NV. question re: carrying in vehicle

[gdcleanfun]

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. "

 

[Iridium]

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.

 

[mtndwell]

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 Link Removed. If you find additonal information on it, please post. I would be interested to read it.

 

[vegasgun]

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"

Link Removed

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

 

[varminter22]

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:

Link Removed

 

[tattedupboy]

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?

 

[varminter22]

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.

 

[HellaGreen]

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.

 

[varminter22]

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.)

 

[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?

 

[Scout]

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]

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.

 

[LVLouisCyphre]

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]

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]

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]

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.

 

[LVLouisCyphre]

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]

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 :triniti:

 

[vegasgun]

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 :triniti:

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]

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.