Open Carry Laws

[Wizardrex]

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CowboyKen wrote:

Wizardrex wrote:

CowboyKen wrote:

Also be aware that any property owner/lease holder, or their representative, may ask you to leave or to check your gun if they provide for that and you must comply. Most casinos in Vegas will not allow you to open carry on their property. Have fun!

Ken

Yes. This is true now in a defacto sort of way if not de jure. But I have spoken with informed individuals who have stated that some years ago, perhaps 20 or thirty, folks wearing sidearms were common in casinos and bars. The old Helldorado Days celebrations were known for this. Here in Pahrump folks would ride their horses to a bar for example and then go in fully armed and have a few drinks. In Nevada it is not unlawful to drink while armed but the .08 rule as with driving a car applies similarly to being armed. So, if you go to a bar and drink while armed, assuming that the bartender doesn't object, you must avoid getting up to the .08 level.

Also, there is the "public place" reference to consider. Technically, a "public place" is not a private place. If you invite the public in, you are not supposed to discriminate as if the place were your bedroom. You may keep everyone out of your home but you may not keep individuals who are behaving lawfully out of your place of public business. Imagine standing at the door of Wal-Mart and saying to all of the fat people that they may not enter. Generally, the public is unaware of this. And, the concept of a "right to bear arms" isn't fully beloved by one and all. There is much caselaw on the "public place" point.

Sir,

You are incorrect as to the limit on how much one may drink. "NRS 202.257 Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.

1. It is unlawful for a person who:

(a) Has a concentration of alcohol of 0.10 or more in his blood or breath; or..."

http://www.leg.state.nv.us/NRs/NRS-202.html#NRS202Sec257

When they lowered the DUI limit to 0.08 in order to continue to get federal highway money they did not change the firearms law.

Also, I disagree about your view on who may be "kept out." The NRS on trespass provides for baring anyone for any, or no, reason.

Ken

Hi Ken. I have studied law for many years and I do tend to think outside of the box. I must inform one and all that many "statutes" are wholly or in part unconstitutional and have simply remained on the books due to carelessness or to the unwillingness of anyone to challenge them. Legislative Counsel very often fails to vet legislation as to do so would be to annoy legislators. You may very well be perfectly correct on the .10 issue but the court here in Pahrump seems to go by no particular amount anyway. Cops will claim you are under the influence for little or virtually no measurable amount while driving. It is that old "discretion" thing again. Being convicted or not is mute after you've already spent a night or two or three in jail. It seems to me that perhaps the .08 has been addressed elsewhere in the NRS's and possibly the two references haven't been correlated.Anyway, technically you can lawfully stop for a beer or two on your way while armed and not be a law breaker unless a wild deputy feels like his "discretion" needs exercise. :celebrate I just had to try the dancing banana

 

[timf343]

imported post

Wizardrex wrote:

Hi Ken. I have studied law for many years and I do tend to think outside of the box. I must inform one and all that many "statutes" are wholly or in part unconstitutional and have simply remained on the books due to carelessness or to the unwillingness of anyone to challenge them. Legislative Counsel very often fails to vet legislation as to do so would be to annoy legislators. You may very well be perfectly correct on the .10 issue but the court here in Pahrump seems to go by no particular amount anyway. Cops will claim you are under the influence for little or virtually no measurable amount while driving. It is that old "discretion" thing again. Being convicted or not is mute after you've already spent a night or two or three in jail. It seems to me that perhaps the .08 has been addressed elsewhere in the NRS's and possibly the two references haven't been correlated.Anyway, technically you can lawfully stop for a beer or two on your way while armed and not be a law breaker unless a wild deputy feels like his "discretion" needs exercise. I just had to try the dancing banana

I can believe part of this about discretion....but isn't that discretion limited to whether the officer can charge you for a minor violation of the law -- he has no discretion to charge you for something he thinks OUGHT to be a law or USED to be a law. For example, he MAY choose not to cite you if you are right on the limit, 0.10 if you are polite and obedient and on your way home (with someone else driving, of course, otherwise you'd get your DUI), and may instead strongly warn/remind you that alcohol and firearms do not mix. But he can't arrest you for 0.09 because he thinks the legislature "forgot" to update this law section. Also, he is not allowed discretion if he witnesses a felony.

The rest of it is always the challenge isn't it? You can't physically resist the officer even if you KNOW FOR SURE he's doing the wrong thing, because right or wrong you WILL spend the night in jail, you'll probably get to learn what a taser feels like, and you may just have his rookie partners gun in your face...

I only ever drink more than 2 if I'm safely at home with no intentions of going out the rest of the night, but I don't hesitate to have a beer or two at a bar, restaurant, etc, and never has a waitress/waiter made mention of it. Except they now know for sure I'm not a LEO.

 

[CowboyKen]

imported post

Thanks, Tim. Once again you have expressed my view better then I could have.

Ken

 

[digitspaw]

imported post

CowboyKen wrote:

Also be aware that any property owner/lease holder, or their representative, may ask you to leave or to check your gun if they provide for that and you must comply. Most casinos in Vegas will not allow you to open carry on their property. Have fun!

Ken

I'll second this.

Actually the thread title is misleading as there are no statutes in Nevada regarding open carry. That's why it is defacto legal.




Paw