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Nye County Sheriff office and Courthouse

The Big Guy

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Oct 20, 2009
Messages
1,966
Location
Waco, TX
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
 

Vegassteve

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Apr 15, 2008
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Location
Las Vegas NV, ,
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.
 

Felid`Maximus

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Nov 12, 2007
Messages
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Location
Reno, Nevada, USA
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.
 
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The Big Guy

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

TBG
 

Vegassteve

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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.

Would the same not apply to the schools as well? Like I said I only find the CC law on school grounds.
 

Felid`Maximus

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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)
 
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gmijackso

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Jan 31, 2010
Messages
208
Location
Las Vegas, Nevada, USA
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?
 

ed2276

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Joined
Nov 29, 2011
Messages
366
Location
Las Vegas,NV
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"?
 

AnakinsKid

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Joined
May 13, 2008
Messages
129
Location
Las Vegas, Nevada, USA
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.
 
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wrightme

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Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
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.
 
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