👀 (Read 4481 times)

Flapp_Jackson

Re: What would you do in my situation….
« Reply #20 on: May 23, 2023, 02:17:56 PM »
Wouldn't that mean if it were talking about carrying concealed or openly.  As transporting is a different law.  I mean if the state or feds have their own sensitive places law, then it would pre-emt the C&C one.  Cause if it doesn't mean this, then that means since the state law now allows me to CCW everywhere with no restrictions, this C&C sensitive places is moot. But under federal law, court houses, post offices, military bases, etc...are still banned.

I could be wrong and you are right, but I've spoken to someone who knows the law in great detail and he agreed that permission would have to be granted by the LGS.  It's possible he could be wrong too.

No.

Concealed carry is a completely separate act apart from transporting between "places to keep," which anyone -- CCW licensees or not -- can do.

You're getting wrapped around the axle viewing it from a licensed carrier's perspective.  None of the sensitive places crap apply to the general gun-buying/owning public.

"I could be wrong and you are right, but I've spoken to someone who knows the law in great detail and he agreed that permission would have to be granted by the LGS."

Permission to what?  CCW?  or buy and take a firearm home?
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: What would you do in my situation….
« Reply #21 on: May 23, 2023, 04:16:41 PM »
Wouldn't that mean if it were talking about carrying concealed or openly.  As transporting is a different law.  I mean if the state or feds have their own sensitive places law, then it would pre-emt the C&C one.  Cause if it doesn't mean this, then that means since the state law now allows me to CCW everywhere with no restrictions, this C&C sensitive places is moot. But under federal law, court houses, post offices, military bases, etc...are still banned.

I could be wrong and you are right, but I've spoken to someone who knows the law in great detail and he agreed that permission would have to be granted by the LGS.  It's possible he could be wrong too.

You go to Vegas quite a bit, right?

Vegas is in Clark Co, and both the city and county had conflicting laws.  The city allowed open and concealed carry, but the county banned both even though the state allowed open carry at a minimum.  I may have that backward, but it's not relevant.  Either way, you had to know whose jurisdiction you were in to know if it's legal to carry concealed.

The state then passed a law stating no city or county can pass a gun law that supersedes state  law.  So, even if the county bans it, the state law allowing open and/or CCW takes precedence.

The state did that as a catch-all caveat for any new gun laws passed at lower jurisdictions. 

If you notice, the HI ordinance specifically states that state and federal law override the ordinance. Without a law similar to the Nevada law outright giving all state laws precedence, each lower level law or ordinance must specify if state and/or federal law presides over the law/ordinance.  Otherwise, it's implied that the law/ordinance governs the action regardless of higher guidance.

Don't just assume state (and federal) law is the governing body of law unless you know the higher level law says so.  I think Honolulu city and county understand this, which is why they state in almost all sections "Except as otherwise provided by federal or State law".
« Last Edit: May 23, 2023, 04:31:49 PM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

Re: What would you do in my situation….
« Reply #22 on: May 24, 2023, 08:52:06 AM »
You go to Vegas quite a bit, right?

Vegas is in Clark Co, and both the city and county had conflicting laws.  The city allowed open and concealed carry, but the county banned both even though the state allowed open carry at a minimum.  I may have that backward, but it's not relevant.  Either way, you had to know whose jurisdiction you were in to know if it's legal to carry concealed.

The state then passed a law stating no city or county can pass a gun law that supersedes state  law.  So, even if the county bans it, the state law allowing open and/or CCW takes precedence.

The state did that as a catch-all caveat for any new gun laws passed at lower jurisdictions. 

If you notice, the HI ordinance specifically states that state and federal law override the ordinance. Without a law similar to the Nevada law outright giving all state laws precedence, each lower level law or ordinance must specify if state and/or federal law presides over the law/ordinance.  Otherwise, it's implied that the law/ordinance governs the action regardless of higher guidance.

Don't just assume state (and federal) law is the governing body of law unless you know the higher level law says so.  I think Honolulu city and county understand this, which is why they state in almost all sections "Except as otherwise provided by federal or State law".

You're correct, NV passed a preemtion law and amended it a few times since it's passed to fix the stuff they missed. The state has a uniform law now. Clark County was the main one to push more gun control. Example, the state/counties had "blue cards" for their CCW which was handgun specific and valid in only that county that issued it. Unlike HI, it's difficult to tell when you cross county lines. At least in HI, there's an ocean that separates, except for Maui county.  In NV, someone told me it's the signs you have to watch.  Like they're different font or color.  But since the preemtion, now there's 1 CCW permit thats valid for the entire state.  IIRC this was 2015 or so, cause we got our first CCW in 2016 and the instructor was saying how we're lukcy it's under the new law.

But I've heard stories that Clark County is famous for enforcing their no guns in parks ordinance.  IDK if this is an add on charge or just a family enjoying the park and not breaking any other law.  And IDK if people sucessfully defended against this in court as I have not looked too deep into it. 

But I am watching NV more as it may be a state we move to.  Their new Gov veto'd a few anti 2a bills recently.  Which surprised me because although he's a GOP, he has stated prior that he supports mag limits (10rd).   I think their legislature can still override the veto, but it would take some party line crossing to support it.  But it already made it's way to the Gov's desk, so it's possible.

HI has not passed any preemtion yet.  WHich is why the ROH is a cluster fuck.

changemyoil66

Re: What would you do in my situation….
« Reply #23 on: May 24, 2023, 08:53:53 AM »
No.

Concealed carry is a completely separate act apart from transporting between "places to keep," which anyone -- CCW licensees or not -- can do.

You're getting wrapped around the axle viewing it from a licensed carrier's perspective.  None of the sensitive places crap apply to the general gun-buying/owning public.

"I could be wrong and you are right, but I've spoken to someone who knows the law in great detail and he agreed that permission would have to be granted by the LGS."

Permission to what?  CCW?  or buy and take a firearm home?

Permission to CCW. Also the ROH violates the places to keep for your business.  State law allows you to carry in any way in your business, but ROH doesn't. I mean, you can grant yourself permission, so it's moot.  Just make sure you answer correctly when asked who approved it.

groveler

Re: 👀
« Reply #24 on: May 24, 2023, 12:17:47 PM »
I'm long past obeying laws and regulations created by idiots.
 :wave: