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Nevada Carry Blog
For full archive, see the Blogspot archive

Open Carry on Private Property

4/14/2020

 
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"Public" means a government building (owned by cities, the state, counties, local districts, etc.). This does not mean private property open to the public, like casinos, stores, and other businesses.

Do I have to obey ‘no guns’ signs on private property?
No, signs do not have the force of law in Nevada on private property. If the owner or management wants you to leave or disarm, you must comply or you can be arrested for trespassing. Nevada Carry recommends taking your business elsewhere and making sure that the owner or corporate management knows they lost your business for denying you the right to lawfully carry. The majority of Nevada businesses are firearm friendly.

In Nevada, Walmarts and other business' "request" not to open carry does not have the force of law until someone in authority asks you to leave. A verbal "request" can be ignored, but not a formal or implied warning that you will be trespassed. If you refuse a verbal request, a statement like "then I'm going to call the police," should be interpreted by you that they want you to leave and will have you trespassed. Leave or comply at that point or you will be talking to the police about trespassing. 

Often the trespassing statute, NRS 207.200, is put on "no guns' signs. It is also on "no skateboarding," "no loitering," and similar signs. All the law says is that you cannot "go upon the land or into any building with the intent to vex or annoy the owner or occupant...or to commit any unlawful act." If you have already been trespassed or told to say off the property, that is also prohibited. Merely coming on private property to do your business is not trespassing, unless you have been warned about it before.

Signs quoting NRS 202.3673 are referring to government​ buildings. 
"Public" means a government building (owned by cities, the state, counties, local districts, etc.). This does not mean private property open to the public, like casinos, stores, and other businesses. Signs referring to "no guns" with the NRS 202.3673 statute are wrong. Private buildings with metal detectors also aren't legally gun free zones (though they may kick you out). Also know that this law only applies to concealed carry.

Can I open carry at the mall? Can I open carry at a casino?
Yes, legally you can carry on private property (except private schools and day-cares) even if there is a 'no guns' sign. However, most indoor malls and casinos will ask you to disarm or leave the property. All they can do is ask you to disarm or tell you to leave. Failure to do so would be a trespassing violation. ​
​​The only private property where, by law, open carry (any possession of guns) are banned are private schools and child care facilities.
  • On the premises of a public school, on the property of the Nevada System of Higher Education, or a child care facility without written permission of the college president, school principal, or head of a public child care facility, including in the parking lot (NRS 202.265). This includes guns anywhere inside a car, even in a locked safe/container.
  • A private in-home child care facility, except by the homeowner(s) or residents (NRS 202.265).
​Why Child Care Facilities?
This includes in-home daycare, day and overnight camps, and daycare business per NRS 432A.024. A daycare within a business, such as casino would be off-limits, but not the larger business housing the daycare.. Unfortunately, an unprofessional group of bounty hunters attempted to arrest a wanted person and believed that she was at a children's day care. The incident was disturbing to the children and to the owner. The owner then contacted Assemblywoman Smith who, in 2007, successfully had the law amended to prohibit firearms in child care facilities. Click here for the citation from the legislative minutes.

To see what is and isn't a licensed child care facility, visit this DPBH webpage and look for the current list under the 'Resources' right-hand sidebar and click 'Providers.'
Contract post offices that are part of something else and not operated by USPS employees, like a window at a 7-11, are not federal gun free zones.

Indian Reservations
Firearm carry on Indian reservations is a gray area. Some reservations in Nevada do permit concealed carry with a valid concealed firearm permit, however, it may vary. Tribes cannot enforce tribal law on non-tribal members, though they can enforce state and federal law. You may be trespassed from the reservation and have your firearm confiscated. One should contact individual reservation authorities for clarification of their regulations.
​Can I open carry in a bar? Can I drink while open carrying?
There is no law against carrying open or concealed in bar or while drinking, however, it is a crime to be in possession of firearm when one’s blood alcohol content (BAC) is .08 or greater (NRS 202.257). AB 291 (2019) changed this from .10.

​
Does Nevada have a law that protects me if I keep a gun in my car at my workplace?
No. Employers and private property owners may enforce their own internal regulations regarding firearms and you may face discipline, including termination, for breaking their rules. Nevada Carry recommends that a weapon in a vehicle be kept within a locked container or compartment when unattended or children are present. Firearms should always be under the direct physical control of their owner when not locked away. If you choose to carry a firearm concealed on your person against your employer's rules, make sure it is totally concealed and no one knows about it.

Can you open carry on the Strip or Downtown Las Vegas/Reno?
Yes. Casinos will likely ask you to leave or disarm if you are discovered carrying, but the only penalty is trespassing if you refuse to comply. Open carry is legal and police/security cannot stop it on public roads/sidewalks. Southern Nevada/Las Vegas Open Carry members have carried openly en masse several times in both Downtown and on the Strip.

Can my HOA or landlord ban me from openly carrying?
That depends on your CC&Rs (
Covenants, Conditions & Restrictions) and the terms of your lease. There is no legal authority, other than trespassing on common property (clubhouses, pools, etc.), that would apply. The only repercussions would be civil fines under CC&Rs or eviction by a landlord.

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  • Home
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