imported post
Vegas Rick wrote:
This transportation thing is troubling. It goes way beyond NLV's authority because the state legislatures have clearly limited that authority. Strictly speaking, it reads that the Second Amendment is limited to pedestrians. Selective enforcement? Overreaching of law enforcement powers? A constitutional violation? IMHO, it's a lawsuit waiting to happen. So sad to see our tax dollars at risk.
I agree. As a matter of fact I was talking with a co-worker the other day whose wife carries a lot as she deals with foreclosures. She prefers to OC for the deterrence factor and was traffic stopped in NLV with the weapon. She was given a rough time and made to place the weapon and ammo in the trunk 3 feet apart. At the time she was unaware of both their "law" and the preemption of it. She was livid as she was now forced to not protect herself.
Events like this lead me to believe that they don't really want to prosecute such an issue and they're aware the charge won't hold. They'd much rather attempt to enforce with fear of prosecution so that they can obtain as much compliance as possible without losing a court case and removing the ability to create fear of prosecution. I think that if an informed person were to really press the issue, you'd not get prosecuted for it. They may find some other trumped up charge to prosecute you for not caving to their will, but I don't think they'll choose to risk a loss.
Prosecuting, and losing the case would force their hand. They would likely be forced to remove the code. They would no longer be able to say "It's against the law in NLV and we
could arrest you for this." then force compliance and be happy that you'll likely never do it again for fear of prosecution.
Now that my co-worker has been informed, he has printed the preemption code and given it to his wife, and I can only assume that she has again begun carrying in NLV and feels safe once again doing her job, and confident that she is in the right doing so.