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Vehicle OC in North Las Vegas?

The Big Guy

The Big Guy

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Oct 20, 2009
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Location
Waco, TX
usmcmustang said:
Well... my son was arrested for open carrying in his vehicle back in May of 2011. He was pulled over by a NLV motor cop for traffic violation(s) and when my son informed the officer that he was open carrying (thought it best to do since he had to reach near his weapon to remove his wallet for ID, etc.), the officer called for backup and ultimately arrested my son, impounded his vehicle, and booked him into jail. Charge of dangerous or deadly weapon in vehicle in violation of NLV Ordinance was taken to court by the NLV City Attorney and evidence was heard... however, in a strange "move" the presiding judge called for "points and authorities" from both plaintiff and defendant AFTER the bench trial was completed but before rendering judgement. After the submission of the points and authorities by both parties, the plaintiff moved to have the charge dropped and the motion was granted by the judge. So, in effect, the dangerous or deadly weapon in vehicle charge was NOT successfully prosecuted.

Don't know if this is a case worth pursuing. I am relatively confident though that the arrest, impound, and incarceration were the direct result my son having been armed. Without that fact, the traffic violation(s) for which he was pulled over, would not have resulted in such "harsh" treatment.
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When I spoke with Carolyn Herbertson, State Liaison, NRA about this case, she told me that they didn't think it was a good case. She did not elaborate on the reason nor could I get her to expound on it. She just kept telling me that they were looking for a good test case and would move when they found it.

TBG
 
A

aadvark

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Joined
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, ,
Nevada Revised Code 268.418(1) Invalidates North Las Vegas Municipal Ordinance 9.32.040.

Notwithstanding any other Provision of North Las Vegas Municipal Ordinance 9.32.040 to The Contrary, The Provisions of that Ordinance do NOT Apply to, or Effect, The Registration of Firearms which may be Concealed on or about a Person, and, therefore, North Las Vegas Municipal Ordinance CANNOT be Justified under EITHER Exception under Nevada Revised Statute 268.418(2) OR 268.418(3).

Generally Speaking, Nevada has NO Law Governing The Possession of a Firearm within a Private Passenger Motor Vehicle.
 
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usmcmustang

usmcmustang

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Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
The Big Guy said:
When I spoke with Carolyn Herbertson, State Liaison, NRA about this case, she told me that they didn't think it was a good case. She did not elaborate on the reason nor could I get her to expound on it. She just kept telling me that they were looking for a good test case and would move when they found it.

TBG
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Yeah, I remember her. As I recall her name was "Carrie." She showed up for the arraignment and was interested in the case UNTIL she found out my son didn't have a CCW... ?????? Never understood that. I do understand that this was a traffic stop for something NOT related to the firearm my son was open carrying, but it doesn't seem that a "clean" case, that is, one ONLY relating to a firearm in a vehicle, will ever be forthcoming. They'll be waiting a long, long time for that type case.
 
usmcmustang

usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
aadvark said:
Nevada Revised Code 268.418(1) Invalidates North Las Vegas Municipal Ordinance 9.32.040.

Notwithstanding any other Provision of North Las Vegas Municipal Ordinance 9.32.040 to The Contrary, The Provisions of that Ordinance do NOT Apply to, or Effect, The Registration of Firearms which may be Concealed on or about a Person, and, therefore, North Las Vegas Municipal Ordinance CANNOT be Justified under EITHER Exception under Nevada Revised Statute 268.418(2) OR 268.418(3).

Generally Speaking, Nevada has NO Law Governing The Possession of a Firearm within a Private Passenger Motor Vehicle.
Click to expand...

Ah... but if only it were that simple. But... there seems to be just a tad disagreement as to what SB 92 did and did not do to the law with respect to "old" ordinances like the NLV one. Without that "disagreement," there would be no need for a "test case," now would there?
 
The Big Guy

The Big Guy

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usmcmustang said:
Yeah, I remember her. As I recall her name was "Carrie." She showed up for the arraignment and was interested in the case UNTIL she found out my son didn't have a CCW... ?????? Never understood that. I do understand that this was a traffic stop for something NOT related to the firearm my son was open carrying, but it doesn't seem that a "clean" case, that is, one ONLY relating to a firearm in a vehicle, will ever be forthcoming. They'll be waiting a long, long time for that type case.
Click to expand...


Unless someone wants to deliberately get arrested for it. I unfortunately would not feel comfortable that the NRA would come to my rescue.

TBG
 
usmcmustang

usmcmustang

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Joined
Sep 17, 2011
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393
Location
Las Vegas, NV & Southern Utah
The Big Guy said:
Unless someone wants to deliberately get arrested for it. I unfortunately would not feel comfortable that the NRA would come to my rescue.

TBG
Click to expand...

And how would that "work?" What would one do... drive up next to a police cruiser or a motorcop (while obeying all traffic laws) and "moon" them with my firearm on my hip in hopes they'd stop me and make an arrest?

I am in agreement that there wouldn't be much "comfort" that the NRA would be "interested" in such a case.
 
V

varminter22

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Joined
Dec 19, 2007
Messages
927
Location
Fallon, Nevada, USA
Rollbar said:
I have a question for the group in Vegas area.

Why don't a group of you petition the supreme court (I did put the comments on NFAC's web site, but no reply).

It seems to me/reading the posts that you have enough evidence to do that (I'm not up on all the laws/how to petition the Supreme Court etc) and they the SCourt will find in your favor.
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I am NOT an attorney. But, as I understand it, one cannot simply petition the Supreme Court (or any court.)

One must have "standing." In other words, one must have been "harmed" - and take the case to court.

I could easily be wrong, but that is my understanding. Anyone else???
 
The Big Guy

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
usmcmustang said:
And how would that "work?" What would one do... drive up next to a police cruiser or a motorcop (while obeying all traffic laws) and "moon" them with my firearm on my hip in hopes they'd stop me and make an arrest?

I am in agreement that there wouldn't be much "comfort" that the NRA would be "interested" in such a case.
Click to expand...

What I was thinking is either find a cop that could see you getting into your vehicle with a sidearm and drive away, or have someone call in a man with gun reporting you as getting into your vehicle and driving away giving them you Lic #. I'm sure there are other devious ways of doing it. What about a DUI checkpoint in NLV?

TBG
 
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