    (1) Peace officer;
    (2) School security guard; or
    (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.
    (b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.
    4. The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.
    5. For the purposes of this section:
    (a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.
    (b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.
    (c) “Nunchaku” has the meaning ascribed to it in NRS 202.350.
    (d) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.
    (e) “Trefoil” has the meaning ascribed to it in NRS 202.350.
    (f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.
    (Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913)
    Last edited by Felid`Maximus; 12-10-2011 at 01:15 PM.

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    Quote Originally Posted by Felid`Maximus View Post
    No, schools are off limits to all possession of firearms type per 202.265. You can not even have a gun locked in the trunk on school grounds.
    I knew that just couldnt lay my hands on the NRS. Thanks. So I thought that we had the same type NRS for court buildings?

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    Last edited by OC-moto450r; 08-02-2012 at 06:32 PM.

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    Quote Originally Posted by Felid`Maximus View Post
    No, schools are off limits to all possession of firearms type per 202.265. You can not even have a gun locked in the trunk on school grounds.
    I think that would be a sticky case for both sides. I think it would be difficult for a prosecutor to prove that the person was "carrying or possessing" the firearm when it is both out of reach and under lock and key. The defense would be that the vehicle is carrying and possessing the firearm. If the operator were to do nothing other than walk away from the vehicle, does that person retain the prosecutions implied possession? If not, did the operator ever really have possession?

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    Edited letter

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    Last edited by OC-moto450r; 08-02-2012 at 06:32 PM.

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    Email sent

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    Last edited by OC-moto450r; 08-02-2012 at 06:32 PM. Reason: formatting

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    This is what I sent


    The formatting was different...not sure why it changes when I copy/paste into this post???
    Looks good. I'm sure at first they will come up with som BS answer, but just keep after them.

    TBG
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    Quote Originally Posted by gmijackso View Post
    I think that would be a sticky case for both sides. I think it would be difficult for a prosecutor to prove that the person was "carrying or possessing" the firearm when it is both out of reach and under lock and key. The defense would be that the vehicle is carrying and possessing the firearm. If the operator were to do nothing other than walk away from the vehicle, does that person retain the prosecutions implied possession? If not, did the operator ever really have possession?
    The only issue I would have with this is the assertion that one cannot have a firearm locked in the trunk of his vehicle.

    the NRS reads:
    NRS 202.265 Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.
    1. Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:
    The prohibition is against carrying or possessing a firearm while in a school-owned vehicle, not in your personal vehicle.
    The NRS goes on to define the vehicle it is talking about not as a privately owned vehicle, but


    (f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.
    (Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913)

    The issue, then, would be what does it mean to "possess" a firearm? Does possession include having a firearm stowed in the trunk of a privately owned vehicle, or does possession mean "on the person"?

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    good thread, I hope someday to be able to take part in all the good activism here in northern NV ( we need more of it up here)

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    Quote Originally Posted by ed2276 View Post
    The only issue I would have with this is the assertion that one cannot have a firearm locked in the trunk of his vehicle.

    the NRS reads:

    The prohibition is against carrying or possessing a firearm while in a school-owned vehicle, not in your personal vehicle.
    The NRS goes on to define the vehicle it is talking about not as a privately owned vehicle, but



    (Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913)

    The issue, then, would be what does it mean to "possess" a firearm? Does possession include having a firearm stowed in the trunk of a privately owned vehicle, or does possession mean "on the person"?
    The pertinent part of the NRS you quoted is "while on the property", not the vehicle part. It doesn't matter how the gun is carried or stored. You can't have it "on the property," including in your car.

    The vehicle part of the NRS is to prohibit carry in the school owned vehicle when it's not on the school's property. This means if you ride along with your kid's class on a field trip, you can't carry on the bus.

    And as to the definition of "possession", I would consider that anything in your car is in your possession while driving (possible exception: if the item is in the immediate control of a passenger, and even then it's iffy). Unless of course, if you jumped out of the car before it got onto the school's property, and so the car isn't in your immediate possession anymore. I don't think my aim is good enough to hit a parking space from a distance, but it would explain some of the parking jobs I've seen.
    Last edited by AnakinsKid; 12-11-2011 at 03:29 AM.

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    Watching thread.
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    Quote Originally Posted by AnakinsKid View Post
    The pertinent part of the NRS you quoted is "while on the property", not the vehicle part. It doesn't matter how the gun is carried or stored. You can't have it "on the property," including in your car.
    Yep.


    NRS 202.265
    Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.
    1. Except as otherwise provided in this section,
    a person shall not carry or possess
    a) while on the property of the Nevada System of Higher Education,
    b) a private or public school or child care facility,
    or
    c) while in a vehicle of a private or public school or child care facility
    It 'reads' more clear when you separate it out and show the "or" in context.

    As you correctly point out, the vehicle is another prohibited location, in addition to the physical property locations.
    "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 chrsjhnsn View Post
    good thread, I hope someday to be able to take part in all the good activism here in northern NV ( we need more of it up here)
    If we need more, get it started.

    You are a free citizen, individual and with all of the rights which accrue. One of those rights is that you can fill any need that you find -- nobody can tell you not to.

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    Quote Originally Posted by wrightme View Post
    Yep.


    It 'reads' more clear when you separate it out and show the "or" in context.

    As you correctly point out, the vehicle is another prohibited location, in addition to the physical property locations.
    Wait part c reads vehicle of, so doesnt that make a personal vehicle ok?

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    Quote Originally Posted by Vegassteve View Post
    Wait part c reads vehicle of, so doesnt that make a personal vehicle ok?
    Nope. The locations are still forbidden zones. the part I annotated as 'c' simply creates a moving forbidden zone; namely, the bus. For a personal vehicle to be ok, that personal vehicle would need to remain outside of locations a and b......unless there was an exception written in to the statute for personal vehicles.

    If the parking lot of an 'a' or 'b' is considered "the property of", it is in the exclusion zone, whether you are on a bus, your own car, a taxi, or bicycle or horse, etc.


    To paraphrase the statute:

    "You can't bring a gun onto school property, AND, a bus is also school property."

    For your pov to be okay, it would have to paraphrase as follows:

    "You can't bring a gun onto school property, OR onto a bus, UNLESS you are in your own vehicle." But it doesn't give that exception.
    Last edited by wrightme; 12-12-2011 at 02:41 PM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Googling SCoNev rules and 5th district opinions now.

    Note that the signage threatened trespass, because they haven't any law backing them up. It would be awful hard to support a trespass charge or arrest of somebody subpoenaed or otherwise ordered to appear in court. Sounds like obstruction of justice to me.


    Supreme Court Rule # 246 for recorders

    Cameras and electronic media coverage in court: SCR 229-247
    —Chandler v. Florida, 449 U.S. 560, 582-83 (1981) (absent showing of prejudice of constitutional dimension, electronic coverage of trial permissible)
    Last edited by Yard Sale; 12-12-2011 at 02:56 PM.

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    Last edited by OC-moto450r; 08-02-2012 at 06:33 PM.

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