NV. question re: carrying in vehicle

[Scout]

Originally Posted by tattedupboy

So you say that North Las Vegas "wants" people without licenses to keep their guns unloaded. Are LEOs there still arresting people without licenses who carry loaded in their vehicles?

This would be interesting to know.

I hope someone can answer this question as I am a new NV resident.

[vegasgun]

Originally Posted by Scout

This would be interesting to know.

I hope someone can answer this question as I am a new NV resident.

Hey Scout,

Since you are the newbie in the state - why don't we send you through NLV a little over the speed limit and loaded gun in view...then we would really know!!

My tongue is firmly planted in my cheek - just kidding.

I will ask one of our Members who is a metro officer and add that info later.

[netentity]

Originally Posted by vegasgun

I will ask one of our Members who is a metro officer and add that info later.

LVMPD does not have jurisdiction to enforce NLV (or northtown as I call it) city codes. LVMPD can only enforce Clark County and City of Las Vegas codes. The North Las Vegas City code was amended removing all of the deadly weapon codes including vehicle carry. The current and incumbent NLV Mayor is pro-RBKA, the city council prior to the passage of SB92 is not which isn't surprising city northtown is Clark County version of south central Los Angeles or the lower 9th ward of N'awlins. I can't comment on the current city council. It's gotten better since Gerson Park was bulldozed, it's still not that great around old northtown.

The only local code that is in force and enforced is the Clark County handgun registration and that applies to persons in Clark County for longer than 60 days and residents of Clark County.

[vegasgun]

Originally Posted by netentity

LVMPD does not have jurisdiction to enforce NLV (or northtown as I call it) city codes. LVMPD can only enforce Clark County and City of Las Vegas codes. The North Las Vegas City code was amended removing all of the deadly weapon codes including vehicle carry. The current and incumbent NLV Mayor is pro-RBKA, the city council prior to the passage of SB92 is not which isn't surprising city northtown is Clark County version of south central Los Angeles or the lower 9th ward of N'awlins. I can't comment on the current city council. It's gotten better since Gerson Park was bulldozed, it's still not that great around old northtown.

The only local code that is in force and enforced is the Clark County handgun registration and that applies to persons in Clark County for longer than 60 days and residents of Clark County.

Greetings Netentity,

I agree on the enforcement part, but my thrust was to their knowledge of practical application of the NLV officers in NLV and likewise with BC.

Here are the pertinent statements from these men (one an active officer; the other retired high ranking LEO):

"I did call the Concealed Weapons Office at Metro. You are correct on the changes in state law, but NLV and BC don’t interpret the way we do and still enforce the city ordinances. NLV is especially strict. I was told of an instance where in a CCW holder was charged because the gun was in the seat as opposed to on his person. Now that is pretty picky.
I have always found the safest way is to not attract attention, but you never know what is coming your way in the form of other people acting ignorant or drunk. So I guess it’s better safe than sorry, take the shortest way though NLV or BC or bypass them."

"NLV still has the ordinance of no loaded firearms in the vehicle…. everywhere else is ok as long as it is registered and the person is not a prohibited person for a having a firearm. Not sure about BC. I would suggest that if someone wishes to carry a firearm, they should go get a CCW. Then it doesn’t matter where your at."

So yes, the pre-emption law makes it 'legal'; but in practical terms you may have to go through the system to enjoy your rights in NLV and BC.

I think this gets us bak to where we started.

Any takers on an active testing of NLV or BC??? 8^))

[varminter22]

Originally Posted by vegasgun

Greetings Netentity,

I agree on the enforcement part, but my thrust was to their knowledge of practical application of the NLV officers in NLV and likewise with BC.

Here are the pertinent statements from these men (one an active officer; the other retired high ranking LEO):

"I did call the Concealed Weapons Office at Metro. You are correct on the changes in state law, but NLV and BC don’t interpret the way we do and still enforce the city ordinances. NLV is especially strict. I was told of an instance where in a CCW holder was charged because the gun was in the seat as opposed to on his person. Now that is pretty picky.
I have always found the safest way is to not attract attention, but you never know what is coming your way in the form of other people acting ignorant or drunk. So I guess it’s better safe than sorry, take the shortest way though NLV or BC or bypass them."

"NLV still has the ordinance of no loaded firearms in the vehicle…. everywhere else is ok as long as it is registered and the person is not a prohibited person for a having a firearm. Not sure about BC. I would suggest that if someone wishes to carry a firearm, they should go get a CCW. Then it doesn’t matter where your at."

So yes, the pre-emption law makes it 'legal'; but in practical terms you may have to go through the system to enjoy your rights in NLV and BC.

I think this gets us bak to where we started.

Any takers on an active testing of NLV or BC??? 8^))

I cannot afford to drive 400 miles one way to Vegas to be the guinea pig - nor can I afford the attorneys.

But, when the NRA first said they would take on this issue I told them I WOULD drive to Vegas and be the test case IF the NRA needs someone to do so and if the NRA (or another group) will handle the attorney fees, etc.

After all, it IS misdemeanor offenses that we're talking about. Read the code(s).

IF it takes an individual to be accused of violating a local code (misdemeanor) in order to gain "standing", sobeit it - we just need group funding (or a rich individual!) for the attorney fees!

[vegasgun]

Originally Posted by varminter22

I cannot afford to drive 400 miles one way to Vegas to be the guinea pig - nor can I afford the attorneys.

But, when the NRA first said they would take on this issue I told them I WOULD drive to Vegas and be the test case IF the NRA needs someone to do so and if the NRA (or another group) will handle the attorney fees, etc.

After all, it IS misdemeanor offenses that we're talking about. Read the code(s).

IF it takes an individual to be accused of violating a local code (misdemeanor) in order to gain "standing", sobeit it - we just need group funding (or a rich individual!) for the attorney fees!

Well said - (I don't have the backing either).

Another thought that was conveyed to me is that in NLV, sometimes, the level of enforcement of the old codes is directly related to the individual (Joe the Plumber gets a warning; Joe the crack head gets the full treatment type of event).

I hope to see the NLV and BC come into line with the current law soon (in practical application). The NRA may be the catalyst that shortens that time span.

[netentity]

Originally Posted by vegasgun

I agree on the enforcement part, but my thrust was to their knowledge of practical application of the NLV officers in NLV and likewise with BC.

Here are the pertinent statements from these men (one an active officer; the other retired high ranking LEO):

"I did call the Concealed Weapons Office at Metro. You are correct on the changes in state law, but NLV and BC don’t interpret the way we do and still enforce the city ordinances. NLV is especially strict. I was told of an instance where in a CCW holder was charged because the gun was in the seat as opposed to on his person. Now that is pretty picky.

That isn't what I've heard from seeing an e-mail from the NLV Mayor on another forum. This was shortly after SB92 passed. The city council was compelled by SB92 to change the code. If a city, county or town elects to not follow State law they are opening themselves up for criminal and civil liability at both the State and federal level.

I have also heard of BC losing in Clark County municipal court over a firearm that was holstered. This was told to me by Bob Irwin of the Gun Store during a CCW class. The person cited appealed the case, BC lost as the dictionary definition of a holster being a "case" for a firearm. Unfortunately he did not have the other party of the case or docket number of the case or date in question.

I have always found the safest way is to not attract attention, but you never know what is coming your way in the form of other people acting ignorant or drunk. So I guess it’s better safe than sorry, take the shortest way though NLV or BC or bypass them."

I avoid northtown to begin with. I typically only pass through BC when I am crossing the dam into AZ or need to go to Laughlin. Also keep in mind that if you are minding your own business and do not drawing attention to yourself you're not a blip on the radar screen of a LEO.

"NLV still has the ordinance of no loaded firearms in the vehicle…. everywhere else is ok as long as it is registered and the person is not a prohibited person for a having a firearm. Not sure about BC. I would suggest that if someone wishes to carry a firearm, they should go get a CCW. Then it doesn’t matter where your at."

So yes, the pre-emption law makes it 'legal'; but in practical terms you may have to go through the system to enjoy your rights in NLV and BC.

There's a laundry list of offenses a public officer can be convicted of under NRS 197; the most relevant statute being oppression under the color of office which is a category D felony. What would most likely happen in that case is they would grease your palm to make you go away and have the criminal charges dropped if you managed to get them escalated to the point to where you could get the DA or AG to file a criminal complaint. You can always go after them for civil damages.

Any time you do anything in this world you may need to go through the system. If you have to use your firearm for any reason, you will go through the system. That's the cost of doing business if you carry. You need to be in the mind set.

Any takers on an active testing of NLV or BC??? 8^))

For me to be an active tester I would have to do something that would merit being approached by a LEO in an official capacity which would also in turn merit searching my vehicle. The only incident I could think of that would merit that by chance would be a motor vehicle accident where I required medical attention. No thanks, my insurance rates are high enough even with my driving record being clean. I also don't need to cause myself any more permanent injuries. I also have a valid NV CFP so it would be unlikely I would be charged with anything to begin with. The moment they pull up one of my vehicle plate numbers, my name or drivers license number the investigating LEO of the accident would show up as a hit as a valid NV CFP holder in the Nevada Criminal Repository. The responding and reporting LEO would then probably be looking for any firearm(s) on my person or within my vehicle if they were not already discovered by paramedics, the fire department or the tow truck driver if I was unable to inform them of any. PI awards are rarely all they are cracked up to be.

[Scout]

Originally Posted by vegasgun

Hey Scout,

Since you are the newbie in the state - why don't we send you through NLV a little over the speed limit and loaded gun in view...then we would really know!!

My tongue is firmly planted in my cheek - just kidding.

I will ask one of our Members who is a metro officer and add that info later.

I've mistakenly misrepresented my location of residence. For some reason I thought I was in NLV.

I actually live in Summerlin, so vegasgun.....put your tounge back in your mouth

[vegasgun]

Originally Posted by Scout

I've mistakenly misrepresented my location of residence. For some reason I thought I was in NLV.

I actually live in Summerlin, so vegasgun.....put your tounge back in your mouth

Great - You will enjoy Summerlin much more than NLV. Just FYI the western boundary for NLV is Decatur Blvd on the north side of Rancho. It is not marked and this tidbit might come in handy when you are driving around.

[Scout]

Originally Posted by vegasgun

Great - You will enjoy Summerlin much more than NLV. Just FYI the western boundary for NLV is Decatur Blvd on the north side of Rancho. It is not marked and this tidbit might come in handy when you are driving around.

Duley noted....Thank you for the info.