NV. question re: carrying in vehicle
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Thread: NV. question re: carrying in vehicle

  1. #1
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    NV. question re: carrying in vehicle

    I found the question below on another web site but I cannot find in the NRS where this is addressed. Is it still legal to carry in one's car or has that changed? All I could find was that it's illegal to carry both open and concealed in any type of school vehicle. I've read every statute I could think of until my eyes blurred. Does anyone know if this is still the case - that we can carry in our vehicles if we don't have a ccw? My g/f is asking me and I cannot find an answer for her. Thanks.

    ---
    From this web site:
    "Can I Conceal a Firearm Without a Permit? Without a CCW permit, a firearm may be concealed in your home or vehicle as long as it is not on your person, concealed by your person, or in a personal item (such as a purse, backpack, briefcase) carried by you. "

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  3. #2
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    Yup its still legal. I do it all the time, I keep it in a locked center console. NRS is silent on the issue however it sees your vehicle as an extension of your home, so keeping a loaded gun in it is ok.. as long as you dont stick it ON your person or in something you can carry on your person.. such as a handbag.

    I REALLY need to get off my butt and get my CCW permit.. been lazy about it since i can open carry and do often.

  4. #3
    I don't believe there is an actual NRS that addresses this. However, in my CCW training, this topic was discussed. In Nevada, it is legal to carry a handgun in your vehicle without a CCW, so long as it is not physically on your person or in a container carried on your person. The only place I have been able to locate info on it, online, is the NRA website. Here is the link I went to that gives the summary http://www.nraila.org/statelawpdfs/NVSL.pdf. If you find additonal information on it, please post. I would be interested to read it.

  5. #4

    RE: Carry in a vehicle nevada

    NRS 202.3653 Definitions. As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:

    1. “Concealed firearm” means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.

    ********

    Opinion 93-14

    "CONCLUSION
    It is our opinion that the language of NRS 202.350 would be narrowly construed to include only those concealed weapons which are actually on the person or in a container carried by the person.
    Sincerely,
    FRANKIE SUE DEL PAPA
    Attorney General"

    http://ag.state.nv.us/publications/a...e/1993_ago.pdf

    Randy here: The law is centered uoon what you 'cannot' do in Nevada. It is focused on the language 'upon his person' for defining concealed carry. The AG opined that means on his person or in a container carried by that person. In order for it to be unlawful to carry anywhere in teh vehicle it would have to specifically state "upon OR ABOUT his person" (just emphasis - no yelling).

    Therefore open carry is lawful. Concealed carry - upon his person or a container carried by the person - is unlawful unless he holds a valid permit. Carry it in the car even wiithout a permit - lawful -- but not concealed on the person or purse, briefcase, lunch sack etc.

    I hope this helps

  6. #5
    At the following link you will find a download of the 1993 AG opinion - a smaller file without the numerous other opinions unrelated to firearms/CCW:

    Stillwater Firearms Association - Downloads

  7. #6
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    I also remember from my days on Packing.org that vehicle carry without a license is illegal in Boulder City and North Las Vegas. Is that still the case, or did the recently passed preemption law change that?
    Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

    Benjamin Franklin

  8. #7
    Quote Originally Posted by tattedupboy View Post
    I also remember from my days on Packing.org that vehicle carry without a license is illegal in Boulder City and North Las Vegas. Is that still the case, or did the recently passed preemption law change that?
    In my opinion, SB-92 (2007) did change that.

    However, the Clark County District Attorney and some (if not all) City Attorneys disagree.

    The NRA agreed with me and retained a noted law firm to pursue the matter, and recently the law firm sent letters to the city attorneys.

    Pending resolution of the matter, I personally would advise that some (if not all) jurisdictions in Clark County still believe their local firearms ordinances are still in effect.

  9. #8
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    My buddy is a police officer and I just asked him about this. He told me that your vehicle is your property, you can place it anywhere in the vehicle. Now if you are going through North Las Vegas they want you to keep in unloaded and in the trunk. Henderson, well, I don't know.

  10. #9
    Quote Originally Posted by HellaGreen View Post
    My buddy is a police officer and I just asked him about this. He told me that your vehicle is your property, you can place it anywhere in the vehicle. Now if you are going through North Las Vegas they want you to keep in unloaded and in the trunk.
    Big difference between "want" and "require by ordinance."

    Especially when such an ordinance has been (I believe) declared unlawful by state law.

    The debate over the changes as passed in SB-92 (2007) continues; I sincerely hope action by the NRA retained law firm will be successful.

    Below are quotes from Nevada law as amended by SB-92:
    NRS 244.364 Limited authority to regulate firearms; restrictions concerning registration of certain firearms in county whose population is 400,000 or more.

    1. 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.

    2. A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.

    3. 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) A period of at least 60 days of residency in the county before registration of such a firearm is required.

    (b) 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. (Added to NRS by 1989, 652; A 2007, 1289)
    NRS 268.418 Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 400,000 or more.

    1. 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 city 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.

    2. The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.

    3. If the governing body of a city 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 governing body shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.

    (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer. (Added to NRS by 1989, 652; A 2007, 1289)
    NRS 269.222 Limited authority to regulate firearms; restrictions concerning registration of firearms in town in county whose population is 400,000 or more.

    1. 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 town 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.

    2. A town board may proscribe by ordinance or regulation the unsafe discharge of firearms.

    3. If a town board 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 town board shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the town before registration of such a firearm is required.

    (b) A period of at least 72 hours for the registration of a pistol by a resident of the town upon transfer of title to the pistol to the resident by purchase, gift or any other transfer. (Added to NRS by 1989, 652; A 2007, 1290)
    And, VERY important:
    Section 5 of chapter 308, Statutes of Nevada 1989, at
    page 653, is hereby amended to read as follows:
    Sec. 5.
    1. Except as otherwise provided in subsection 2, the
    provisions of this act apply to ordinances or
    regulations adopted on or after June 13, 1989.
    2. The provisions of this act, as amended on October 1,
    2007, apply to ordinances or regulations adopted before, on
    or after June 13, 1989
    .

    Sec. 5. A board of county commissioners, governing body of a
    city and town board in a county whose population is 400,000 or
    more shall amend any ordinance or regulation adopted by that body
    before June 13, 1989, that does not conform with the provisions of
    NRS 244.364, as amended by section 1 of this act, NRS 268.418, as
    amended by section 2 of this act or NRS 269.222, as amended by
    section 3 of this act, as applicable, by January 1, 2008. Any
    ordinance or regulation that does not comply with the applicable
    provision by January 1, 2008, shall be deemed to conform with that
    provision by operation of law.
    I am not an attorney nor a legislator. But the law does say 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.city/town may infringe upon those rights and powers.

    The law also says this applies to ordinances or regulations adopted before, on or after June 13, 1989; and any ordinance or regulation that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law.

    So, why do county and city attorneys in Clark County adamantly claim their firearms ordinances remain in effect??? (Less, of course, their "grandfathered" registration schemes.)
    Last edited by varminter22; 01-10-2009 at 08:19 AM.

  11. #10
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    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?
    Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

    Benjamin Franklin

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