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My latest run in at the DMV

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
What baffles me with all this is...I thought we had the issue of the DMV dealt with? When they took down the signs, shouldn't they have sent a notice around or a mass email? The employees all should be aware...why are we dealing with this again?

And absolutely you should be going after both the DMV and the metro...their behavior was just /wrong/ and you have video to prove it.

At a guess...
They took the signs down because they had to,
they keep quiet about it because they didn't want to
(have to take them down, that is.)
 

timf343

Campaign Veteran
Joined
Oct 3, 2007
Messages
1,409
Location
Las Vegas, Nevada, United States
I don't think they had to take them down because state law gives them the authority to restrict the carry of concealed weapons in public buildings. I'm thinking it was actually something else - without the signs, concealed carry is 100% legal by a CCW holders. I think they took them down so that someone who is CC is not required to OC. Obviously doesn't change the fact that you can't conceal without a CCW, so OC is the only choice for some.
 

Sabotage70

Regular Member
Joined
Jul 14, 2009
Messages
844
Location
Fabulous Las Vegas, NV, ,
I'm going to file a complaint. To be honest i'm going to need a little help. I'll get the ball rolling Monday. I've been away from home all day so I haven't been able to look anything up yet.

I got the DMV supervisor's contact info. So I got that to start with.

Sent from the Droid on roids
 

The Big Guy

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Oct 20, 2009
Messages
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Location
Waco, TX
Tom Jacobs, Chief Public Information Officer, Nevada Dept. of Motor Vehicles wrote this regarding a letter that had been sent to the State Department of Motor Vehicles concerning this issue, in that local DMV offices had posted signs with a reference to NRS 202.3673. It was pointed out to them that this only covers permit holders and in no way limits the right of citizens to open carry. See the response below:

“You are correct. We are in the process of changing the signs.”

TBG
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
SAB70 before you file ANY complaint get any and all info in Nevada's version of an open records request.... Lock that down FIRST and then after review--- file your complaints.
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
I was actually on my out the door when the security guard followed me out.

The cop walked up behind me and grabbed my gun. And from there I pretty much forgot everything I learned.

Sent from the Droid on roids

That is what you really need to address with his supervisor. And above.
 

Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
NRS 202.3673 Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.
1. Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while the permittee is on the premises of any public building.

2. A permittee shall not carry a concealed firearm while the permittee is on the premises of a public building that is located on the property of a public airport.

3. A permittee shall not carry a concealed firearm while the permittee is on the premises of:
(a) A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he or she is on the premises of the public building pursuant to subparagraph (3) of paragraph (a) of subsection 3 of NRS 202.265.
(b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he or she is on the premises of the public building pursuant to subsection 4.

4. The provisions of paragraph (b) of subsection 3 do not prohibit:
(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which the judge presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.
(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he or she is on the premises of a public building.
(c) A permittee who is employed in the public building from carrying a concealed firearm while he or she is on the premises of the public building.
(d) A permittee from carrying a concealed firearm while he or she is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.

6. As used in this section:
(a) “Child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.
(b) “Public building” means any building or office space occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or
(2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

Is the DMV located on property of a public airport?
Is the DMV located on the property of a public school, daycare, childcare, or NV System of Higher Learning?
Is the DMV equipped with metal detectors at signage at every public entrance?

Of course, from the wording that only applies to concealed carry, I don't see anything prohibiting openly carried arms.


The fact that the sign quotes the title of the law and not the applicable paragraph kinda hints that there isn't an applicable paragraph but the DMV doesn't want anyone to know that.
 
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MKEgal

Regular Member
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Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
OC-moto450r said:
NRS says:
(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass...
But he wasn't, at least, not 'til he was on his way out.
Sabotage70 said:
I was actually on my out the door when the security guard followed me out.
And then it was the guard trying to enforce his opinion,
then the employee trying to enforce her opinion,
then the cop trying to enforce his opinion + theirs...

OC-moto450r said:
...the Nye County Sheriff's office has signage on their door saying they will trespass you if you bring a firearm or video/recorder into their building.
Interesting... they don't want people to be able to show what goes on there?
What do they have to hide, these public employees in a taxpayer-funded building?

The cop walked up behind me and grabbed my gun.
:shocker:
The cop?!?! I would half expect that from a security guard, but a COP?!?!
WTF?
How is it he didn't end up with at least a bloody nose?
I'd say that's good for a charge of attempted theft, since he didn't have any legal reason to do it.

OC-moto450r said:
sign at the Pahrump DMV. I took this picture today.
2011-12-18_12-22-03_520.jpg
Says nothing about OC.
And with a cc license, you have written permission, right?
Actually, the state statute gives written permission.
How about the state Constitution?
And it doesn't say who/what has to give written permission, does it?
:rolleyes: The temptation is strong to write on a 3x5" card "PERMISSION TO CARRY A FIREARM".

(This got kind of long, so I'll make it 3 posts.)
 

MKEgal

Regular Member
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Jan 8, 2010
Messages
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in front of my computer, WI
Sabotage, the locals can help you most with the particulars & where to send stuff,
but in general to do a FOIA request:
Identify date, time, place

Identify parties (cop's name if you have it, otherwise say 'an officer of your department'; for the DMV, employee names or descriptions)

Request everything you can think of that they might have that describes from their point of view what happened: video, audio, personal recorders, radio traffic, phone calls, written reports

Seeing the 2 guys at the end of the wall talking on their cell phones, ESPECIALLY get phone conversations!
Looks like the one was doing a seral # check (illegal search, after their illegal seizure of your property). Also looks like it wasn't pointed in a safe direction.

Request memos, directives, emails, training materials, etc. relating to the activity.
In this case, for both the DMV & police: lawfully-armed citizen transacting business in a publicly-owned building
For the police: disarming thereof, search thereof, seizure of property, demand for identity document, demand to enter/access private property (car)]
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
re: the video
Your cinematic technique does leave something to be desired. :D

COP: "you probably should have left this in the car"
Why? Is there a law against having it?

COP: "you understand they don't have to let you in there if they don't want to, right" x2
No, I understand that as employees of a gov't agency you all have to follow the law.

COP: "that's probably not the best decision, right? it's your right, but not a good decision"
Following the law is not a good decision?

love this one:
We're here to enforce the laws, not opinions, right?
[cops stays quiet... then says "really?" What an ass.]

COP: "can I put your gun in your car?"
No. You can give it back to me right here.
(or) No, but I'll walk over there with you & you can give it back when we arrive.
[Did they also put your ammo & unloaded magazine in the car?]
BTW, did they make sure the door was locked, with your pistol lying plainly visible on the driver's seat?
And did they hang around to be sure your car wasn't broken into & the pistol stolen?
:mad:

And then you get a personal escort back inside to give you the permit you were denied the first time?!@?!?

COP: "you're subject to the business"
BS... they sure gave you the business!
 

ed2276

Regular Member
Joined
Nov 29, 2011
Messages
366
Location
Las Vegas,NV
This is a bit off topic, but I noticed something interesting in the code.

4. The provisions of paragraph (b) of subsection 3 do not prohibit:
(a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which the judge presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.
(b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he or she is on the premises of a public building.
(c) A permittee who is employed in the public building from carrying a concealed firearm while he or she is on the premises of the public building.
(d) A permittee from carrying a concealed firearm while he or she is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

5. A person who violates subsection 2 or 3 is guilty of a misdemeanor.

6. As used in this section:
(a) “Child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.
(b) “Public building” means any building or office space occupied by:
(1) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or
(2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

The reason this is of interest to me is because I am an employee of the federal government, working at a VA Clinic. There is signage at the entrance to the clinic forbidding the possession of firearms, among other things. There is no metal detector at the entrance. So, if I have a CCW does State law preempt the federal regulation; since Nevada has not ceded the land and building to the federal government would the clinic fall under State law?

I am just asking theoretically. I wouldn't attempt to cc into the building because even if it is lawful under State law I am an at will employee and could be fired, even if I am not subject to criminal prosecution by law.
 
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Sabotage70

Regular Member
Joined
Jul 14, 2009
Messages
844
Location
Fabulous Las Vegas, NV, ,
re: the video
Your cinematic technique does leave something to be desired. :D

COP: "you probably should have left this in the car"
Why? Is there a law against having it?

COP: "you understand they don't have to let you in there if they don't want to, right" x2
No, I understand that as employees of a gov't agency you all have to follow the law.

COP: "that's probably not the best decision, right? it's your right, but not a good decision"
Following the law is not a good decision?

love this one:
We're here to enforce the laws, not opinions, right?
[cops stays quiet... then says "really?" What an ass.]

COP: "can I put your gun in your car?"
No. You can give it back to me right here.
(or) No, but I'll walk over there with you & you can give it back when we arrive.
[Did they also put your ammo & unloaded magazine in the car?]
BTW, did they make sure the door was locked, with your pistol lying plainly visible on the driver's seat?
And did they hang around to be sure your car wasn't broken into & the pistol stolen?
:mad:

And then you get a personal escort back inside to give you the permit you were denied the first time?!@?!?

COP: "you're subject to the business"
BS... they sure gave you the business!

After watching the video a few times. I really think if he could have gotten away with it. I would have been laid prone with a bloody face. The look on his face and his body language really says a lot.
 

Sabotage70

Regular Member
Joined
Jul 14, 2009
Messages
844
Location
Fabulous Las Vegas, NV, ,
This is a bit off topic, but I noticed something interesting in the code.



The reason this is of interest to me is because I am an employee of the federal government, working at a VA Clinic. There is signage at the entrance to the clinic forbidding the possession of firearms, among other things. There is no metal detector at the entrance. So, if I have a CCW does State law preempt the federal regulation; since Nevada has not ceded the land and building to the federal government would the clinic fall under State law?

I am just asking theoretically. I wouldn't attempt to cc into the building because even if it is lawful under State law I am an at will employee and could be fired, even if I am not subject to criminal prosecution by law.

I'm guessing you still have to go by the fed.
 

Nevada carrier

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Mar 30, 2010
Messages
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Location
The Epicenter of Freedom
It was My understanding that Metro had a policy that forbids officers from giving their opinion in the course of their duties. Concealing or opting not to carry may amount to his opinion of common sense, but you know what they say about opinions.

And no, you can not be trespassed from public buildings when you have lawful business and have not broken the law.

OC is legal in that venue and,
you have lawful business,
they have no legal right to deny you access to our building.
 
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