Exposing The Weapon Carelessly -nv

Exposing The Weapon Carelessly -nv

This is a discussion on Exposing The Weapon Carelessly -nv within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; From my little guide line what I received at my ccw course. Exposing the weapon carelessly. *Extreme Example: NRS 202.320 Drawing deadly weapon in threatening ...

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Thread: Exposing The Weapon Carelessly -nv

  1. #1
    Member Array TheHun's Avatar
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    Question Exposing The Weapon Carelessly -nv

    From my little guide line what I received at my ccw course.

    Exposing the weapon carelessly.
    *Extreme Example:

    NRS 202.320 Drawing deadly weapon in threatening manner.

    1. Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.

    2. A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his duties.

    [1911 C&P § 174; RL § 6439; NCL § 10121]—(NRS A 1967, 486; 1989, 1240)


    http://www.leg.state.nv.us/NRS/NRS-2...l#NRS202Sec320


    *More Common Examples:
    -Opening purse to retrieve checkbook, etc. and the pistol is readily visible to store clerk.
    -Carrying pistol in waistband and shirt rides up exposing the weapon.
    -Carrying pistol in shoulder-holster and coat opens exposing the weapon.




    I got the extreme examples part.
    I am concerned about the "more common examples." ---->"carrying pistol in waistband and shirt rides up exposing the weapon"
    means if my pistola gets visible for a sec due to the wind etc. I can get busted for that? I don't get it. Nevada is an open carry state.
    I can carry opened (not going to) and be legal, but if my gun gets accidentally exposed they have me sit on the nut-cracker?
    Can somebody explain this to me please?
    I carry a gun cause I can't carry a cop.


  2. #2
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    This statute refers to what some call "brandishing". Not the "unintentional" display of your weapon but a "deliberate" display. (draws or exhibits - in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel,)

    Interestingly though, the complainant needs a witness! (in the presence of two or more persons)
    ALWAYS carry! - NEVER tell!

    "A superior Operator is best defined as someone who uses his superior
    judgement to keep himself out of situations that would require a display of his
    superior skills."

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    Member Array tabsr's Avatar
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    Minnesota

    Got it almost right, the permit is for carry, either way
    "Politicians and Bureaucrats, depend very much on the complicity of their victims, and like criminals, are flummoxed when we don't play the victim role."

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    VIP Member Array friesepferd's Avatar
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    most states, including my own, have laws against brandishing.
    the point is that you cannot purposefully expose your weapon in a threatening manor. so your shirt tail riding up and someone seeing your gun is not against the law, BUT defiantly not a good situation. Most likely you will be having at least a long talk with a cop. You dont want anyone to know you are carrying. Try your best to make sure it doesnt happen, but im pretty sure your not going to be thrown in jail for someone noticing something they weren't suppose to.

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    VIP Member Array LongRider's Avatar
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    There was a story a few years back in The Peoples Republic of Seattle, a clerk saw a gun in a guys waist band she called LEO saying he was brandishing. The police arrived with I assume was a armed and dangerous call. Sirens blazing yelled at the guy to freeze hands in the air he spun around and was shot to death, Guy had a BB gun or some such thing. I am very careful to stay concealed. Like one gentleman's sig. says always carry never tell
    Abort the Obamanation not the Constitution

    Those who would, deny, require permit, license, certification, or authorization for me to bear arms are as vile, dangerous & evil as those who would molest, abuse, assault, rape or murder my family

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    Member Array alyehoud's Avatar
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    This is why I wish open carry was more widely legal. I know it would make me a LOT less paranoid about my shirt popping up over the butt of my pistol...

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    OC is legal in Nevada but in over 35 years of living here, I can only think of one time that I ever saw anyone OCing!
    ALWAYS carry! - NEVER tell!

    "A superior Operator is best defined as someone who uses his superior
    judgement to keep himself out of situations that would require a display of his
    superior skills."

  8. #8
    Member Array alyehoud's Avatar
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    I would OC sometimes if legal here in FL depending on the clothes I was wearing and how conducive they were to CC vs. OC, but CC whenever possible.

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    VIP Member Array tns0038's Avatar
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    Sure it happens from time to time, and if you act like it’s nothing, and keep going about your business, then anyone noticing will also act like it’s nothing.

    Back in the mid 80’s when concealed weapon license in Florida where not common, I was getting on an elevator in a fancy Palm Beach FL hotel, and my 45 combat commander, I had tucked in to small of my back, slither down my pants onto the marble floor, making a huge sound, thus getting the notice of the two other in the elevator.

    I reached over and picked up my 45, and placed it back in the small of my back, thus covering it with my sport coat. One person in the elevator said, “Are you a cop, or something”, and I replayed “Or something”, as I walked out the door.

    While it was quite embarrassing, because I keep my cool, and acted as though it was nothing, so did the others.

  10. #10
    Member Array njeske's Avatar
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    with open carry being legal in NV without any sort of permit, you don't need to worry about accidental display of your gun. unless you're holding it and pointing it at someone, it's not brandishing.

    now CA is a different story...

  11. #11
    Distinguished Member Array Squawker's Avatar
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    I've had it happen twice here in Nevada. Once, when I was walking into Bass Pro Shops, I was asked by an employee at the front if I had a CCW permit. I replied that I did, and asked why he asked the question. It seemed that when getting out of the car, my vest rode up, and got caught behind the gun. I was wearing the holster more at a 5 o"clock position, and I wasn't aware that the gun was exposed. I quickly pulled the vest down, and we just talked and joked a bit. The employees actually apologized for inconveniencing me, but I told them that I was thankful that they told me about it. The second time occured a few months ago, when I was leaving a casino after cashing my unemployment check. I was carrying my XD 45 in a fanny pack holster, and for some reason the zipper came down without me knowing it, and the gun fell out of the pack... in front of 3 casino security guards. They were cool about it, I showed them my CCW permit, and talked guns for a while. So, now when I get out of the car, I perform the "Picard maneuver", pulling the vest, or shirt, or whatever cover garment that I'm wearing down when I get out of a car. Actually, I do the same whether or not I'm carrying in my IWB holster or using pocket carry. And, when I have to use the fanny pack, I check the zipper frequently to make sure that it's in the proper position, easy to open, but secure.

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