Amendment II



This handout is not meant to be all inclusive. Its purpose is to give you reference material were you can find the information needed. There are literally thousands of laws that govern firearm/gun ownership, possession, and use. Therefore not all laws will be covered. For more information on federal laws, there are several sources; and . For more information on Nevada state laws visit; . Also available are books and guidesFederal LawsAmendment II – Right to Bear ArmsAmendment IV – Search and Seizure Amendment V – Grand Jury, Double Jeopardy, Self-Incrimination, Due ProcessAmendment VI – Criminal Prosecutions, Jury Trial, Right to Confront and to CounselAmendment X – Rights Reserved to StatesAmendment XIV – Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal ProtectionTitle 18 USC Part I Chapter 44The following “Acts” have been codified under this titleThe Gun Control Act of 1968, Public Law 90-618 McClure-Volkmer Gun Owner’s Protection Act (1986)Brady Law – instant “background” check through NICS (1994)Violent Crime Control and Law Enforcement Act (1994)Lautenburg Amendment (1996)McClure-Volkmer Gun Owner’s Protection Act (1986)Reopened instate sales of firearms and Ammo.Brady Law – instant “background” check through NICS (1994)Requires instant background checkEstablished class of people prohibited for owning/possessingLautenburg Amendment (1996)Named after Senator LautenburgAdded two additional class of people prohibitedViolent Crime Control and Law Enforcement Act (1994)Clinton crime bill – expired 2005Restricted “high capacity” magazines – still valid in some statesObtained after 1/1/2000Firearms possession by certain categories of individuals is prohibited. (NRS 202.360)Anyone who has been convicted in a federal court of a crime punishable by imprisonment for a term exceeding one year, excluding crimes of imprisonment that are related to the regulation of business practices. (federal felony)Anyone who has been convicted in a state court of a crime punishable by imprisonment for a term exceeding two years, excluding crimes of imprisonment that are related to the regulation of business practices. (state felony)Anyone who is a fugitive from justice.Anyone who is an unlawful user of or addicted to any controlled substance.Anyone who has been adjudicated as a mental defective or has been committed to a mental institution.Any alien illegally or unlawfully in the United States or an alien admitted to the United States under a non-immigrant visa. Legal non-immigrant aliens may possess guns if they have a current, valid hunting license.Anyone who has been discharged under dishonorable conditions from the United States armed forces.Anyone who, having been a citizen of the United States, has renounced his or her citizenship.Anyone that is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner. (added 1996)Anyone who has been convicted of a misdemeanor crime of domestic violence (added in 1996 by the Domestic Violence Offender Gun Ban, or "Lautenberg Amendment.")The Gun Control Act of 1968, Public Law 90-618§ 930. Possession of firearms and dangerous weapons in Federal facilitiesUSE AND POSSESSION OF FIREARMS IN NATIONAL PARKS AND FORESTS Code of Federal Regulations, Title 39 - Postal Service Part 232—Conduct on postal propertyApplicabilityInspection, recording presenceVehicles and their contents brought into, while on, or being removed from restricted nonpublic areas are subject to inspectionAlcoholic beverages, drugs, and smokingWeapons and explosivesPenalties and other lawEnforcementNevada State LawsThe constitution of the state of Nevada; Article 1 Declaration of rightsSection 1: Inalienable rightsSection 11: Right to keep and bear arms; civil power supremeDANGEROUS WEAPON an object or device that, because of the way it is used, is capable of causing serious bodily injury.“DEADLY WEAPON” means: Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death; Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; orA dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.350.NRS 202.255 – NRS 202.265 – NRS 202.290 –NRS 202.320 – NRS 202.350 –NRS 41.095 Presumption that person using deadly force against intruder in person’s residence has reasonable fear of death or bodily injury; “residence” defined NRS 193.017 “Knowingly” defined. NRS 41.130 Liability for personal injury: ?NRS 193.017 “Knowingly” definedNRS 193.0175 “Malice” and “maliciously” definedNRS 193.130 Categories and punishment of feloniesA category A felony:A category B felony:A category C felony:A category D felony:A category E felony:NRS 193.140 Punishment of gross misdemeanors ?NRS 193.150 Punishment of misdemeanorsNRS 193.155 Penalty for public offense proportionate to value of property affected or loss resulting from offense. ?NRS 193.1605 Minimum punishment for gross misdemeanor committed on property of school, at activity sponsored by school or on school bus.NRS 193.161 Additional or alternative penalty: Felony committed on property of school, at activity sponsored by school or on school bus.NRS 193.165 Additional penalty: Use of deadly weapon or tear gas in commission of crime NRS 193.166 Additional penalty: Felony committed in violation of order for protection or order to restrict conductNRS 193.190 To constitute crime there must be unity of act and intent NRS 193.200 Intent: How manifested NRS 193.230 Lawful resistance to commission of public offense: Who may make NRS 193.240 Resistance by party about to be injuredNRS 193.250?Resistance by other persons. NRS 200.010 “Murder” defined NRS 200.020 Malice: Express and implied definedNRS 200.030 Degrees of murder; penaltiesNRS 200.033 Circumstances aggravating first degree murderNRS 200.035 Circumstances mitigating first degree murderNRS 200.040 “Manslaughter” definedNRS 200.050?“Voluntary manslaughter” definedNRS 200.060 When killing punished as murder. ?NRS 200.070 “Involuntary manslaughter” definedNRS 200.080 Punishment for voluntary manslaughter. ?NRS 200.090 Punishment for involuntary manslaughter NRS 200.120 “Justifiable homicide” defined NRS 200.130 Bare fear insufficient to justify killing; reasonable fear required. NRS 200.150 Justifiable or excusable homicide ?NRS 200.160 Additional cases of justifiable homicide.NRS 200.170?Burden of proving circumstances of mitigation or justifiable or excusable homicide. ?NRS 200.190 Justifiable or excusable homicide not punishable ?NRS 200.200 Killing in self-defense ?NRS 200.275 Justifiable infliction or threat of bodily injury not punishable ?NRS 200.410 Death resulting from duel; penaltyNRS 200.430?Incriminating testimony; witness’s privilege?NRS 200.440 Posting for not fighting; use of contemptuous language ?NRS 200.450 Challenges to fight; penaltiesNRS 200.460 False Imprisonment Definition; penaltiesNRS 200.471 Assault: Definitions; penalties. [Effective July 1, 2010.]NRS 200.481 Battery: Definitions; penalties NRS 200.490 Provoking assault: PenaltyNRS 200.571 Harassment: Definition; penalties NRS 200.575?Stalking: Definitions; penaltiesNRS 202.253 Definitions ?As used in NRS 202.253 to 202.369, inclusive:NRS 202.257 Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearmNRS 202.265 Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptionsNRS 202.277 Changing, altering, removing or obliterating serial number of firearm prohibited; possession of firearm with serial number changed, altered, removed or obliterated prohibited; NRS 202.280 Discharging firearm in or upon public streets or in places of public resort; throwing deadly missiles; duties of civil, military and peace officers; penalties.NRS 202.285 Discharging firearm at or into structure, vehicle, aircraft or watercraft NRS 202.287 Discharging firearm within or from structure or vehicle; penaltiesNRS 202.290 Aiming firearm at human being; discharging weapon where person might be endangered; penaltyNRS 202.300 Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances.NRS 202.320 Drawing deadly weapon in threatening mannerNRS 202.340 Confiscation and disposition of dangerous weapons by law enforcement agencies NRS 202.350 Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptionsNRS 202.357 Electronic stun device: Use prohibited except for self-defense; possession by certain persons prohibited; sale, gift or other provision to certain persons prohibited; penalties.NRS 202.360 Ownership or possession of firearm by certain persons prohibited; penalties.NRS 202.362 Sale or disposal of firearm or ammunition to certain persons prohibited; penalty NRS 202.3653 Definitions As used in NRS 202.3653 to 202.369, inclusive (amended 10/1/2013)NRS 202.3657 ?Application for permit; eligibility; denial or revocation of permit (amended 10/1/2013)NRS 202.366?Investigation of applicant for permit; issuance or denial of permit; expiration of permit (amended 10/1/2013)NRS 202.3662 Confidentiality of information about applicant for permit and permitteeNRS 202.3663 Judicial review of denial of application for permit ?NRS 202.3665 Duties of sheriff upon receiving notification that applicant or permittee has been charged with or convicted of crime involving use or threatened use of force or violenceNRS 202.3667?Permittee to carry permit and proper identification when in possession of concealed firearm; penaltyNRS 202.367 Duplicate permit; notification to sheriff of recovered permit; penaltyNRS 202.3673 Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.NRS 202.3677 Application for renewal of permit; fees; demonstrated continued competence required. (amended 10/1/2013)NRS 202.3683 Immunity of state and local governments from civil liabilityNRS 202.3687 Temporary permits.NRS 205.060 Burglary: Definition; penalties; venueNRS 205.065 Inference of burglarious intent ?NRS 205.067 Invasion of the home: Definition; penalties; venueNRS 403.170 Designation of main, general and minor county roads; immunity of State and county from liability resulting from use of minor county roads NRS 408.285 State highways; designation of other highways and roads as state highways and state routes; route numbers; roads for state parksNRS 482.255 Placement of certificate of registration; surrender upon demand of certain persons; limitation on conviction.NRS 485.187 Unlawful acts; fines and penalties; exceptionsNRS 503.165 Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions.NRS 503.175 Penalty for discharging firearm from or over federal or state highway or county road. ?Nevada Administrative Code – CHAPTER 202 - CONCEALED FIREARMS????? NAC 202.010 Definitions (NRS 202.369):?As used in NAC 202.010 to 202.040, inclusive, unless the context otherwise requires:???? 1. ?“Concealed firearm” has the meaning ascribed to it in subsection 1 of NRS 202.3653.???? 2. ?“Permit” has the meaning ascribed to it in subsection 3 of NRS 202.3653.???? NAC 202.020 Application for permit (NRS 202.369)???? 1. ?In addition to the requirements of subsection 2, the application form for a permit to carry a concealed firearm must contain the following sections, which must be in substantially the following form: FORM OMITTED?GENERAL INFORMATION????? The sheriff shall issue or renew a permit to carry a concealed firearm for no more than two specific firearms to any person who is qualified to possess a firearm under state and federal law.???? A permittee shall carry the permit together with proper identification whenever he is in actual possession of a concealed firearm. Both the permit and proper identification must be presented to a peace officer upon request.???? Except as otherwise provided in NRS 202.265 and subsections 2 and 3 of NRS 202.3673, a permittee shall not carry a concealed firearm into:???? 1. ?Any facility of a law enforcement agency;???? 2. ?A prison, county or city jail or detention facility;???? 3. ?A courthouse or courtroom;???? 4. ?Any facility of a public or private school;???? 5. ?Any facility of a vocational or technical school, or of the Nevada System of Higher Education;???? 6. ?Any other building owned or occupied by the Federal Government, the State or a local government; or???? 7. ?Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.???? ???? A permittee shall notify the sheriff who issued the permit, in writing, within 30 days if his permanent address changes or if his permit is lost, stolen or destroyed.CHAPTER 407 - STATE PARKS AND OTHER RECREATIONAL AREASGENERAL RESTRICTIONS ON USENAC 407.105 Possession or use of weapons (NRS 407.0475, 407.065)???? 1. ?In any park, a person shall not:???? (a) Use a bow and arrow, slingshot or paint ball launcher;???? (b) Possess a firearm, unless:????????? (1) The firearm is unloaded and inside a vehicle; or????????? (2) The person in possession of the firearm has a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, and is carrying the firearm in conformity with the terms of the permit;???? (c) Discharge a weapon, including, without limitation, an air rifle, spring gun or air pistol; or???? (d) Throw a knife, hatchet, spear, stone or projectile, except as authorized by the Administrator.Carson City Code8.12.010 - Discharge of firearms unlawful.It is unlawful for any person to fire off or discharge:a. Any gun, rifle, pistol or other firearm, with the exception of shotguns, air rifles and B-B guns, within five thousand feet (5,000&prime) of any dwelling, building or other place of public resort within Carson City; b.Any shotgun, air rifle or B-B gun within one thousand feet (1,000&prime) of any dwelling, building or any other place of public resort within Carson City; c.Any gun, pistol, rifle, shotgun, air rifle, B-B gun or other firearm in, on or across any public road or highway;d.Any gun, rifle, pistol, shotgun, air rifle or other firearm, without exception, within five thousand feet (5,000&prime) of the Carson River in the area between Deer Run Road Bridge and the McTarnahan Bridge site; e.Any gun, rifle, pistol or other firearm, with the exception of shotguns, air rifles and B-B guns, within five thousand feet (5,000&prime) of the Carson River in the area between the McTarnahan Bridge site and the Douglas County line; provided, however, that the other limitations of subsections (a) and (b) shall apply to discharge of firearms within this area. It is unlawful for any person to discharge rifled slugs from a shotgun within five thousand feet (5,000&prime) of any dwelling, building or other place of public resort within Carson City. 3.This section does not apply to peace officers or to persons shooting in any regularly established and lawfully authorized and licensed rifle range, gun club or shooting gallery or to any person lawfully discharging a firearm in protection of life or property. Douglas County Code9.68.010 Definitions A. "Firearm", as used in this chapter, means any weapon, the discharge of which in the ordinary manner contemplated by its design and construction will, or is likely to cause injury, death or great bodily harm.?????B.? "Peace officer", as used in this chapter, means any person who lawfully carries a gun, pistol or other weapon in the course of his official duties. (Ord. 384 §1, 1981)9.68.020 Findings and declarations?The board of county commissioners finds and declares:?????A.? That due to the general population increase in Douglas County, housing units are being constructed in rural areas where areas of open space are being maintained in their natural undeveloped state for recreational purposes.?????B.? Recreation in Douglas County has traditionally included the use of firearms by the citizens of the county for use in recreational activity.?????C.? The board of county commissioners finds and declares that the use of firearms in open areas around housing units constitutes a danger to the inhabitants of those housing units. To aid in the control of this danger, the board of county commissioners declares that it is necessary to regulate the use of firearms for the protection of the health, safety and welfare of the citizens of Douglas County. (Ord. 384 §1, 1981)9.68.030 Discharge of firearms????A.? It shall be unlawful for any person to discharge any firearm, gun, pistol, rifle, shotgun or other firearm across any county road or highway.?????B.? It shall be unlawful for any person to discharge any gun, pistol, rifle or other firearm with the exception of shotguns or air rifles within one thousand five hundred feet of any dwelling occupied by any other person or persons within Douglas County without the permission of the occupant.?????C.? It shall be unlawful for any person to discharge any shotgun or air rifle within five hundred feet of any dwelling occupied by any other person or persons within Douglas County without the permission of the occupant.?????D.? This section shall not apply to peace officers, or to persons shooting in any regularly established and authorized rifle range, gun club or shooting gallery, nor to any person lawfully discharging a firearm in protection of life or property. (Ord. 384 §1, 1981)9.68.040 PenaltiesAny person, partnership, firm, association or corporation found guilty of violating the provisions of this chapter shall be guilty of a misdemeanor for each and every act which constitutes a violation of this chapter. (Ord. 645, 1994; Ord. 284 §1, 1981)Elko County Code7-1-2: FIREARMS, DISCHARGE OF:It shall be unlawful for any person to discharge a firearm of any kind in the unincorporated areas of Elko County, between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise; provided, however, that this section shall not apply to the following circumstances:(A) Any peace officer discharging a firearm in the performance of his duties;(B) The discharge of a firearm in a shooting gallery or any designated pistol or rifle range;(C) The discharge of a firearm by any person in the necessary defense of himself, his family or property. (Ord. 1966-C, amd. 2-8-1973, eff. 2-20-1973)7-1-3: FIREARMS, DISCHARGE OF IN OR NEAR LAMOILLE:It shall be unlawful for any person to discharge a firearm, except a shotgun, in the county within one-half (1/2) mile from the limits of the community of Lamoille, as said community's limits and boundaries appear on the official plat recorded in the county recorder's office on September 5, 1924, file no. 37018; provided, however, that this section shall not apply to the following circumstances:(A) Any peace officer discharging a firearm in the performance of his duties;(B) Discharging a firearm in a shooting gallery or any designated pistol or rifle range;(C) The discharge of a firearm by any person in the necessary defense of himself, his family or property. (Ord. 1971-F, 9-28-1971, eff. 10-1-1971)7-1-4: DISCHARGE OF FIREARMS PROHIBITED:(A) It shall be unlawful for any person to discharge any firearm in Elko County within the following areas:1. The Bullion Road area southwesterly of Elko, Nevada, more particularly described as follows: The NE 1/4 and S 1/2 of Section 29, the SE 1/4 of Section 30, the NE 1/4 of Section 31, and Section 32, Township 34 North, Range 55 East, MDB&M.2. County Road No. 741 (North Fifth Street) including the area generally described as being outside the Elko City limit between State Route 225 and County Road 741 extending northwesterly to the North boundary of Township 34 North and the West boundary of Range 55 East, and more particularly described as those portions of Sections 4, 5, 6, and 9 lying southerly of County Road No. 741, and those portions of Sections 7, 8, 16 and 17 lying northerly of State Route 225; together with the those portions of Sections 1 and 12, Township 34 North, Range 54 East, MDB&M, lying northerly of State Route 225.3. The Community commonly known as Spring Creek lying within the boundaries of Township 32 North, Range 57 East, MDB&M, Sections 2, 3, 4 and 12; Township 33 North, Range 57 East, Sections 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 27, 28, 29, E 1/2 of Section 30, NE 1/4 of Section 31, 32, 33, 34; Township 33 North, Range 56 East, Sections 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 22, North 1/2 of Section 23, 24, 25; and Township 34 North, Range 56 East, Section 21, W 1/2 of Section 22, W 1/2 of Section 27, 28, 33, and the NW 1/4 of Section 34.4. The Community of Jarbidge, as the limits and boundaries thereof appear on the Official Map of Jarbidge Townsite, recorded in the Office of the Elko County Recorder on November 5, 1921.5. The unincorporated Town of Montello, which shall include the portion of Section 17, Township 39 North, Range 69 East, MDB&M, which lies northwesterly of a line parallel with and 200' distant from, in a northwesterly direction measured at right angles, the original centerline of the Southern Pacific Transportation Company's mainline track between Sacramento, California, and Ogden, Utah; which area includes the Townsite of Montello as described in the Map of the Town of Montello, filed in the Office of the Elko County Recorder on September 15, 1977, as file number 107470. (Ord. 1994-C, 3-3-1994, eff. 3-17-1994)(B) Subsection (A) of this section shall not apply to the following circumstances:1. Any peace officer discharging a firearm in the performance of his duties;2. Discharging a firearm in a shooting gallery or any designated pistol or rifle range;3. The discharge of a firearm by any person in the necessary defense of himself, his family or property. (Ord. 1978-Q, 11-9-1978, eff. 12-1-1978)7-1-19: DISCHARGING A FIREARM IN OR UPON PUBLIC STREETS, PLACES OF PUBLIC RESORT; THROWING DEADLY MISSILES:Any person, whether under the influence of liquor or otherwise, who shall maliciously, wantonly or negligently discharge or cause to be discharged any pistol, gun or any kind of firearm, in or upon any public street or thoroughfare, or in any theater, hall, store, hotel, saloon or any other place of public resort, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury result, shall be guilty of a misdemeanor. (Ord. 1983-N, 9-8-1983, eff. 10-1-1983)7-1-20: DISCHARGING FIREARM AT OR INTO STRUCTURE, VEHICLE, AIRCRAFT OR WATERCRAFT:Any person who willfully and maliciously discharges a firearm at or into any abandoned house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender, is guilty of a misdemeanor. (Ord. 1983-N, 9-8-1983, eff. 10-1-1983)7-1-21: AIMING FIREARM AT HUMAN BEINGS; DISCHARGING WEAPON WHERE PERSON MIGHT BE ENDANGERED:Every person who shall aim any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being or who shall willfully discharge any firearm, air gun or other weapon or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury result, shall be guilty of a misdemeanor. (Ord. 1983-N, 9-8-1983, eff. 10-1-1983)7-1-22: USE OF FIREARMS BY MINOR UNDER FOURTEEN YEARS:(A) No minor under the age of fourteen (14) years shall handle or have in his possession or under his control, except while accompanied by or under the immediate charge of an adult person, any firearm of any kind for hunting or target practice or for other purposes.(B) Every person violating any of the provisions of subsection (A) of this section, or aiding or knowingly permitting any such minor to violate the same, shall be guilty of a misdemeanor. (Ord. 1983-N, 9-8-1983, eff. 10-1-1983)7-1-23: SALE OF CERTAIN FIREARMS TO MINORS UNLAWFUL:(A) Any person in this state who sells or barters to another under the age of eighteen (18) years either a pistol, revolver or firearm capable of being concealed upon the person shall be guilty of a misdemeanor.(B) The term "firearm capable of being concealed upon the person" as used in this section applies to and includes all firearms having a barrel less than twelve inches (12") in length. (Ord. 1983-N, 9-8-1983, eff. 10-1-1983)7-1-24: DRAWING DEADLY WEAPON IN THREATENING MANNER:(A) Any person having, carrying or procuring from another person any dirk, dirk knife, sword, sword cane, pistol, gun or other deadly weapon, who shall, in the presence of two (2) of more persons, draw or exhibit any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who shall in any manner unlawfully use the same in any fight or quarrel, shall be guilty of a misdemeanor.(B) No sheriff, deputy sheriff, marshal, constable or other peace officer shall be held to answer, under the provisions of subsection (A) of this section, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his duties. (Ord. 1983-N, 9-8-1983, eff. 10-1-1983)7-1-26: PENALTIES:(A) Any person convicted of a misdemeanor as described in the sections of this chapter, shall be subject to punishment of imprisonment in the county jail for a period not to exceed six (6) months or a fine not to exceed one thousand dollars ($1,000.00), or by both such fine and imprisonment.(B) In lieu of all or part of the punishment which may be imposed pursuant to subsection (A) of this section, if the convicted person agrees, he may be sentenced to perform a fixed period of work for the benefit of the community under the conditions prescribed in Nevada Revised Statutes 176.087, and not to exceed one hundred twenty (120) hours of such work for conviction of a misdemeanor. (Ord. 1983-N, 9-8-1983, eff. 10-1-1983; amd. Ord. 2001-A, 6-7-2001, eff. 7-1-2001)Elko Municipal Code5-9-4: UNLAWFUL DISCHARGE OR DISPLAY OF WEAPONS:A. Firearms: It shall be unlawful for any person to discharge any gun, pistol or other firearm anywhere within the limits of the city; provided, that nothing herein shall prevent the establishing and running of a shooting gallery properly enclosed and permitted by license of the city council; and provided further, that nothing herein shall apply to any sheriff, deputy sheriff, police officer, marshal or other peace officer, who shall discharge any pistol or firearm in the lawful exercise of the duties of his office.B. Slingshots, Air Guns: It shall be unlawful for any person to wilfully or negligently discharge or cause to be discharged any slingshot, air gun and/or BB gun, or similar weapon, whereby any rock, piece of metal or missile is hurled, propelled and/or driven with sufficient force to cause damage to property and/or injury to persons, animals and/or birds, unless within a shooting gallery or special events function approved by the city.C. Bows And Arrows: It shall be unlawful for any person to shoot or discharge any arrow from any bow within the limits of the city unless shot within an archery range approved by the city. (Ord. 597, 3-11-2003)Lyon County Code7.02.02: DISCHARGE OF WEAPONS IN CONGESTED AREA: A. Discharge Unlawful: It is unlawful for any person to discharge or cause to be discharged any ordnance, gun, rifle, pistol or other firearm of any nature whatsoever in any congested area of the County.B. Congested Area Defined: There is created within the County a congested area of the County which consists of the following:1. All of the County lying north of a line running parallel to and five hundred feet (500') south of the Main Newlands project irrigation canal.2. The Dayton Valley Ranches Subdivision as defined by the Official Map thereof filed in the office of the County Recorder, Lyon County Courthouse, Yerington, Nevada, excepting there from an area consisting of Lots 5-10, 15 and 16, of the southeast quarter of the southwest quarter of Section 4, Range 22 east, Township 16 north, M.D.B. & M.; Lot 16 of the southwest quarter of the southwest quarter of Section 4, Range 22 east, Township 16 north, M.D.B. & M.; the northeast, northwest and southwest quadrants of the northwest quarter of Section 9, Range 22 east, Township 16 north, M.D.B. & M.; Lot 1 of the northwest quarter of the northeast quarter of Section 9, Range 22 east, Township 16 north, M.D.B. & M.; and lots 1, 2, 7 and 8 of the northwest quarter of southwest quarter of Section 0, Range 22 east, Township 16 north, M.D.B. & M.; said area being commonly known as the Turner Ranch.3. That area in Silver Springs, Dayton Township bound by U.S. Highway 50 on the north, the railroad tracks on the east, Spruce Street on the south and Topaz Street on the west.C. Violation; Penalty: Any person violating the terms of this Section is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided for a violation of a misdemeanor under State law. (Ord. 305, 10-30-1986)14.04.07: FIREARMS AND ARCHERY DEVICES: A. Except as otherwise provided in this section, no person may possess or discharge any weapon from which a projectile may be propelled by means of explosive, spring, gas, air, or other force in any county park.B. The provisions of this section relating to possession or discharge of firearms do not apply if the firearm or archery device is possessed or discharged:1. At a designated shooting facility owned and operated by the county and under the supervision and control of the range master at the facility, or2. By a peace officer while engaged in the performance of his official duties. (Ord. 498, 2-16-2006, eff. 3-13-2006)Washoe County Code50.076: Possession of concealed weapon without permit or with expired or revoked permit.1. It is unlawful for any person, unless otherwise authorized by law, to possess a concealed weapon upon his person without having first obtained a permit therefor as provided in sections50.075 to 50.080, inclusive.2. It is unlawful for any person who was issued a permit pursuant to sections 50.075 to 50.080, inclusive, to possess a concealed weapon upon his person if the permit has expired or has been revoked.3. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 125.050.4. A conviction of violating the provisions of this section is not an "offense" under NRS 202.350 and cannot be made the basis for a felony conviction at any subsequent date.5. Nothing in this section prohibits prosecution and conviction of a violation of NRS 202.350 for carrying a concealed weapon without a permit. [§3, Ord. No. 567; A Ord. No. 636]50.077 Application.50.078 Fees required.1. Every application must be accompanied by an investigation service fee in an amount determined by the sheriff to be sufficient to pay the costs of the investigation.2. The fee for the permit is $25, payable upon issuance of the permit.3. The sheriff may waive the fees set forth in this section for present or past employees of federal, state or local governments.50.079 Terms and conditions.1. Upon receipt of the required information and a determination that the applicant is suitable, the sheriff may issue a permit which authorizes the permittee to carry a concealed weapon under such conditions as will insure the safety of the permittee and the general public. The permit is valid for 1 year after the date of issuance.2. The sheriff may not issue a permit to any person who is not a resident of Washoe County.50.080 Conformity with state law. The sheriff may not issue a permit:1. Which authorizes the carrying of a concealed weapon prohibited by the laws of the State of Nevada; or2. To a person not eligible to carry a concealed weapon under the laws of the State of Nevada.50.083 Revocation of concealed weapon permit: Grounds; procedure; surrender of permit.1. The sheriff or his authorized deputy may, with or without cause, revoke a concealed weapon permit. No hearing is required before or after the revocation of a concealed weapon permit.2. A revocation pursuant to this section becomes effective when the holder of the permit is personally served with written notice from the sheriff or his deputy that the permit is revoked.The notice shall state that the permit must be surrendered to the sheriff, the undersheriff or the deputy serving the notice within 24 hours after the notice is served.3. Within 24 hours after service of the notice of revocation, the holder shall surrender his concealed weapon permit to the sheriff, the undersheriff or the deputy who served him with the notice.4. It is unlawful for the holder of a concealed weapon permit to fail or refuse to surrender the permit in accordance with subsection 3.5. Any person who violates the provisions of subsection 4 is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 125.050.Firearms: Discharge Across County Roads, Near Dwellings and Within Congested Areas50.090 Definitions. As used in sections 50.090 to 50.158, inclusive:1. "Congested area" means that portion of the county so determined pursuant to sections 50.094 to 50.154, inclusive, where uncontrolled discharge of firearms would result in the greatest risk of injury to life and limb.2. "Firearm" means any weapon the discharge of which in the ordinary manner contemplated by its design and construction will or is likely to cause death or great bodily harm.3. "Peace officer" means any person who lawfully carries a gun, pistol or other firearm in the course of his official duties.50.092 Unlawful discharge of firearms; exemption.1. It is unlawful for any person to:(a) Discharge any gun, pistol, rifle, shotgun or other firearm in, on or across any county road or highway.(b) Discharge in the unincorporated area of the county, any gun, pistol, rifle or other firearm, with the exception of shotguns, air rifles or B-B guns, within 5,000 feet of any dwelling occupied by another person or persons.(c) Discharge in the unincorporated area of the county, any shotgun, air rifle or B-B gun within 1,000 feet of any dwelling occupied by another person or persons.(d) Discharge any gun, pistol, rifle, shotgun or other firearm within any congested area of the county.2. This section does not apply to:(a) Peace officers in the lawful discharge of duty;(b) To persons shooting in any regularly established and lawfully authorized and licensed rifle range, gun club or shooting gallery;(c) To any person lawfully discharging a firearm in protection of life or property.50.094 Determination of congested areas. The areas described in section 50.096 et seq within the unincorporated area of the county are hereby determined to be congested areas within the terms of sections 50.090 to 50.158, inclusive. {Legal definition omitted}50.096 Greater Truckee Meadows and environs: Congested area50.100 Mustang - Lockwood areas: Congested area.50.102 Wadsworth: Congested area.50.104 Spanish Springs area: Congested area.50.106 Incline Village: Congested area.50.108 New Washoe City: Congested area.50.110 Old Washoe City: Congested area.50.116 Painted Rock: Congested area.50.118 Hungry Valley: Congested area.50.120 Franktown/Washoe Valley: Congested area.50.152 Congested area: Effect of annexation by city.50.154 Posting of congested areas.1. Boundaries of congested areas described in section 50.094 et seq. shall be posted by signs in a manner and at such places as are reasonably calculated to give notice of firearm restrictions contained in sections 50.090 to 50.158, inclusive.2. The county engineer shall erect and maintain the signs of a kind and quality comparable to road information signs in a manner designed to attract the attention of persons entering the area.50.156 Destruction of signs. It is unlawful for any person to tear down, mutilate or destroy any sign erected pursuant to the provisions of section 50.15450.158 Penalties. Any person violating any of the provisions of sections 50.090 to 50.158, inclusive, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for a term of not more than 6 months, or by both fine and imprisonment.Firearms: Nighttime Shooting and Spotlight Hunting50.160 Definitions. As used in sections 50.160 to 50.166, inclusive:1. "Firearm" means any weapon the discharge of which in the ordinary manner contemplated by its design and construction will, or is likely to, cause death or great bodily harm.2. "Peace officer" means any person who lawfully carries a firearm in the course of his official duties.50.162 Nighttime shooting and spotlight hunting prohibited.Except as otherwise authorized by law, it is unlawful for any person to discharge a firearm of any kind between one-half hour after sunset and one-half hour before sunrise or shine a spotlight between one-half hour after sunset and one-half hour before sunrise for the purpose of hunting a wild animal in the unincorporated areas of the county.50.164 Exceptions. Sections 50.160 to 50.166, inclusive, do not apply to:1. Any peace officer discharging a firearm or shining a spotlight in the necessary performance of his duties.2. The discharge of a firearm in a shooting gallery or any designated pistol or rifle range.3. The discharge of a firearm or shining of a spotlight by any person or his agent in the necessary defense or protection of himself, his family or his property.50.166 Penalty. Any person who violates any of the provisions of sections 50.160 to 50.166, inclusive, is guilty of a misdemeanor, and upon conviction shall be punished as provided in section 125.050.125.050 General penalty.1. Whenever in this code or in any ordinance of the county any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, when no specific penalty is provided therefor, the violation of any such provision of this code or any ordinance shall be punished by a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 6 months, or by any combination of such fine and imprisonment. 2. In lieu of all or a part of the punishment which may be imposed pursuant to subsection 1, if the convicted person agrees, he may be sentenced to perform a fixed period of work for the benefit of the community under the conditions prescribed in NRS 176.087.3. Each person is guilty of a separate offense for each day during any portion of which any violation of the provisions of this code or any ordinance is committed, continued or permitted by any such person, and he shall be punished accordingly.Resent United States Supreme Court ruling affecting gun ownership, use and or possession:District of Columbia v. Heller 2008was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for private use within the home in federal enclaves. It was the first Supreme Court case in United States history to decide whether the Second Amendment protects an individual right to keep and bear arms for self defense.McDonald v. City of Chicago, 130 S. Ct. 3020 (2010)Landmark Case: US Supreme Court rules that the Second Amendment applies to all Americans throughout the land. The ruling came in the case of McDonald v. City of Chicago, a challenge to handgun bans in Chicago and Oak Park. Ill. The plaintiffs in the case were Chicago residents who wanted to keep handguns in their homes for self-defense, but couldn’t do so under the city’s nearly 30-year-old handgun ban. McDonald and a similar case brought by NRA were consolidated in the Seventh Circuit US Court of Appeals. The Supreme Court made NRA a party to McDonald when it decided hear the appeal. In an opinion by Justice Samuel Alito, the Court announced: “We have previously held that most of the provisions of the Bill of Rights apply with full force to both the Federal Government and the States. Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States.’ Joining Justice Ailto were Chief Justice John Roberts and Justices Anthony Kennedy, Antonin Scalia and Clarence Thomas. In McDonald, the Court applied the Second Amendment to states and cities through the 14th Amendment’s Due Process Clause, an argument that former Solicitor General Paul Clement primarily relied on during his oral argument on behalf of NRA. Berghuis v. Thompkins, 130 S. Ct. 2250 (2010)In a 5-4 split decision, the Court held that a suspect who wants to invoke his right to silence must affirmatively say so. It is not enough to sit silently or remain uncooperative throughout an interrogation. “Thompkins did not say that he wanted to remain silent or that he did not want to talk with the police.” Moreover, the Court held that Thompkins waived his Miranda rights by giving a one-word answer to the detectives. “Where the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused’s un-coerced statement establishes an implied waiver of the right to remain silent.” The confession itself could be seen as a waiver and the confession was admissible. “After giving a Miranda warning, police may interrogate a suspect who has neither invoked nor waived his or her Miranda rights.” Thus, the detectives did not violate Thompkin’s Miranda rights when they continued to question him for several hours, even though he was generally unresponsive and uncooperative.Florida v. Powell, 130 S. Ct. 1195 (2010). The Court applied the reasonable person standard. “A reasonable suspect in a custodial setting who has just been read his rights, we believe, would not come to the counterintuitive conclusion that he is obligated, or allowed, to hop in and out of the holding area to seek his attorney’s advice.” The landmark Miranda decision required that officers administer the following warnings prior to custodial interrogation: 1.) the person has a right to remain silent 2.) that anything the person says can be used against him in a court of law 3.) that the person has the right to the presence of an attorney 4.) that if the person cannot afford an attorney one will be appointed for him prior to any questioning, if he desiresIn Powell, the Court stated: “In determining whether police officers adequately conveyed the four warnings, we have said, reviewing courts are not required to examine the works employed as if construing a will or defining the terms of an easement. The inquiry is simply whether the warnings reasonably convey to a suspect his rights as required by Miranda.”United States v. Everett, 601 F.3d 484 (6th Cir. 2010)Pretextual traffic stops were expressly approved by the Supreme Court in Whren v. United States. In Whren, the Supreme Court ruled that no Fourth Amendment violation occurs for a traffic stop based on a minor violation when the violation is a pretext rather than the actual motivation for the stop.Following Muehler v. Mena, most courts have allowed questioning unrelated to the initial purpose of the traffic detention. After Whren, courts applied the reasonableness test of the Fourth Amendment to determine whether the particular stop was appropriateCourts consider whether the duration and scope of the stop were justified by reasonable suspicion for the stop.Arizona v. Johnson, the Supreme Court held that “an officer’s inquiries into matters unrelated to the justification for the traffic stop do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop.”The Court’s holding raised the question of what it means to measurably extend the duration of the stop. In this case, the court declined “to construe Muehler and Johnson as imposing a categorical ban on suspicionless unrelated questioning that may minimally prolong a traffic stop.” Thus, there is no bright line rule prohibiting a brief extension to a traffic stop to ask a few questions unrelated to the initial justification for the stop. “Muehler and Johnson make clear that an officer may ask unrelated questions to his heart’s content, provided he does so during the supposedly dead time while he or another officer is completing a task related to the traffic violation. A police officer intent on asking extraneous questions could... delegate the standard traffic stop routine to a backup officer, leaving himself free to conduct unrelated questioning all the while, or simply by learning to write and ask questions at the same time.”United States v. Shakir, 616 F.3d 315 (3rd Cir. 2010).Last year’s decision in Arizona v. Gant shook up the rules of search incident to arrest. Many courts have narrowly applied the Gant rule. United States v. Shakir is one such case, with a rationale similar to many 2010 federal and state cases.Once Shakir was secured by two backup officers, the officer searched the gym bag and found a large amount of cash. Some of the bills were traced to another bank robbery (not the robbery that lead to the arrest warrant). Shakir was convicted of the second robbery. He appealed, claiming that the search of the bag and seizure of the cash was not part of a valid search incident to arrest. Shakir argued that he was compliant and secured at the time of the search. Thus, Shakir argued that the officer safety and evidence destruction rationales articulated in Chimel v. California did not justify the search incident to the arrest. For many years, officers understood that a search incident to arrest could be conducted even after a person was temporarily secured in handcuffs as long as the search was reasonably contemporaneous with the arrest. This approach found support in New York v. Belton. In Arizona v. Gant, the Supreme Court retreated from the Belton holding and overturned a search after Rodney Gant had been handcuffed and placed in a patrol car near the vehicle that Gant had been driving at the time of his arrest. The Court said that the search could not be justified under the officer safety and evidence preservation rationales of Chimel because Gant was no longer a threat and could no longer access the car. Another important factor is that Gant was initially arrested for a driver license violation and it was unlikely that there would be evidence of that violation found in the car which he was driving.The Supreme Court stated, “we hold that Belton does not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle. If there is no possibility that an arrestee could reach into the area that law enforcement officers seek to search, both justifications for the search incident to arrest exception are absent and the rule does not apply.”The court did acknowledge that Gant had signaled a retreat from Belton. The Gant opinion should be understood to have focused on the question of whether Gant could get to his car or not at the time of the search. The Third Circuit continued: “We do read Gant as refocusing our attention on a suspect’s ability (or inability) to access weapons or destroy evidence at the time a search incident to arrest is conducted.” The court must consider whether the suspect was effectively secured at the time of the search. Even though the suspect’s ability to access weapons and evidence is an important factor, that does not automatically preclude a lawful search incident to an arrest of items found on or near an arrested person. “Accordingly, we understand Gant to stand for the proposition that police cannot search a location or item when there is no reasonable possibility that the suspect might access it... We hold that a search is permissible incident to a suspect’s arrest when, under all the circumstances, there remains a reasonable possibility that the arrestee could access a weapon or destructible evidence in the container or area being searched. Although this standard requires something more than the mere theoretical possibility that a suspect might access a weapon or evidence, it remains a lenient standard.”SUMMARYCheck your attitude when armedDon’t go huntingJust because it’s legal to do something, doesn’t necessarily mean it is right or you should do it. Use common sense If you are armed or unarmed and are asked to leave an establishment, leave; it’s not worth it.Don’t lie – be cooperative, but don’t be chatter box – remember MirandaDon’t disturb scene – expect civil chargesRANGE RULESThe range instructor/range master is ALWAYS right and his/her authority is absolute.ALWAYS keep the gun pointed in a safe directionALWAYS keep your finger off the trigger until ready to shoot.ALWAYS keep the gun unloaded until ready to use.Shooters with handguns in their hands will face downrange, keep the weapon pointed downrange and insure the area is clear at all times. (know your target and what is beyond)Eye and hearing protection is REQUIRED while on the range.Never use alcohol or drugs before and or while shooting. Anyone suspected of being under the influence of alcohol or drugs, WILL be expelled from the range and forfeit any and all fees paid. Basic firearm safety will be observed at all times. There will be no handling of firearms without permission of instructor or Range master. No loaded firearms will be allowed in classroom, range building, or cleaning room area. The only exception to this rule will be for range instructors.No live ammo will be allowed in the classroom. All firearms will be holstered in range safe condition until given the command to load by an instructor. Unless being fired, loaded, reloaded, unloaded, or executing a clearing procedure, all firearms will be holstered.Shooters will not bend over, squat, or stoop while handling a gun. Shooters will not bend over, squat, or stoop while anyone else has a gun in their hand.If a shooter loses their grip on a gun they will allow the gun to fall to the ground.Firearms will be loaded and unloaded in designated safety areas only or on the range proper. All shooters firearms must be in range safe condition and verified empty by a range instructor prior to the shooter leaving the firing line.There will be no “horseplay,” No aiming of guns at each other or accessories, lasers, lights, etc. Any shooter having a negligent discharge will be expelled from the range and forfeit any and all fees paid.There will be an area designated for observers. In this area, no loaded firearms are allowed. No firearms will be handled in this area. All persons in this area will have an assumption of risk of personal injury.Any violation of these rules can and will result in disciplinary action, expulsion from the range and or forfeiture of any and all fees paid.Rules for a GunfightAnonymous 1. Bring a gun. Preferably, bring at least two guns. Bring all of your friends who have guns.2. Anything worth shooting is worth shooting twice. Ammo is cheap - life is expensive.3. Only hits count. The only thing worse than a miss is a slow miss.4. If your shooting stance is good, you're probably not moving fast enough or using cover correctly.5. Move away from your attacker. Distance is your friend. (Lateral and diagonal movement are preferred.)6. If you can choose what to bring to a gunfight, bring a long gun and a friend with a long gun.7. In ten years nobody will remember the details of caliber, stance, or tactics. They will only remember who lived.8. If you are not shooting, you should be communicating, reloading, and running.9. Accuracy is relative: most combat shooting standards will be more dependent on "pucker factor" than the inherent accuracy of the gun. Use a gun that works EVERY TIME. "All skill is in vain when an Angel blows the powder from the flintlock of your musket."10. Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.11. Always cheat, always win. The only unfair fight is the one you lose.12. Have a plan.13. Have a back-up plan, because the first one won't work.14. Use cover or concealment as much as possible.15. Flank your adversary when possible. Protect yours.16. Don't drop your guard.17. Always tactical load and threat scan 360 degrees.18. Watch their hands. Hands kill. (In God we trust. Everyone else, keep your hands where I can see them!)19. Decide to be aggressive ENOUGH, quickly ENOUGH.20. The faster you finish the fight, the less shot you will get.21. Be polite. Be professional. But, have a plan to kill everyone you meet.22. Be courteous to everyone, friendly to no one.23. Your number one option for personal security is a lifelong commitment to avoidance, deterrence, and de-escalation.24. Do not attend a gun fight with a handgun, the caliber of which does not start with anything smaller than "4".25. You can't miss fast enough to win.CONCEALED CARRY RECIPROCITY SUMMARYSource: “2011 Traveler’s Guide to the Firearm Laws of the Fifty States” &: Click on “concealed carry maps”If you are a Nevada resident holding a Nevada concealed firearm permit, the following (23) states honor your permit subject to their own state concealed carry statutes:AlaskaMissouriArizonaMontanaArkansasNebraskaIdahoNew MexicoIndianaNorth CarolinaIowaOklahomaKansasSouth DakotaKentuckyTennesseeLouisianaTexasMichiganUtahMinnesotaVermontMississippi The following (16) states DO NOT recognize your Nevada permit:AlabamaOhioColoradoPennsylvaniaDelawareSouth CarolinaFloridaVirginiaGeorgiaWashingtonMaineWest VirginiaNew HampshireWisconsin North DakotaWyomingThe following (12) states DO NOT honor ANY out-of-state concealed firearm permits:CaliforniaMassachusettsConnecticutNew JerseyColoradoNew YorkHawaiiOregonIllinoisRhode IslandMarylandWashington DC CAUTION: Before you travel, check with the applicable state law enforcement agencies to verify that the information above is current! ................
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