Felid`Maximus
Activist Member
Yeah there are a lot of people in Washoe County that don't care what the law is. The Washoe Sheriff and the District Attorney office basically told me that they don't care what the law says when it comes to open carry within the Sheriffs' Office.
The DMV does seem to recognize the law. I can't take credit for that, some people sent letters and what not and I didn't. But by OCing there in the past and discussing it with them in person I may have helped reduce their confusion.
I like to OC places but I always make sure I have some real business to accomplish where I am going. I only OC to the DMV when I have business with the DMV, for instance.
Generally, public buildings belong to everyone so one cannot be denied access to them arbitrarily. I'm no lawyer but I would be concerned that without having business in a place it might be possible that they can argue that you came specifically to vex or annoy an occupant, which might fall under trespassing.
According to http://www.washoecounty.us/seniorsrv/nutrition.htm, at the senior center, one should be 60+ in order to get the low priced Senior meals. I'm thinking that it would not be a good idea to try and do something like that unless you happen to be a qualifying senior, in that case by all means open carry while you try and utilize the government program.
Even if it is lawful for a non-senior to visit with no apparent purpose, I think it could be bad publicity.
Of course I absolutely agree we ought to be able to OC all public buildings including the senior center, but I think unless we have some 60+ year old members here who can go with a real purpose I think it might be better to try other venues where there is a more legitimate purpose to be there instead of coming just to object to their unlawful behavior.
If a senior comes to get his meal and is turned away because he wants self-protection, that will be a more positive argument to forcing them to follow the law, and it will be less likely that people will push to change the law. If a young guy shows up, unaccompanied by a senior, with the sole purpose being to protest the lack of following the law, even if succeeding in forcing them to follow the law, will they then testify to the legislature that they need to be allowed to ban guns at the senior center because young guys with guns loiter around?
If you aren't a senior, sending them a letter could still be good but I wouldn't visit without a purpose. If you still had your job, carrying on the job could have been a great way to have official business there that would justify your presence in their facility and it would be better publicity than trying to purchase discount senior meals when you aren't a senior.
As for metal detectors, even a metal detector does not legally entitle a government building to make a gun free zone. NRS 202.3673 bans only concealed carry by permit holders, if there is a sign or a metal detector in place.
As for the RPD story, if I was you I would have tried to at least tell the cops they were wrong about the law. If they were truly ignorant, they now remain as ignorant as before. I have been unjustly stopped a few times in the past for open carry and I never filed a complaint. I didn't want to penalize the officers for their ignorance, at the time. However, I have come to find that many officers know the law fully yet try to intimidate people into not carrying. Those people deserve a complaint, in my opinion. A complaint might be the only thing to get them to change their way. Of course, if department policy is to harass OC'ers than it won't do much good, but might form the basis of a future lawsuit if the continue to act inappropriately despite the complaints.
The DMV does seem to recognize the law. I can't take credit for that, some people sent letters and what not and I didn't. But by OCing there in the past and discussing it with them in person I may have helped reduce their confusion.
I like to OC places but I always make sure I have some real business to accomplish where I am going. I only OC to the DMV when I have business with the DMV, for instance.
Generally, public buildings belong to everyone so one cannot be denied access to them arbitrarily. I'm no lawyer but I would be concerned that without having business in a place it might be possible that they can argue that you came specifically to vex or annoy an occupant, which might fall under trespassing.
NRS 207.200 Unlawful trespass upon land; warning against trespassing.
1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:
(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or
(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,
Ê is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.
2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:
(a) If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:
(1) Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:
(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet; and
(II) Each corner of the land, upon or near the boundary; and
(2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;
(b) If the land is not used in the manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:
(1) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 200 feet; and
(2) Each corner of the land, upon or near the boundary;
(c) Fencing the area; or
(d) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.
3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.
4. An entryman on land under the laws of the United States is an owner within the meaning of this section.
5. As used in this section:
(a) “Fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence. The term does not include a barrier made of barbed wire.
(b) “Guest” means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight. The term does not include a tenant as defined in NRS 118A.170.
[1911 C&P § 500; RL § 6765; NCL § 10447]—(NRS A 1969, 96; 1975, 1169; 1987, 2086; 1989, 997; 2005, 930; 2007, 981; 2009, 141)
According to http://www.washoecounty.us/seniorsrv/nutrition.htm, at the senior center, one should be 60+ in order to get the low priced Senior meals. I'm thinking that it would not be a good idea to try and do something like that unless you happen to be a qualifying senior, in that case by all means open carry while you try and utilize the government program.
Participants must be at least one of the following -
60 or older or
if under 60, either attending with their over-60 spouse
or living and eating lunch at one of the nutrition sites
or disabled and living with a person 60+
Proof of age and/or status of living arrangements may be required.
Even if it is lawful for a non-senior to visit with no apparent purpose, I think it could be bad publicity.
Of course I absolutely agree we ought to be able to OC all public buildings including the senior center, but I think unless we have some 60+ year old members here who can go with a real purpose I think it might be better to try other venues where there is a more legitimate purpose to be there instead of coming just to object to their unlawful behavior.
If a senior comes to get his meal and is turned away because he wants self-protection, that will be a more positive argument to forcing them to follow the law, and it will be less likely that people will push to change the law. If a young guy shows up, unaccompanied by a senior, with the sole purpose being to protest the lack of following the law, even if succeeding in forcing them to follow the law, will they then testify to the legislature that they need to be allowed to ban guns at the senior center because young guys with guns loiter around?
If you aren't a senior, sending them a letter could still be good but I wouldn't visit without a purpose. If you still had your job, carrying on the job could have been a great way to have official business there that would justify your presence in their facility and it would be better publicity than trying to purchase discount senior meals when you aren't a senior.
As for metal detectors, even a metal detector does not legally entitle a government building to make a gun free zone. NRS 202.3673 bans only concealed carry by permit holders, if there is a sign or a metal detector in place.
As for the RPD story, if I was you I would have tried to at least tell the cops they were wrong about the law. If they were truly ignorant, they now remain as ignorant as before. I have been unjustly stopped a few times in the past for open carry and I never filed a complaint. I didn't want to penalize the officers for their ignorance, at the time. However, I have come to find that many officers know the law fully yet try to intimidate people into not carrying. Those people deserve a complaint, in my opinion. A complaint might be the only thing to get them to change their way. Of course, if department policy is to harass OC'ers than it won't do much good, but might form the basis of a future lawsuit if the continue to act inappropriately despite the complaints.
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