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OC to CC

DooFster

DooFster

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Nov 6, 2010
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445
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Nellis AFB, Nevada
If I was OCing in a business and I was asked to CC while there (asked by management), is that considered illegal? Of course I will revert to OC when leaving...

Also, if my shirt partially covers my gun while walking (because of the style/size of shirt) is THAT considered CC?
 
J

jfrey123

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May 13, 2008
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468
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Sparks, NV, Nevada, USA
Yes. The law fully prohibits carrying a weapon concealed unless you have a permit, and no exemptions are given for ANY private property (including your own home). This is widely debated on this forum as well as NevadaShooters.com, with most stating "I'll do what I want in my own home..." Fine, dandy, probably won't ever have a problem with it. But, by the letter of the law, it's illegal to CC anywhere without a permit.


Further evidence: the law prohibiting possession of a firearm while intoxicated fully prohibits the act when you are .1 or above BAC. However, written in that same law, an exemption is given to people who are in their own home and possess the weapon SOLELY for self defense. Me thinks if they wanted to give you a CC exemption in your own home, they would've done so in the CC law like they did in the intoxicated law. (And yes, for those who wonder, if you're getting hammered at home and decide to start playing with your toys, you're breaking the law! lol )
http://www.leg.state.nv.us/nrs/NRS-202.html#NRS202Sec257
 
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ManInBlack

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Jul 2, 2006
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SW Idaho
OC-moto450r said:
Yup.

Read the NRS. I'm not trying to be rude. If you read the NRS you will see there is NO relief, no matter where you are, for us mere citizens. And I'm sure by the time you finish reading the NRS you will be just as disgusted as I am.
Click to expand...

WOW...I had never noticed that about the Nevada statutes...you learn something new every day, and some days, you wish you hadn't! :banghead:

I don't think I've seen a concealed statute yet that didn't make an exception for at least the home, if not also property under control and/or a fixed place of business.

Has anyone ever put out feelers to their legislators on this? It seems like it would be a no-brainer.
 
DooFster

DooFster

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Nellis AFB, Nevada
I agree 1000%. Somehow this needs to get changed. I know in the Bozo-State to our west if you're in your house you can CC without a permit...
 
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FallonJeeper

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Dec 27, 2011
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576
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Fallon, NV
The only thing you have on your side, in your home, is the 4th Amendment. How would they know you were carrying a concealed weapon?
 
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FallonJeeper

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Cuz some people just put it in their pocket, would be one example. Not wearing a belt, no place to hang a holster would be another.

When I'm at home I either OC or NOC.

But I agree, there should be an exception in and on your own property as other states have included in their laws.
 
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DooFster

DooFster

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Messages
445
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Nellis AFB, Nevada
OC-moto450r said:
Hypothetically speaking

Lets say its cold outside and you are working on your property, wearing your nice warm Carhart jacket. Of course the wind is blowing about 25 mph right across the Nevada poof-dirt and since you are wearing your freshly cleaned handgun you have the bright idea to cover your handgun with that nice warm jacket. When lunch time rolls around you jump off your tractor and head inside to devour a sandwich, leaving your jacket on because you're only inside for about 5 minutes.

In the hypothetical story, can we find the point at which the hard working LAC became a criminal?
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Exact case of what I am talking about...
 
M

Merlin

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Jul 31, 2008
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Las Vegas, Nevada, USA
I think the question of CC on ones own property is more of an academic exercise, and is worth pursuit.

For the sake of argument, lets say that you run a home based business that has clients occasionally visiting your residence. And lets also stipulate that you've decided to cc for the sake of...well, just because. Clearly you SHOULD be able to CC on your own property, but the law doesn't always make sense.
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usmcmustang

usmcmustang

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Las Vegas, NV & Southern Utah
Merlin said:
I think the question of CC on ones own property is more of an academic exercise, and is worth pursuit.

For the sake of argument, lets say that you run a home based business that has clients occasionally visiting your residence. And lets also stipulate that you've decided to cc for the sake of...well, just because. Clearly you SHOULD be able to CC on your own property, but the law doesn't always make sense.
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Click to expand...

Okay... for the sake of argument. CC without a permit is an unlawful act, right? Many other "activities" are also unlawful acts, right? Are ALL "activities" that are otherwise unlawful, somehow "lawful" or within the law, if they are participated in while on one's own property?
 
DooFster

DooFster

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Messages
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Nellis AFB, Nevada
usmcmustang said:
Okay... for the sake of argument. CC without a permit is an unlawful act, right? Many other "activities" are also unlawful acts, right? Are ALL "activities" that are otherwise unlawful, somehow "lawful" or within the law, if they are participated in while on one's own property?
Click to expand...

You bring it up like that and it immediately brought me to a hypothetical statement: "...rules were meant to be broken..."

Now I am not condoning anything illegal. I believe everyone is responsible for their own actions in some way or another.

That's why it SHOULD be allowed in your own home.
 
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ManInBlack

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From a natural law perspective, anything that goes on in your home, so long as it doesn't harm children or non-consenting adults, should be none of the State's business.
 
usmcmustang

usmcmustang

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ManInBlack said:
From a natural law perspective, anything that goes on in your home, so long as it doesn't harm children or non-consenting adults, should be none of the State's business.
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Absolutely NO argument from me on that. I was just "equating" CC without a permit (an unlawful activity, no?) in one's home/on one's property with all the rest of the "activities" that the State has outlawed, i.e., enacted laws to make unlawful. There are many and they are diverse and it matters not whether they are participated in on public or private property... they still remain unlawful. In Nevada, I WOULD argue that from a purely technical point of view, with the CC statutes written as they are, CC without a permit is ILLEGAL, no matter where the CC takes place. Now, will there be some attempt at enforcement of CC without a permit on one's private property... probably not... but one never can be absolutely sure. After all, at least here in Clark County, we have law enforcement enforcing what they believe is the SPIRIT of the law... or so they say. I'm referring to their stated position on OC in public buildings... it, just as CC, is not within the law bla bla bla bla.
 
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ManInBlack

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SW Idaho
usmcmustang said:
Absolutely NO argument from me on that. I was just "equating" CC without a permit (an unlawful activity, no?) in one's home/on one's property with all the rest of the "activities" that the State has outlawed, i.e., enacted laws to make unlawful. There are many and they are diverse and it matters not whether they are participated in on public or private property... they still remain unlawful. In Nevada, I WOULD argue that from a purely technical point of view, with the CC statutes written as they are, CC without a permit is ILLEGAL, no matter where the CC takes place. Now, will there be some attempt at enforcement of CC without a permit on one's private property... probably not... but one never can be absolutely sure. After all, at least here in Clark County, we have law enforcement enforcing what they believe is the SPIRIT of the law... or so they say. I'm referring to their stated position on OC in public buildings... it, just as CC, is not within the law bla bla bla bla.
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For sure. My post wasn't directed at you; just a general observation.

Again, it seems to me that this would be just about the easiest pro-gun position to convince lawmakers (assuming they aren't fringe leftists) to write up into a bill. I imagine even "good Republicans" could get behind it. ;)

The fact that hasn't happened yet, as you suggest, probably indicates that the law isn't enforced in private homes (or, if it is, only as an enhancement charge). Still, as you point out, rogue law enforcement and prosecutors can and will make use of any avenue to persecute a citizen, so it is better to restrict their opportunities whenever possible.
 
jdholmes

jdholmes

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Henderson, Nevada
I would imagine that it isn't so much not enforced. I would imagine it's more likely the ability to enforce it would be extremely rare.
 
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