Wednesday, May 31, 2017

Some Informational Reminders

Ignorance of the gun carry laws has reared it's ugly head once again. People break the law unintentionally because they were negligent in knowing the law and understanding it. I know it's harsh, but far too many people think they have a grasp on the law when they know just enough to get themselves in trouble. This could all be solved by people reading and understanding. Unfortunately, many people don't take the time to do so or assume they know it all.

There is no excuse for not knowing these things. It's pretty simple:

Public buildings are government owned and operated buildings, not private property open to the public. "No gun" signs do not have the force of law in Nevada; except for concealed carry in public buildings.

Public building examples include:

  • Libraries
  • Police, sheriff, and fire stations
  • City halls and county administration building
  • Courthouses
Open carry is 100% legal in all public buildings but for school/college/university or child care facilities, no matter what the sign or staff says.

So if it's a government building and there are signs or metal detectors at each public entrance, concealed carry is illegal. Don't carry illegally past the signs anyway and certainly don't brag about it online or to the local news media.



Staff in government buildings often don't know the law. The same goes for police. Open carriers may face harassment simply because the staff don't know better. It is your duty, however, to know better. Not taking the time to make certain you understand the law is laziness. 

There is no excuse whatsoever for not properly knowing the law and understanding it. If you do not understand this stuff, you shouldn't be carrying and you sure as heck shouldn't be forcing the issue anywhere. Know before you go or face the consequences. Ignorance of the law and stupid behavior by people who have little to no reading comprehension skills will make winning back our rights more difficult. 

I'm pretty riled up at this stuff, so please don't take it personally.

5 comments:

  1. NRS 202.265 -
    1.  Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or *child care facility*, or while in a vehicle of a private or public school or child care facility:
    (a) An explosive or incendiary device;
    (b) A dirk, dagger or switchblade knife;
    (c) A nunchaku or trefoil;
    (d) A blackjack or billy club or metal knuckles;
    (e) A pneumatic gun;
    (f) A pistol, revolver or other firearm; or
    (g) Any device used to mark any part of a person with paint or any other substance.
    2.  Any person who violates subsection 1 is guilty of a gross misdemeanor.


    NRS 441A.030  “Child care facility” defined.
    1.  “Child care facility” means:
    (a) An establishment operated and maintained for the purpose of furnishing care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children;
    (b) An on-site child care facility as defined in NRS 432A.0275;
    (c) A child care institution as defined in NRS 432A.0245;

    NRS 432A.0275  “On-site child care facility” defined.  “On-site child care facility” means an establishment that:
    1.  Is licensed pursuant to this chapter;
    2.  Provides care to the children of employees of a business at the place of employment;
    3.  Provides care on a temporary or permanent basis, during the day or overnight, to five or more children who are under the age of 18 years and who are not related within the third degree of consanguinity or affinity to an owner or manager of the business; and
    4.  Is owned, operated, subsidized, managed, contracted for or staffed by the business.

    NRS 432A.0245  “Child care institution” defined.
    1.  “Child care institution” means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. Such an institution may also provide, without limitation:
    (a) Education to the children according to a curriculum approved by the Department of Education;
    (b) Services to children who have been diagnosed as severely emotionally disturbed as defined in NRS 433B.045, including, without limitation, services relating to mental health and education; or
    (c) Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS.
    2.  As used in this section, “child” includes a person who is less than 18 years of age or who remains under the jurisdiction of a court pursuant to NRS 432B.594.

    So...you're wrong about the child care facility thing.

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    1. I clarified that part. "all non-school/college/university or child care facilities" is correct, but confusing.

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  3. According to NRS, by definition, am I correct that Sunrise Children's Hospital would be considered a "child care facility", thus making carrying in any manner illegal? If so, what about any hospital? I would think a regular hospital would also meet the criteria for a child care facility. Please correct me if I'm wrong...

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    1. Hospitals would have to have a child care license under the first section and under the second I don't think it would qualify because most the children are expected to return home, at least ideally. Conceptually the sections seem to be referring to daycares and orphanages.

      Additionally the legislative intent and history behind the bill that added childcare facilities to that law would indicate that the legislature was thinking of daycares.

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