Nevada (Open) Carry Pamphlet

[Vegassteve]

.

For a sign to be legal, it must cite a statute,ty.

I dont find this in the law. Here is the paragraph from the law about signs on public owned buildings. It says nothing to the effect of needing to cite a statute. If it is in the statute someplace can you please point it out for me? It would help us all to understand better.


(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 is on the premises of the public building pursuant to subsection 4.

 

[chrsjhnsn]

a Church I go to occasionaly

has child care on the premises, I cant carry concealed or open in there?

 

[john-in-reno]

has child care on the premises, I cant carry concealed or open in there?

Reading thru the United States Code (USC) this is what I find,

TITLE 18, PART I, CHAPTER 44, § 921 Definitions
(25) The term “school zone” means— (A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
(26) The term “school” means a school which provides elementary or secondary education, as determined under State law.

And the way I read it is K-12, Schools run by the church that teach K-12, private schools are schools that charge a tuition

So as far as I see it, and keep in mind I am NOT a lawyer, if it is only child care and they DO NOT teach k-12 there and they don't charge Tuition for schooling then that should be ok

another thing is if the pastor will let you open carry in there?

 

[Felid`Maximus]

Childcare facilities are off limits per NRS 202.265.

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)

It is a good question. If the church has a childcare facility on its property, is the whole property considered to be the property of the child care facility? I couldn't say, but if I wanted to err on the safe side, I would assume that it did. Is the childcare facility a licensed childcare facility persuant to NRS 431A or licensed by a city or county? It must be licensed in order to count as a childcare facility.

You can gain written permission of "the person designated by a child care facility to give permission to carry."

Other interesting tidbits:

NRS 432A.024 “Child care facility” defined.
1. “Child care facility” means:
(a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children;
(b) An on-site child care facility;
(c) A child care institution; or
(d) An outdoor youth program.
2. “Child care facility” does not include:
(a) The home of a natural parent or guardian, foster home as defined in NRS 424.014 or maternity home;
(b) A home in which the only children received, cared for and maintained are related within the third degree of consanguinity or affinity by blood, adoption or marriage to the person operating the facility; or
(c) A home in which a person provides care for the children of a friend or neighbor for not more than 4 weeks if the person who provides the care does not regularly engage in that activity.
(Added to NRS by 1991, 2300; A 1993, 870; 1997, 3322; 2007, 1191)

NRS 432A.0245 “Child care institution” defined. “Child care institution” means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. Such an institution may also provide, without limitation:
1. Education to the children according to a curriculum approved by the Department of Education;
2. Services to children who have been diagnosed as severely emotionally disturbed as defined in NRS 433B.080, including, without limitation, services relating to mental health and education; or
3. Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS.
(Added to NRS by 2007, 1190)

NRS 432A.028 “Outdoor youth program” defined. “Outdoor youth program” means a program for the provision of services, while living outdoors, to persons under 18 years of age who have behavioral problems, problems with mental health or problems with the abuse of alcohol or drugs. The term does not include any facility, activity or program:
1. Operated by or on behalf of a governmental entity; or
2. Licensed by the Health Division of the Department.
(Added to NRS by 1991, 2300)

NRS 432A.030 Liberal construction. The provisions of this chapter must be liberally construed to effect its purposes.
(Added to NRS by 1973, 1687; A 1991, 2308)

NRS 432A.0275 “On-site child care facility” defined. “On-site child care facility” means an establishment that:
1. Is licensed pursuant to this chapter;
2. Provides care to the children of employees of a business at the place of employment;
3. Provides care on a temporary or permanent basis, during the day or overnight, to five or more children who are under the age of 18 years and who are not related within the third degree of consanguinity or affinity to an owner or manager of the business; and
4. Is owned, operated, subsidized, managed, contracted for or staffed by the business.
(Added to NRS by 1997, 3322)

 

[john-in-reno]

Thanks Felid`Maximus,

I was in a hurry this morning and missed that

 

[chrsjhnsn]

if the pastor isn't cool with gun carry then I'll find a different place to attend, I've seen barely concealed there though so I always thought it was cool.
I'll have to find out if it is a licensed child care, BTW thanks for all the hard work you guys/gals rock!

 

[gddb856]

So just to be clear, If I am a resident of TX, when i visit Las Vegas(Clark County), I can open carry with fully loaded and 1 on the chamber? If I am staying less than 30 days, I do not need to register my semi-auto?

Also regarding Rifle, I can have my rifle with a loaded magazine attached to the rifle but not in the chamber?


one may not have in a vehicle any rifle or a shotgun with the chamber loaded. Rifles and shotguns may contain a fully loaded magazine however. Handguns are fine fully loaded including with a loaded chamber.

 

[Felid`Maximus]

Correct. And you could be there as long as 60 days without having to register your handguns.

When you aren't in a vehicle, a rifle can have a round chambered, but due to a law in the "hunting" section of the revised statutes, a chambered round in a long gun is not permissible when in a vehicle.

 

[OC-moto450r]

Request for update

2A

 

[john-in-reno]

First off, thank you for compiling all this information! Being new here I was going to do the same thing but y'all have saved me (and I'm sure many others) a lot of time.

I would like to know if you will up date both pamphlets to reflect that Title 18 USC Sec 926(a) is exclusively dealing with "interstate" travel (defined here) not "intrastate" travel.
When I read the current verbiage in the pamphlets, I thought I was breaking Federal Law by OCing in my car within the state of Nevada. As these pamphlets are meant for people that are new to OCing, I'm sure there are others that will have the full body shiver, as I did, when they read the current pamphlets.
I am only posting this because I am "assuming" you, Felid and John-in Reno, would like to keep control of the edits made to the pamphlets. Also, if you think the change is a moot point, please say so.
Thanks again for your work!

thanks for bringing this up, I will check it out sometime today as i just woke up and my brain is still asleep, I also need to look the pamphlet and incorporate the changes the our legislators made this year.

 

[Felid`Maximus]

926A does not impose any limitations whatsoever on the person... it is a limitation on the abilities of state and local governments to prevent transportation of firearms if the firearms are transported in accordance with it. It is one of the laws most confused in its meaning and intent. I suppose it has little application in Nevada because if a local government entity (like the city of North Las Vegas) tried to stop you from having a gun in your car, the state preemption laws are a stronger protection than the federal laws anyway. Assuming that the state preemption laws do not become ruled meaningless or unconstitutional in court.

It might be better if the pamphlet does not mention 926A because 926A is mainly a protection against laws of the type that Nevada does not have. 926A is an extremely useful law if you are passing through California to get to Oregon though, and your guns are illegal in California.

922Q is intended by the federal government to be a criminal statute banning guns near schools, declaring that Congress can regulate guns because it declares that "all guns have traveled in interstate commerce" in the past. Basically, with the Federal interpretation of the commerce clause, they give themselves unlimited power. The application of the law is the same since U.S. vs Lopez, only that it has convoluted words in it that sprawl "interstate commerce" all over it that have no real meaning other than signifying a lame attempt by Congress to make a law ruled unconstitutional the Supreme Court of the United States somehow legitimate.

The new laws passed by the legislature have not yet come into effect as of June 30. Most of the applicable changes do not take effect until tomorrow and some acts of the legislature come into effect later yet.

 

[OC-moto450r]

2A

 

[Felid`Maximus]

Okay, a new version has been released reflecting the new laws that have come into effect today, and the new DPS list of recognized permits. Per AB 282, the division of state parks may not pass more stringent regulations. The pamphlet has also been reordered for a more consistent formatting. A brief description of who is eligible to carry a firearm is added, such as the age and criminal records requirements. Also, I added a note mentioning that one must carry their permit if they are carrying concealed. I also made the federal school zone discussion more concise, and rewrote the description of USC 926A in an attempt to reduce confusion over it. The .doc version is available on the first page.

 

[Felid`Maximus]

If you downloaded before 2:05 PM today, I have actually just made another revision. I organized the federal law section better by dividing it into a Federal Preemption section and a Federal Restrictions section, and made the formatting more consistent. (12:45 PM) Then I realized I put KA instead of KS for Kansas (1:40 PM) Then I changed "blood alcohol level above .10" to "blood alcohol concentration of 0.10 or higher" to be more technically correct. (2:05PM)

http://dl.dropbox.com/u/2883584/NVCarryPamphlet.pdf

 

[Neo]

Thank you so much for compiling this information into a single reference document. Since OCDO is used by many from all states in determining a best manner of carry for travel, would you consider adding information for those of us from out-of-state traveling to NV for business and/or pleasure? TIA

- Neo

If you downloaded before 2:05 PM today, I have actually just made another revision. I organized the federal law section better by dividing it into a Federal Preemption section and a Federal Restrictions section, and made the formatting more consistent. (12:45 PM) Then I realized I put KA instead of KS for Kansas (1:40 PM) Then I changed "blood alcohol level above .10" to "blood alcohol concentration of 0.10 or higher" to be more technically correct. (2:05PM)

http://dl.dropbox.com/u/2883584/NVCarryPamphlet.pdf

 

[Felid`Maximus]

Thank you so much for compiling this information into a single reference document. Since OCDO is used by many from all states in determining a best manner of carry for travel, would you consider adding information for those of us from out-of-state traveling to NV for business and/or pleasure? TIA

- Neo

You're welcome.

I do mention the list of state concealed firearm permits that are recognized in Nevada. The rules for people from out of state are pretty much the same as the rules for residents. (The only difference I can think of off the top of my head is that if you are not a resident of NV, any recognized permit will work, whereas if you are a Nevada resident, only the Nevada permit works... and Clark County has a registration scheme, which only applies to residents of Clark County or people who will stay in Clark County for more than 60 days.)

Is there something specific you think could be added to make it more useful to people out of state?

 

[Neo]

Thank you, again. I was looking for more clarity regarding open carry for visitors, especially in and around Las Vegas/Clark County. Even with your excellent compilation, I'm having a hard time convincing myself what is and is not allowed there.

For example, what if I come out to Front Sight for training? Since I'm from AL, my CCW permit is no good in NV. If I stay in Las Vegas, can I OC there without causing a problem?

You're welcome.

I do mention the list of state concealed firearm permits that are recognized in Nevada. The rules for people from out of state are pretty much the same as the rules for residents. (The only difference I can think of off the top of my head is that if you are not a resident of NV, any recognized permit will work, whereas if you are a Nevada resident, only the Nevada permit works... and Clark County has a registration scheme, which only applies to residents of Clark County or people who will stay in Clark County for more than 60 days.)

Is there something specific you think could be added to make it more useful to people out of state?

 

[ADulay]

Thank you, again. I was looking for more clarity regarding open carry for visitors, ....

For example, what if I come out to Front Sight for training? Since I'm from AL, my CCW permit is no good in NV. If I stay in Las Vegas, can I OC there without causing a problem?

This is a question I've got also.

Nevada does not recognize my CCW from Florida for some reason so that only leaves open carry as an option in Nevada. Am I interpreting that correctly?

AD

 

[Felid`Maximus]

Correct, open carry would be legal for visitors in Las Vegas without any permits.

Permits that aren't recognized by Nevada unfortunately have no meaning at all under the law, so if one was caught carrying concealed with a permit that isn't recognized, the penalty would be the same as if you had no permit at all. Alabama and Florida are currently not recognized by Nevada, unfortunately.

If you will be in Clark County for more than sixty days, registration will be required, but otherwise there is no requirement to register.

There have been some issues with Clark County lately... Clark County refuses to acknowledge that their ban on firearms in County Parks is preempted by the state. As far as I know, nobody has been charged, but the county insists that their code is valid. The city of North Las Vegas also has a code prohibiting weapons in vehicles, and a person was recently charged with violating that ordinance. ( http://forum.opencarry.org/forums/showthread.php?92283-My-Son-Was-Arrested-in-North-Las-Vegas ) I hope and expect the charge will be found to be in error.

In light of this recent development, it probably would make sense if caution was recommended with regards to local ordinances.

In my non-lawyer opinion, all of these local ordinances should be illegal under current preemption laws, (other than registration in Clark County, which the law specifically allows for.) Local government entities in the northern parts of the state, such as Storey County and the city of Sparks have repealed their local ordinances in acknowledgement of the State laws which invalidate them.

.....

In my recent attempt to clarify who may open carry, I may have confused things by making it sound as if you need to own the firearms, at the top of the pamphlet. To clarify, one needn't own a firearm to open carry it, one must merely not be a person prohibited by law from owning or possessing a firearm. I need to revise some wording.

 

[Lostlittlerobot]

To neo and adulay, and others:

Thanks to those who make and reply to this pamphlet thread and remain vigiliant in keeping it up to date. It seems the best source to help all of us, in state and outsiders, in keeping current with the ever changing laws.

If your out of state conceal permit is not recognized in NV, as many are no longer...you may open carry here without fear. No laws regular open carry specifically.