Quote:
Originally Posted by wildenout
Hey all,
I took my CCW class in NV last Saturday (very long and boring...) but I was shocked to hear the instructor say that there was no Castle Doctrine type law in NV. Is this true? I asked my Dad who is a lawyer (he chuckled and said that wasn't his type of law, but would check into it) and still no answer. I am also hazy at where you can carry your weapon lol and when you can use it in that state. Anywho, here is a picture! I qualified with the 686+ shown and the XDsc off to the side, I was surprised that my Derringer was actually in my bag that day (it is also 9mm). As far as that book goes, I haven't finished it all yet so maybe my answers lie within; still thought I should ask though.
|
Nevada does not have a true "Castle Doctrine type law." This means you can be sued after the fact. They most likely won't win but they can sue.
Otherwise, If you took the course from the place that gives it for free, they most likely told you that you cannot carry in any place that has a no guns sign. This is not true. Signs have no legal standing except on government buildings. If you are not sure ask here
Nevada Shooters or here
Nevada.
This may help:
---------------------------
Nevada law (IANAL):
Nevada is a de facto open carry state and you may open carry if you choose. If you open carry in the high traffic tourist areas of Las Vegas you may have a visit from Metro or, Casino personnel may/will ask you to leave the property if you open carry in any casino. If anyone in authority in any private establishment asks you to leave you must leave under Nevada's trespass law.
There is no restriction on having a firearm in your car, open or concealed as long as it is not concealed on your person (unless you have a permit).
There is statewide preemption, but the Attorney General, on her web-site indicates that she may not think it applies in all cases.
http://ag.state.nv.us/about/faqs/firearms/carry.htm
If you have a permit that is valid in Nevada:
Out of State Carry Concealed Weapon Permit Recognition
*Effective July 1, 2012
In accordance with NRS 202.3689 (effective October 1, 2007) the State of Nevada will recognize the following States' CCW permit holders:
Alaska
Arkansas
Kansas
Kentucky
Louisiana
Michigan
Missouri
Nebraska
New Mexico
North Carolina
Ohio
Tennessee
Rhode Island
South Carolina*
West Virginia
This law allows holders of valid permits from these states to carry a concealed weapon while in the State of Nevada. The permit must be in the possession of the permittee at all times while carrying a firearm.
** NEW ** CCW Press Release re: Arizona Recognition
CCW Press Release re: S. Carolina Recognition
CCW Prohibited Locations defined by NRS 202.3673
Nevada Department of Public Safety
NRS: CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTH AND SAFETY
-----------------------------
You may carry concealed in Nevada ANYWHERE except:
Buildings at the airport,
Schools (including colleges) and child care facilities,
Public buildings (that means Government buildings) that are posted or have metal detectors.
NRS: CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTH AND SAFETY
That includes casinos, bars, clubs, restaurants, whorehouses (they are legal in parts of Nevada), ANYWHERE. They may ask you to leave for any reason, or no reason at all, and, under Nevada's trespass law, you must leave.
You may drink while carrying. The BAC limit is 0.10 (DUI is 0.08, when they lowered it to get federal highway money they did not change the limit for CCW).
NRS: CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTH AND SAFETY
-------------------------------------------------
I hope this clears up any questions. Nevada laws concerning weapons are, for the most part at NRS 202.253 through 202.369.
Have fun in Nevada. Bring lots of money.
Ken
-----------------------------------------------------------------
Crimes Against the Person
NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON
NRS 200.120 Justifiable homicide defined. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of habitation, property or person, against one who manifestly intends, or endeavors, by violence or surprise, to commit a felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
[1911 C&P *§ 129; RL *§ 6394; NCL *§ 10076]*€”(NRS A 1983, 518)
NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON
NRS 200.130 Bare fear insufficient to justify killing; reasonable fear required. A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party killing really acted under the influence of those fears and not in a spirit of revenge.
[1911 C&P *§ 130; RL *§ 6395; NCL *§ 10077]
NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON
NRS 200.200 Killing in self-defense. If a person kills another in self-defense, it must appear that:
1. The danger was so urgent and pressing that, in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary; and
2. The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.
[1911 C&P *§ 137; RL *§ 6402; NCL *§ 10084]
NRS: CHAPTER 200 - CRIMES AGAINST THE PERSON
BODILY INJURY
NRS 200.275 Justifiable infliction or threat of bodily injury not punishable.
etc.
If you have questions about any of this please feel free to ask.
Ken