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Carrying in Vegas
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mustang5o:
I'm going to Las Vegas in a couple of months and decided to look at the carry laws since the NE permit is good in NV. I found some forum posts that mentioned how "liberal" (classic definition) the laws are there. Some of the offenses such as brandishing are like a $25 civil fine (assuming this information is still current, I will continue to research). I also ran across something else very interesting...
NRS202.257??Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.
It is unlawful for a person who:?? 1.
Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or? (a)
Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,? (b)
? to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.
Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to?? 2. NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.?? 3.
A firearm is subject to forfeiture pursuant to?? 4. NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.?? 5.
(Added to NRS by 1995, 2533; A 1999, 2470; 2003, 2565)
NRS202.257??Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.
It is unlawful for a person who:?? 1.
Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or? (a)
Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,? (b)
? to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.
Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to?? 2. NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.?? 3.
A firearm is subject to forfeiture pursuant to?? 4. NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.?? 5.
(Added to NRS by 1995, 2533; A 1999, 2470; 2003, 2565)
http://www.leg.state.nv.us/NRs/NRS-202.html
Oddly enough that BAC is even higher than for a DUI. I guess they changed the driving laws (.08) at some point (for federal money) but didn't update the law pertaining to carry while drinking.
So, what does everyone here think? Drinking a little and carrying OK? .10 to high?
bullit:
My two cents....NEVER consume EtOH while carrying. II think it WILL be an issue if one uses their firearm in self-defense. A wily prosecutor can always parlay (no Vegas puns intended) it into whether you were able to exercise good judgement or not.
Personally, I very rarely i.e. 1 maybe every 2 years consume anymore even at home to avoid that possibility. A personal choice indeed, but one that works for my peace of mind.
whatsit:
If alcohol crosses your lips, your gun should be off of your hip. Lock it in your room safe and return it back to its rightful place (your hip) 24 hours after your last drink.
Better to be safe than sorry when lawyers get involved.
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