Nevada Carry
  • Home
    • Contact >
      • FAQ
    • Safety
    • Search
  • Blog
  • Open Carry
    • Open Carry Safety
    • Open Carry and the Constitution
  • Concealed Carry
    • How to Get a CCW
    • Carrying on a CCW
  • Car Carry
  • Local Laws
    • Public Buildings
    • Blue Cards
    • Preemption History
  • Self-Defense
  • Buying and Selling Guns
    • Universal Background Checks
  • Other States
    • CA Carry
  • Legislation

Nevada Carry Blog
For full archive, see the Blogspot archive

Active Duty Military and Non-Resident CCWs

2/23/2018

 
Picture
If you are active duty military, do you need a Nevada issued concealed firearm permit? Exactly when do you become a resident of Nevada for the purposes of needing concealed carry? The regulations, NRS 202.3653 to 202.369, don’t offer any guidance, so we have to look at other Nevada statutes and case law. The only easy answer to this one isn't what you may have hoped for.

Many wonder if they can carry on their “home” state permit while stationed in Nevada. Sometimes, they even have a Nevada driver’s license. Normally, new residents have 60 days to convert an out-of-state permit to a Nevada permit…by taking the class and applying from scratch.

This question often comes up when a serviceman or woman (or their spouses) wonder if they need to replace their out-of-state permit with a Nevada permit when they (or their spouse) is stationed here. First, temporary duty (TDY) wouldn’t count, but a permanent change of station (PCS) would. We’re not going to debate car registration, voting, and driver’s licenses, but rather, we’re going to look at what could get someone in trouble for carrying concealed.

Nevada offers one permit to both residents and non-residents, so don’t think there are two classes. Non-residents just get to apply to any sheriff in the state, which usually means Clark County.
​Legal Residence 
NRS 10.155 states: “Unless otherwise provided by specific statute, the legal residence of a person with reference to ... any other right dependent on residence, is that place where the person has been physically present within the State or county, as the case may be, during all of the period for which residence is claimed by the person.”

In regards to drivers’ licenses NRS 482.103, living in Nevada and having a job (the military) in Nevada would seem to qualify one as a resident. 
1.  "Resident" includes, but is not limited to, a person:
(a) Whose legal residence [see above] is in the State of Nevada.
(c) Who physically resides in this State and engages in a trade, profession, occupation or accepts gainful employment in this State. ​
​So if you qualify for a driver’s license, then you probably qualify as resident under NRS 202.3657 and you need a Nevada concealed firearm permit.

Clear Counsel Law summarized the finding of Aldabe v. Aldabe:
the Court found that evidence of "mailing address, voting registration, school attendance, medical care, business and financial affairs, auto and operators’ licenses, taxes, wills, and employment” all in Nevada as well as a "declared intention of Nevada residence and performed continuous daily activities in Nevada" supported a finding that a person was a Nevada resident.
​50 U.S. Code Chapter 50, the Servicemembers Civil Relief Act, doesn’t really help. A legal brief from Creech Air Force base does rely on the military domicile concept (basically tax/voting purposes). What is essentially says (regarding driver licenses) is that if you are claiming Nevada as your residence for tax benefits on your paycheck, then you are a Nevada resident.

This area is a quagmire. Even the Creech brief says “maybe” in answers. Like the Gun Free School Zones debacle, it’s a gray area. So what’s the brass tacks bottom line?

If you are in Nevada and own a house or have a driver’s license, get a Nevada permit. That's the easy answer. If you get are detained and found to be carrying concealed, chances are the officer may not understand half of this. You may have some explaining to do if the officer questions why you have a Nevada DL but an Idaho CCW. A cop might let you go because whatever you did wasn’t that bad and they’re giving you professional courtesy for being in the service. Or they might be a vet and inter-service rivalry rears its ugly head. But as always, officer and prosecutorial discretion is not a plan.

Comments are closed.

    Archives

    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    July 2022
    June 2022
    May 2022
    April 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    April 2017
    December 2016
    November 2016
    August 2016
    July 2016
    April 2016
    March 2016
    February 2016
    January 2016
    May 2015

    Categories

    All
    Campus Carry
    Ccsd
    Schools

    RSS Feed

    Blogspot Archive
    Blog roll
    Clayton E. Cramer
    Gun Watch
    Gun Free Zone

    The War on Guns
    ​Commander Zero
    The View From Out West
 This does not constitute, nor should be implied as, legal advice. Always seek an attorney's advice and consult state and local laws yourself. User assumes all liability for use of the information provided here. Site has been reviewed by certified instructors. Copyright 2023.
  • Home
    • Contact >
      • FAQ
    • Safety
    • Search
  • Blog
  • Open Carry
    • Open Carry Safety
    • Open Carry and the Constitution
  • Concealed Carry
    • How to Get a CCW
    • Carrying on a CCW
  • Car Carry
  • Local Laws
    • Public Buildings
    • Blue Cards
    • Preemption History
  • Self-Defense
  • Buying and Selling Guns
    • Universal Background Checks
  • Other States
    • CA Carry
  • Legislation