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NLV - OC in a car?

DSan

Regular Member
Joined
Jan 19, 2013
Messages
20
Location
Colorado Springs, CO
I'm new to the open carry scene and I am sure this has been asked before... but the search function doesn't seem to work well for me... anyhow my question relates to open carrying in a vehicle while in North Las Vegas. First... this:

Vehicles In a vehicle, a weapon may be concealed anywhere within the vehicle, or it may be out in the open within the vehicle. The only place it may not be when in a vehicle is concealed upon a person, such as under a jacket or in a pocket, unless that person has a concealed firearm permit.

According to NRS 503.165 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.

Now I couldn't resist and called NLVPD and inquired. They told me that in order to legally "open carry a handgun in a vehicle" that I had to have the weapon unloaded. No rounds chambered. No magazine in the firearm. This is to "legally openly carry a handgun in a vehicle" in NLV. This seems to contradict NRS 503.165 however.

Can someone offer me some clarification?
 
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MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,337
Location
Nevada
Next time, resist.

NEVER ask a cop what the law is. First, IT IS NOT THEIR JOB TO KNOW. Second, they are usually ignorant of the law when it is not something obvious or something they deal with everyday. Third, they can and WILL lie to you, and they are allowed by law to knowingly do so.

Also, they MIGHT be correctly telling you a local ordinance, without telling you (on purpose) that it is completely unenforceable because it itself is in violation of state law. This is mostly what happened to you in this instance. Now, there are some cases where NLV has enforced this ordinance, but I've only heard about it against those who were already on the hook for thug-like behavior. And even those guys got those charges dropped (eventually) if they fought them.

Many of us OC in NLV. We don't do anything special whether we are in our vehicles or not, and that includes walking in and out of pubs. And there is no permit required; no ID, neither.

NEVER ask a cop what the law is. Not only is it not their job to know, BUT YOU ONLY ENCOURAGE THEM to be the guy that tells people what the law is.

Now, when you called NLVPD, who did you talk to? Beat cop? Desk sergeant? The nice lady that answered the phone? Who?

Remember, if cops knew the law, they'd be lawyers, not cops.
 
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usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
Here are the applicable City of North Las Vegas Municipal Ordinances:

9.32.080 - Deadly weapon prohibited in vehicle—Exceptions

It is unlawful for any person to have in his possession in any automobile, truck, motorcycle, or any other type of vehicle any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of 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.


9.32.040 - Dangerous or deadly weapon defined

The term "dangerous or deadly weapons" includes, but is not limited to, any dirk or dagger; any knife with a blade three inches or more in length, and any snap-blade or spring-blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; and any cutting, stabbing, or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any firearm other than (a) one carried pursuant to a valid permit, issued by a duly authorized government authority, or (b) an ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport.



North Las Vegas cops will cite and arrest for violations of the city ordinance... depending on the circumstance and the "whim" of the cop. I have personal knowledge of that. However, fighting such citations has most always resulted in the city dismissing the charge.

As far as asking those in the CNLV Police Department (or any other PD for that matter) as to what "the law" is... you might just as well ask my 8 year old grand daughter. They (the PD) repeat what has been "told" to them by whomever and they generally have no idea what they are talking about... any answer (and the answer is usually one that is detrimental to the citizen and beneficial to the PD) is a "good" one from their perspective.
 

wildbill7459

New member
Joined
Oct 25, 2013
Messages
2
Location
N. Las Vegas
Clark County Shooting Complex

If the North Las Vegas Municipal Ordinances says we cant have guns in your cars...how do all those people get their guns to the Shooting Complex located on N. Decatur in North Las Vegas....
 

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,967
Location
Waco, TX
If the North Las Vegas Municipal Ordinances says we cant have guns in your cars...how do all those people get their guns to the Shooting Complex located on N. Decatur in North Las Vegas....

The ordinance excludes the transportation to and from a shooting range.

TBG
 

DON`T TREAD ON ME

Regular Member
Joined
May 17, 2009
Messages
1,233
Location
Las Vegas, Nevada, USA
The ordinance excludes the transportation to and from a shooting range.

TBG

If you read the statute carefully it exclude nearly any lawful purpose. eliminating any legitimate purpose for the Ordinance.

9.32.080 - Deadly weapon prohibited in vehicle—Exceptions

It is unlawful for any person to have in his possession in any automobile, truck, motorcycle, or any other type of vehicle any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of 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.


9.32.040 - Dangerous or deadly weapon defined

The term "dangerous or deadly weapons" includes, but is not limited to, any dirk or dagger; any knife with a blade three inches or more in length, and any snap-blade or spring-blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; and any cutting, stabbing, or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any firearm other than (a) one carried pursuant to a valid permit, issued by a duly authorized government authority, or (b) an ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport.



This is the part I believe they (those who are tasked with upholding our rights) want to enforce, but do not want to run into a court decision as it contrasts with the constitution.
one carried pursuant to a valid permit, issued by a duly authorized government authority,
 

Turbod'1

Regular Member
Joined
Sep 8, 2013
Messages
181
Location
Henderson, NV now Texas. I move a lot.
Live and OC in North Las Vegas almost daily for close to two years.
Have never had any issues and do not worry about having any.

I feel compelled to ask: Have you ever been pulled over? I've OC'd daily for the last few months and have never been pulled over [I drive awesomely] so I have no local experience dealing with that. Still, for the good of the community, I'm curious as to how you handled it --if, in fact you have been pulled over.


If you read the statute carefully it exclude nearly any lawful purpose. eliminating any legitimate purpose for the Ordinance

No it doesn't: by your own admission and the statue presented, read CAREFULLY that it says "shall not be deemed to prohibit the carrying of 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". More later.

9.32.080 - Deadly weapon prohibited in vehicle—Exceptions

It is unlawful for any person to have in his possession in any automobile, truck, motorcycle, or any other type of vehicle any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of 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.


9.32.040 - Dangerous or deadly weapon defined

The term "dangerous or deadly weapons" includes, but is not limited to, any dirk or dagger; any knife with a blade three inches or more in length, and any snap-blade or spring-blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; and any cutting, stabbing, or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any firearm other than (a) one carried pursuant to a valid permit, issued by a duly authorized government authority, or (b) an ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport.



This is the part I believe they (those who are tasked with upholding our rights) want to enforce, but do not want to run into a court decision as it contrasts with the constitution.

From what you've sited, it sounds like I should be worried that OC'ing in a vehicle as the OCing of a pistol doesn't seem to be addressed directly in this?

For the new people, is a gun a tool or is it more important that it be carried in good faith?

Is lawfully carried a semantic or legal term?

All the talk here YET the people mostly likely to site the NRS's never seem to answer a question with any level of CONFIDENCE.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,337
Location
Nevada
I feel compelled to ask: Have you ever been pulled over? ...

...

All the talk here YET the people mostly likely to site the NRS's never seem to answer a question with any level of CONFIDENCE.
I've been pulled over plenty of times by every jurisdiction in Clark County except for City of Boulder City and City of Mesquite, and that includes tribal police. North Las Vegas police have never hassled me for being openly armed or with other guns in my vehicle, even without knowing I had a permit. The two most heinously stupid disarmings were from a Henderson police officer and a State Trooper.

I honestly don't know what you mean by your last statement.
 

SharpShootur

Regular Member
Joined
Aug 13, 2013
Messages
131
Location
Las Vegas, Nevada
I second what MAC702 said about your last statment. From all accounts here and on other threads, the people here a extremely knowledgeable and convey their view points with solidarity and conviction. Your last statement does seem confusing. :confused:
 

Vegassteve

Regular Member
Joined
Apr 15, 2008
Messages
1,763
Location
Las Vegas NV, ,
I was pulled over one time by metro while OC. I was not disarmed. This was before the carry of the blue card was clarified and was asked if I had one. That happened in 2008 I think.
 

DON`T TREAD ON ME

Regular Member
Joined
May 17, 2009
Messages
1,233
Location
Las Vegas, Nevada, USA
OK Turbo you can argue the laws all day long, I personally have participated in the "trash pick up in front of NLVPD to protest their ordinance, and have carried openly there as much as possible. I have been pulled over by them, pulled up next to them on my motorcycle OC, open carried in the NLPD headquarters, written court briefs for a friend that got arrested for the ordinance. (it got dismissed) Not trying to build a resume, I am basically trying to tell you that you can get arrested while singing "Amazing Grace, in church." That does not mean it will stick, or that it is right! If you are going to let that fear deprive you of life, I support you, but I have my threshold... and they can hang that (in my mind) unlawful ordinance over someone Else's head. I would be happy to roll NLV with you!
 

usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
Okay… from a practical and self-experienced point of view (and I do know what the “law” is, that is the intricacies of the CNLV ordinance – visa-vi the Nevada preemption and all that), here’s what is likely to happen in a “real life” scenario. IF you are traveling in your car (or motorcycle) with your lawfully possessed sidearm strapped to your hip and a NLV cop pulls you over for a suspected traffic violation (nothing associated with OC), he or she may very well take issue. IF (for those traveling in a car where it might not be obvious to the officer that you are armed), you make it known to the officer that you are OCing or it is “discovered,” he or she MAY “freak out” (seen it happen in this situation), and immediately treat you as a CRIMINAL THREAT. He or she will “run” your serial number in an attempt to determine the “status” of your firearm (note: the system they use to “run” and determine the “status” of your firearm is fraught with problems and many times they are either unwilling or unable to make that determination on-site). Whether or not they can make a determination, the stop MAY result in an arrest anyway – booking into jail – search and impound of your vehicle, confiscation of your firearm, and a charge that you ARE in violation of the CNLV ordinance. That charge would be in addition to any other traffic violation(s) you may also be charged with. Now, will the charge be successfully prosecuted in court? Not the least bit likely. But would it or did it stop the cop from doing what’s been done? From my personal experience, no it would not and it DID NOT. There’s nothing that could or did stop an overnite stay in the cross-bar hotel, the confiscation of the firearm, and a search and impound of the vehicle. The charge of violating the CNLV ordinance never got to court, but that was little consolation for the night in jail, the firearm “tied up in red tape” for months, and the vehicle impound fee. So, bottom line, the NLV cops will do just about what they want and when they want , and that’s true about most any law enforcement encounter. Having said all this, however, my “habits” re: OCing, haven’t, don’t, and won’t be altered when traveling by vehicle within the “sacred and hallowed” boundaries of the “great city” of North Las Vegas.
 
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MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,337
Location
Nevada
Okay… from a practical and self-experienced point of view ... a NLV cop pulls you over for a suspected traffic violation (nothing associated with OC), he or she may very well take issue...

And I think you were saying this, but this is no matter what jurisdiction you are in. NLV is not special, except in some piss-ant illegal ordnance that is never mentioned outside of the Internet or in the company of someone already being a thug.

Where NLV's trashiness really shines is in their court of non-record where they can convict you for anything they want, though appeals are automatically granted because of this; and you have to wait for a real court to actually make a lawful ruling.

Again, though, this really doesn't affect normal people much.
 

usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
And I think you were saying this, but this is no matter what jurisdiction you are in. NLV is not special, except in some piss-ant illegal ordnance that is never mentioned outside of the Internet or in the company of someone already being a thug.

Where NLV's trashiness really shines is in their court of non-record where they can convict you for anything they want, though appeals are automatically granted because of this; and you have to wait for a real court to actually make a lawful ruling.

Again, though, this really doesn't affect normal people much.

Absolutely... I'm reminded of what one of those "honorable" CNLV judges stated in open court to a defendant: "The law does not matter in MY court." Nothing much left to be said, huh?
 

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,711
Location
Reno, Nevada, USA
All the talk here YET the people mostly likely to site the NRS's never seem to answer a question with any level of CONFIDENCE.

The municipal codes are invalid because of this:
NRS 268.418  Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 700,000 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 700,000 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.
4.  Except as otherwise provided in subsection 1, as used in this section:
(a) “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.
(b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.
(c) “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; 2011, 1159)

But just because the code is a violation of state law doesn't mean that the police and the lower courts will recognize this fact.

The hard thing is getting the government to follow the law. One could follow the laws, but you could still be arrested by incompetent cops, prosecuted by incompetent attorneys, and convicted by incompetent judges and ignorant juries.

My guess is that the locals will not enforce the illegal codes because they know if they do they are likely to be overturned. But they like them on the books because they cause fear, uncertainty, and doubt.
 
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teddyearp

Regular Member
Joined
May 10, 2010
Messages
67
Location
Pinetop, AZ
NEVER ask a cop what the law is. First, IT IS NOT THEIR JOB TO KNOW. Second, they are usually ignorant of the law when it is not something obvious or something they deal with everyday. Third, they can and WILL lie to you, and they are allowed by law to knowingly do so.

x2
 

28kfps

Regular Member
Joined
Aug 1, 2012
Messages
1,533
Location
Pointy end and slightly to the left
Absolutely... I'm reminded of what one of those "honorable" CNLV judges stated in open court to a defendant: "The law does not matter in MY court." Nothing much left to be said, huh?

Correct me if I am using the wrong wording or got this incorrect. NLV courts are courts of no records? There is no recordings of the proceedings, no one is allowed to have any type of recording device?
 
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