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Thread: Questions about carrying in Nevada and California

  1. Quote Originally Posted by NDS View Post
    The FUD in the post you quoted has been addressed before. Links have been provided wherein the parties involved have stated they will follow the law. People evidently choose not to believe the facts; I don't know why. Also, it's amazing how often these people post when a little time with the 'search' button would provide accurate info.

    It's good to see another poster who values accurate information.
    Dear NDS and NavyLT,

    Perhaps you are completely unaware and ignorant of the fact that preemption did indeed do as you state EXCEPT for those aspects of local laws that were GRANDFATHERED into the preemption bill. Before you blast away in an uniformed manner that others resources input is BS, you may want to learn what laws in the LAS VEGAS area are grandfathered before you go and claim that preemption will protect you.

    Nevada & Local Gun Laws

    The following is a summary of State of Nevada and local gun laws, where applicable:
    Pre-Emption

    Nevada has a "Statewide Pre-emption" law, so counties and localities cannot pass gun laws that are more stringent than the state law. The NSRPA had a lot to do with getting this law passed in Nevada. Clark County (Las Vegas area) had some laws which pre-date the pre-emption (they were "grandfathered") and are still in place.

    Clark County (minus Boulder City) requires registration of handguns only. All other counties have no registration of any guns. For Clark County, the first handgun purchase includes a 72 hour "cooling off" period. A handgun registration card (commonly known as a "blue card" because of its light blued color) is issued for each registered handgun, and must stay with the gun. Examples: If you take the gun to shoot at the range, you must take its blue card also. If you loan the gun to a friend, you must make sure he has the card with it. You may register your handgun at any branch of the Las Vegas Metropolitan Police Department (bring it to them UNLOADED AND IN A SAFE MANNER). If you sell or give away the handgun, you are obligated to have the registration transferred into the name of the new owner. If you wish to purchase other handguns, your "cooling off" period is waived if you have your blue card present.

    Untitled Document

    So, the only BS on this issue is yours it appears since 100% of what the LEO/INstructor taught us 2 months ago appears to be spot on. Thank you for the very interesting exchange.

  2.   
  3. PERMITS FIREARMS REGISTRATION
    Permits > Firearms Registration

    PERMITS NAVIGATION
    LICENSING INFORMATION
    CONCEALED FIREARMS PERMIT
    FIREARM REGISTRATION
    SPECIAL EVENTS PERMIT
    WORK CARDS
    LAW ENFORCEMENT SAFETY
    ACT OF 2004
    NRS 244.364 Limited authority to regulate firearms; restrictions concerning registration of certain firearms in county whose population is 400,000 or more.

    Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county may infringe upon those rights and powers. As used in this subsection, "firearm" means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.
    A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.
    If a board of county commissioners in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the board of county commissioners shall amend such an ordinance or regulation to require:
    A period of at least 60 days of residency in the county before registration of such a firearm is required.
    A period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.
    Except as otherwise provided in subsection 1, as used in this section:
    "Firearm" means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
    "Firearm capable of being concealed" includes all firearms having a barrel less than 12 inches in length.
    "Pistol" means a firearm capable of being concealed that is intended to be aimed and fired with one hand.
    (Added to NRS by 1989, 652; A 2007, 1289)

    Registration
    Registration can be accomplished at any Las Vegas Metropolitan Police Substation and at any other law enforcement agency within the incorporated cities of Clark County. (North Las Vegas, Henderson, Overton, and Mesquite).

    Registration is quick, simple, and easy. To register simply bring your handgun (unloaded) to any police substation. Submit your State Drivers License or State Identification Card. If you were born outside the United States and its territories, you must also provide either documented proof of U.S. citizenship or documented proof as a permanent resident immigrant. You will receive a cursory background check and given a gun registration card. It's that simple; and there is no registration fee. Please Note: The gun registration card is NOT a permit to carry a firearm concealed. Carrying a firearm concealed without a permit is unlawful and punishable as a felony.

    The locations of the Las Vegas Metropolitan Police Substations and other law enforcement agencies within the incorporated cities of Clark County are listed below:

    Las Vegas Metropolitan Police Department

  4. Nevada & Local Gun Laws

    The following is a summary of State of Nevada and local gun laws, where applicable:

    Pre-Emption

    Nevada has a "Statewide Pre-emption" law, so counties and localities cannot pass gun laws that are more stringent than the state law. The latest pre emption law was SB-92 of 2007. Stillwater Firearms Association worked with Senator John Lee and testified in support of SB-92 in 2007. Clark County (Las Vegas area) had some laws which pre-date the pre-emption (they were "grandfathered") and are still in place.

    Shooting Outdoors

    Generally, for any area not designated a "no shooting" or "congested area," shooting is allowed 1,000 yards from any dwelling or structure. (This may vary by county. Please check with your local sheriff). Your backstop and "down range" area must be secure from pedestrian, livestock, or vehicle traffic. Safety is of the greatest importance because of your individual responsibility to ensure public safety. You are responsible and liable for your actions.

    Registration of Firearms

    Clark County (minus Boulder City) requires registration of handguns only. All other counties have no registration of any guns. For Clark County, the first handgun purchase includes a 72 hour "cooling off" period. A handgun registration card (commonly known as a "blue card" because of its light blued color) is issued for each registered handgun. You may register your handgun at any branch of the Las Vegas Metropolitan Police Department (bring it to them UNLOADED AND IN A SAFE MANNER). If you sell or give away the handgun, you are obligated to have the registration transferred into the name of the new owner. If you wish to purchase other handguns, your "cooling off" period is waived if you have your blue card present.

    GONV | Gun Owners of Nevada - CCW

  5. Las Vegas Concealed Handgun Laws in Casinos

    Contributor
    By Neal Litherland, eHow Contributing Writer


    Concealed carry laws in Las Vegas.
    When dealing with concealed firearms there are a lot of questions that have to be asked. The laws will vary by state and city, in addition to the local premise that you'll be carrying your firearm in. For instance, the laws for concealed carrying in a casino in Las Vegas may change from one casino to another.


    Read more: Las Vegas Concealed Handgun Laws in Casinos | eHow.com Las Vegas Concealed Handgun Laws in Casinos | eHow.com

  6. #25
    Nice try.

    We never mentioned those.

    But don't let reality cause you a problem.

    NLV and Boulder carry ordnances not grandfathered.

    We'll give you a pretty little video to watch:
    YouTube - Open Carry in North Las Vegas

    Sorry buddy, no arrests. Like I told ya' -- the locals in NLV and Boulder caved.
    One of the guys in the video owns this:
    http://www.newfrontierarmory.com/catalog/
    Another owns this:
    http://www.infinitearms.com/
    Too bad they're so clueless, isn't it?
    People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam

  7. Nevada Concealed Carry CCW Laws and Information

    Right-To-Carry Law Type: Shall Issue. Nevada has an open carry law that permits a person to carry a handgun in plain view, however, there are exceptions. For instance, Clark County requires you to have a registration to open carry, and you must carry your registration with you when you are carrying a gun. Some cities such as North Las Vegas and Boulder City have "deadly weapon" laws, and you could be cited or arrested if you pass through their jurisdictions with a firearm in your vehicle. The make model and caliber of each firearm to be listed on the permit is also required. An individual may have up to 12 firearms on one permit.

    Last Revised: March 23, 2010

    Office of the Attorney General
    100 N. Carson Street
    Carson City, Nevada 89701-4717
    Phone: (775)684-1100
    Fax: (775) 684-1108
    Email: [email protected]

    Nevada CCW Concealed Carry Hand Gun Legal Info

  8. Quote Originally Posted by NDS View Post
    Nice try.

    We never mentioned those.

    But don't let reality cause you a problem.

    NLV and Boulder carry ordnances not grandfathered.

    We'll give you a pretty little video to watch:
    YouTube - Open Carry in North Las Vegas

    Sorry buddy, no arrests. Like I told ya' -- the locals in NLV and Boulder caved.
    One of the guys in the video owns this:
    New Frontier Armory - Firearm Sales, Transfers, and Consignment
    Another owns this:
    Infinite Arms Inc.
    Too bad they're so clueless, isn't it?
    Thank you once again, but so far you appear to be wrong once again:

    Nevadans are free to don their arms in the open
    Even though it’s legal, not everyone comfortable with gun-wearing citizens, especially some police

    Local laws prohibit possession of guns in Clark County parks or in vehicles within North Las Vegas city limits.

    Violation of the North Las Vegas “deadly weapons” ordinance, on the books since 1978, is a misdemeanor punishable by up to six months in jail and a $1,000 fine. The ordinance provides exceptions to the weapons ban as it pertains to “ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation.” The ordinance has only been enforced in conjunction with traffic stops for other violations, such as speeding or suspicion of criminal activity, police say.

    It also appears to violate the state law that gives the Legislature, not local governments, the power to regulate firearms, UNLV Boyd School of Law professor Thomas McAffee says.

    “The state statute does permit some older local registration requirements, but the city ordinance here is a complete ban on possession in a motor vehicle, which seems to clearly fall within the scope of the state reservation of authority,” McAffee says.

    Michael Davidson, North Las Vegas’ chief criminal attorney, said his interpretation is that the ordinance is legal because when the state law was last revised in 2007, the intent was to preserve pre-1989 local gun laws that had nothing to do with firearm registration. He said there have been dozens of cases in recent years where convictions that included violation of that ordinance have been upheld in North Las Vegas Municipal Court without a single appeal of the weapons ban made to District Court in Clark County.

    “The intent was to go after gangbangers, not mom and pop in the RV,” Davidson says.

    Farrell and other local open-carry advocates counter that North Las Vegas’ law is unconstitutional on its face, no matter the intent.

    These advocates staged peaceful protests in North Las Vegas last year — picking up litter “to show we’re just regular guys” — and in January in front of Bally’s on the Strip, where numerous tourists had their pictures taken with Farrell and roughly 20 of his fellow gun-toters.

    Nevadans are free to don their arms in the open - Wednesday, April 7, 2010 | 2 a.m. - Las Vegas Sun

    GOOD LUCK fighting North Las Vegas. Perhaps you might want to talk to Mike Davidson above before you protest what appears to be upheld local laws despite the preemption. Thanks NDS and NavyLT for your advice but I will go with the LEO/Instructor at my CCW class. Thank you nevertheless.

  9. #28
    Well my original question was basically if anyone had any information of FACT, please reply. There seems to be a lot of debate on interpretation of law so I really don't know much more than I did. So, I'll stick with my original plan of just keeping my gun in my vehicle, loaded and concealed in NV, unloaded, and locked up in CA. I don't plan on getting pulled over so I should be ok regardless. Thanks for all the input. :-)

  10. #29
    This has been hashed and rehashed in the local press and NLV and Boulder caved. Officially, Boulder and NLV authorities have said they follow NV law. Yes, NLV has a 'driving with a deadly weapon law' that they really can't enforce. The DA drops charges if they can't follow the standard 'pile charges on and get a guilty plea' that LEO typically use. The fact is, NLV can't enforce their ordnance and they don't. Does that mean NLV cops don't illegally harass people? No way -- many cops across the country disregard the law as they please. In practice, it appears NLV LEO leave people legally carrying alone unless they have an issue with them -- then they add the 'driving with deadly weapon' BS on knowing it can't be enforced.

    Also, since you brought up the blue card -- just within the last couple of months there's been a memo sent out that gun owners don't have to carry the "blue butt wipe" with them. I still do because I know cops routinely fail to read or disregard those instructions. There's no penalty for LEO when they show disdain for the public -- the DA sorts it out along with the judge.

    Quote Originally Posted by Alaska444 View Post
    Thank you once again, but so far you appear to be wrong once again:

    Nevadans are free to don their arms in the open
    Even though it’s legal, not everyone comfortable with gun-wearing citizens, especially some police

    Local laws prohibit possession of guns in Clark County parks or in vehicles within North Las Vegas city limits.

    Violation of the North Las Vegas “deadly weapons” ordinance, on the books since 1978, is a misdemeanor punishable by up to six months in jail and a $1,000 fine. The ordinance provides exceptions to the weapons ban as it pertains to “ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation.” The ordinance has only been enforced in conjunction with traffic stops for other violations, such as speeding or suspicion of criminal activity, police say.

    It also appears to violate the state law that gives the Legislature, not local governments, the power to regulate firearms, UNLV Boyd School of Law professor Thomas McAffee says.

    “The state statute does permit some older local registration requirements, but the city ordinance here is a complete ban on possession in a motor vehicle, which seems to clearly fall within the scope of the state reservation of authority,” McAffee says.

    Michael Davidson, North Las Vegas’ chief criminal attorney, said his interpretation is that the ordinance is legal because when the state law was last revised in 2007, the intent was to preserve pre-1989 local gun laws that had nothing to do with firearm registration. He said there have been dozens of cases in recent years where convictions that included violation of that ordinance have been upheld in North Las Vegas Municipal Court without a single appeal of the weapons ban made to District Court in Clark County.

    “The intent was to go after gangbangers, not mom and pop in the RV,” Davidson says.

    Farrell and other local open-carry advocates counter that North Las Vegas’ law is unconstitutional on its face, no matter the intent.

    These advocates staged peaceful protests in North Las Vegas last year — picking up litter “to show we’re just regular guys” — and in January in front of Bally’s on the Strip, where numerous tourists had their pictures taken with Farrell and roughly 20 of his fellow gun-toters.

    Nevadans are free to don their arms in the open - Wednesday, April 7, 2010 | 2 a.m. - Las Vegas Sun

    GOOD LUCK fighting North Las Vegas. Perhaps you might want to talk to Mike Davidson above before you protest what appears to be upheld local laws despite the preemption. Thanks NDS and NavyLT for your advice but I will go with the LEO/Instructor at my CCW class. Thank you nevertheless.
    And^that^ is one of the problems with our world. You have to have deep pockets to fight city hall. When NLV breaks the law the DA tries to make it look good for the city. Things are changing and the complaints here are becoming less common. But that's still a separate issue from the OP and the FUD. (Las Vegas Sun - not the best source for unbiased reporting, btw)

    Again, this is a different discussion that what we started with. We started with what is the law and what should I do. The steps outlined in the OP would be fine. The other outdated BS is constantly brought up.
    People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam

  11. #30
    Quote Originally Posted by Mountaingoat61 View Post
    Well my original question was basically if anyone had any information of FACT, please reply. There seems to be a lot of debate on interpretation of law so I really don't know much more than I did. So, I'll stick with my original plan of just keeping my gun in my vehicle, loaded and concealed in NV, unloaded, and locked up in CA. I don't plan on getting pulled over so I should be ok regardless. Thanks for all the input. :-)
    To get back to your OP. You are fine. Yes, NLV LEO have a history of abusing people and their rights, but that can happen anywhere. If you don't cause problems during a traffic stop you'll probably have no problems here either.

    Sorry your thread got polluted with the usual FUD -- this has been discussed here and other fora before. The situation in Nevada is changing and many don't try to keep up but are happy to post old news.
    People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam

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