Defensive Carry banner

1 - 20 of 20 Posts

·
Registered
Joined
·
14 Posts
Discussion Starter #1
Nevada's permit has on the back each individual pistol your able to carry by make model and caliber except for revolvers where if you qual with one you can carry any revolver. I just put in for a PA non resident permit so I can carry in NC where NV doesnt have reciprocity with. A PA permit I dont believe has the same rules as to what pistols you can carry so I would be able to carry any pistol in the states PA has reciprocity with and only the pistols that are specified on the back of the NV permit in states NV has reciprocity with correct?
 

·
Registered
Joined
·
8,273 Posts
A word of wisdom regarding laws,there are many knowledgeable members on
this forum but I don't take anyone word regarding laws concerning CCW.My
carry permit is to important to lose because I was to lazy to check out reciprocity laws or prohibited carry sites like public school,school grounds.
The bottom line is if you read the law book or city or dances and still can't make heads or tales o f it ask a police officer.They'll find an answer for you.
 

·
Super Moderator
Joined
·
19,009 Posts
Better yet write to the state's Attorney General and get a answer in writing as to what is legal. LEO's may give you an answer. It may or may not be correct, but a written letter from the the AG would legally cover you much better.
 

·
Registered
Joined
·
14 Posts
Discussion Starter #4
Im not trying to challenge any laws. The only time I see it might come into play is if I were in a state where NV and PA had reciprocity with and what permit I gave the LEO if it need to be presented.
 

·
Registered
Joined
·
431 Posts
If your question pertains to carrying in NC, then this is what you want to know. Also, NC allows you to carry 1 handgun concealed with a permit, it does not specify what model.
As of August 14, 2003, North Carolina also allows certain out-of-state concealed
handgun permittees to carry concealed handguns, pursuant to such permits in North
Carolina if the person’s respective state also grants such privilege to North Carolina
concealed handgun permittees. N.C. Gen. Stat. § 14-415.24(a) The list of states granting
such reciprocity, and therefore, recognized by North Carolina, is constantly changing. You
should refer to the North Carolina Department of Justice’s website at NCDOJ for
a current listing of those states which are allowed to carry, pursuant to their concealed carry
permits in North Carolina. While carrying a handgun pursuant to such permit, qualified
out-of-state permittees are held to the same standards as North Carolina permittees.
http://www.ncdoj.com/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/2007-NC-Firearms-gun-Laws.aspx
 

·
Registered
Joined
·
934 Posts
Better yet write to the state's Attorney General and get a answer in writing as to what is legal. LEO's may give you an answer. It may or may not be correct, but a written letter from the the AG would legally cover you much better.


i doubt they would reply.... maybe he could ask a sheriff in that state to write the AG.....

in PA doesnt have training or a pistol registration on their peremits afaik so you should be safe... basically the permit your carrying on is just honored like a permit from the state you are in ex Ga allows OC, but i go to florida i cant OC(unless fishing,camping or hunting) becAUSE MY gfl is treated as a FL CCW while there
 

·
Registered
Joined
·
66 Posts
One of the things to consider is that the terms of many state's non-resident permits/licences is to actually have a resident permit/license in your state of residency. Therefore, for your potential PA non-res to be valid, you may have to also present your NV resident ticket.

Generally, other states are reciprocal with a certain state BECAUSE of their guidelines in issuance of the permit. So while the PA permit may not specify what firearm you can carry, you are not realistically meeting the intent of your NV licence, which, again, may or may not be dependent upon your NV licence.

Please do your own research, or even easier just qual with the gun you want to carry.
 

·
Registered
Joined
·
14 Posts
Discussion Starter #9
Ill do my own research before commiting. the problem is I wont be able to make it home for another year so cant add anything else to the NV permit till then.
 

·
Premium Member
Joined
·
5,038 Posts
Better yet write to the state's Attorney General and get a answer in writing as to what is legal. LEO's may give you an answer. It may or may not be correct, but a written letter from the the AG would legally cover you much better.
:yup:

Bingo!

BTW, some AGs are not good about answering questions from individuals.

If no reply, from your AG, ask your local delegate to ask the AG. If the AG of another State, ask your congressman to ask for an answer.

When you get a written reply, you might want to send a copy to your local grass roots RKBA organization to post for others -- see:
Virginia Citizens Defense League, Inc. (VCDL)
 

·
Registered
Joined
·
1,122 Posts
A word of wisdom regarding laws,there are many knowledgeable members on
this forum but I don't take anyone word regarding laws concerning CCW.My
carry permit is to important to lose because I was to lazy to check out reciprocity laws or prohibited carry sites like public school,school grounds.
The bottom line is if you read the law book or city or dances and still can't make heads or tales o f it ask a police officer.They'll find an answer for you.
The LAST person I would ask for an interpretation of a state's CCW laws is an LEO. No disrespect intended either.

Ask the the state' s AG for information.
 

·
Premium Member
Joined
·
24,511 Posts
While carrying in NC you are under their gun laws. NC does not require model of weapon on their permits. PA does not require it either. If you are carrying under a PA permit and following NC law you should be good to go. Remember IANAL and this is just my opinion.
 

·
Super Moderator
Joined
·
50,603 Posts
Better yet write to the state's Attorney General and get a answer in writing as to what is legal. LEO's may give you an answer. It may or may not be correct, but a written letter from the the AG would legally cover you much better.
I'm not sure that an AG's opinion can be considered legal...it's an opinion, that's all.

How's it going Rocky? Any snow yet?:wave:

+++++++++++++++++++++++++

To the OP...

If you have a permit to carry that's honored by NV, and your permit allows you to carry any firearm...NV honors YOUR permit. I can't even believe that you would have to use a particular firearm as those in NV must do.
Remember the NV law states which firearms on the back of the NV permit.
If your state does not list particular firearms on the back (which I think is :bs2: anyway), then your MUST be good to go because your 'xyz' state permit says you are...and NV has agreed to accept it.

It can be no other way...:blink::scruntiny:
 

·
Premium Member
Joined
·
5,038 Posts
I'm not sure that an AG's opinion can be considered legal...it's an opinion, that's all.
Interesting.

In Virginia the first of the duties and powers of the AG listed is

•Provide legal advice and representation to the Governor and executive agencies, state boards and commissions, and institutions of higher education.
INAL but my understanding is that those opinions are binding on all State executive agencies, state boards and commissions, and institutions of higher education -- until reversed by a subsequent AG or reversed by a court.

In court, the AG is is the Commonwealth's law firm. So, at that time, it's an just one of two, or more, conflicting opinions. Once the Court rules that is the binding opinion, until reversed by a higher court opinion, or a subsequent opinion of the same court.

So, opinions are binding until....

As for local governments the AG's opinion are generally binding until reversed in court also.

County/City Attorneys (who have the same relationship to local governments) look to and follow the AG's office on legal opinions.

See:
http://www.oag.state.va.us/OPINIONS/2007opns/06-072-Barnett.pdf

Then there is the "Golden Rule of Politics" -- he who has the gold makes the rule. In this case, the AG has all the resources to represent the Governor and executive agencies, state boards and commissions, and institutions of higher education and to defend the constitutionality of state laws when they are challenged in court.

If a State employee goes against the AG's opinion he's on his own to represent and defend that action -- w/o any claim of solvent immunity and might well have the weight of the State Executive Branch on the other side.

So, IMHO it is the 800 pound gorilla opinion within that State, not just another opinion.

BTW -- Re: my earlier post, in Virginia:

One thing the Attorney General and the other attorneys on our staff cannot do is give legal advice to private citizens. If you have a private dispute, this Office cannot intervene.
Hence the need to have your local delegate ask for you.
 

·
Super Moderator
Joined
·
50,603 Posts
Interesting.

INAL but my understanding is that those opinions are binding on all State executive agencies, state boards and commissions, and institutions of higher education -- until reversed by a subsequent AG or reversed by a court.

In court, the AG is is the Commonwealth's law firm. So, at that time, it's an just one of two, or more, conflicting opinions. Once the Court rules that is the binding opinion, until reversed by a higher court opinion, or a subsequent opinion of the same court.

As for local governments the AG's opinion are generally binding until reversed in court also.

If a State employee goes against the AG's opinion he's on his own to represent and defend that action -- w/o any claim of solvent immunity and might well have the weight of the State Executive Branch on the other side.

So, IMHO it is the 800 pound gorilla opinion within that State, not just another opinion.

Hence the need to have your local delegate ask for you.
DavidH...

While I understand your train of thought, and I don't disagree. There are other considerations which require 'caution'.

In our school district, and I cannot remember the times I was willing to take something to court based upon an AG's opinion, and our law firm quickly noted that going to court based upon an AG's opinion does not necessarily mean you will win the battle.
A state's statutes on the other hand are pretty clear (although even those can be misinterpreted).
While I understand the 'weight' of an AG's opinion, I would want to become a test case, because his opinion backs up my desired outcome.

Note:
Normally, opinions of the Attorney General are persuasive but not controlling on the courts. We consider that great weight should be given such opinions when the legislature has specifically delegated to the Attorney General the duty of interpreting the Act and aiding in its enforcement.

Here is the 'double-edged sword'...
Although the courts have generally ruled that opinions are "advisory in nature," persons who reasonably rely on Attorney General Opinions may be protected from civil and criminal liability, even if the Attorney General has erred in his interpretation. Conversely, the failure to follow the authoritative advice of the Attorney General may be evidence of a lack of good faith.

In summary, Attorney General Opinions are not binding on the courts; however, they are persuasive and the courts may give them great weight. Since the Attorney General is constitutionally and statutorily charged with interpretation of the law upon request by certain persons, reasonable reliance upon an Attorney General Opinion would constitute an affirmative defense to criminal prosecution.

Exercise Caution

One should always exercise caution in interpreting and applying opinions. The State Legislature may, for example, pass a law which would render a previously issued opinion inoperable; while more recent opinions may overrule part or all of previous opinions. In addition, opinions are responses to specific, factual situations in point of time, which may or may not be the same as those of the reader. An attorney should be contacted if you seek further advice.

Take care,
 

·
Registered
Joined
·
3,426 Posts
If your question pertains to carrying in NC, then this is what you want to know. Also, NC allows you to carry 1 handgun concealed with a permit, it does not specify what model.
Although the NC CCP only applies to handguns, no other weapons. The fact that it uses the singular, handgun, is a very thin reason to interpret that it applies to carrying only one handgun. There is no language in the scope of permit that limits it to one. YMMV, IANAL, etc, etc

I find it interesting the all revolvers must be the same and all Semi's must be different in NV. That's obnoxious.
 

·
Premium Member
Joined
·
5,765 Posts
The discussion we are having regarding AG opinions is probably the biggest reason they don't reply to questions from individuals, as opposed to state agencies/offices....
 

·
Premium Member
Joined
·
5,038 Posts
....
Normally, opinions of the Attorney General are persuasive but not controlling on the courts.... Conversely, the failure to follow the authoritative advice of the Attorney General may be evidence of a lack of good faith.

....

In summary, Attorney General Opinions are not binding on the courts; however, they are persuasive and the courts may give them great weight. Since the Attorney General is constitutionally and statutorily charged with interpretation of the law upon request by certain persons, reasonable reliance upon an Attorney General Opinion would constitute an affirmative defense to criminal prosecution.

....

Exercise Caution

One should always exercise caution in interpreting and applying opinions. The State Legislature may, for example, pass a law which would render a previously issued opinion inoperable; while more recent opinions may overrule part or all of previous opinions. In addition, opinions are responses to specific, factual situations in point of time, which may or may not be the same as those of the reader. An attorney should be contacted if you seek further advice.

Take care,
↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ :yup: ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ :yup: ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ :yup: ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ :yup: ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑ :yup: ↑ ↑ ↑ ↑ ↑ ↑ ↑ ↑

Absolutely agree.

The Courts have the last word.

It's the "the failure to follow the authoritative advice of the Attorney General may be evidence of a lack of good faith" that's of value if (or when) an elected, or an appointed official (in this thread, read: LEO) fails to follow the Attorney General opinions.

However, IMHO, such opinions are second only to established case law.

And I absolute second your advice on exercising caution in interpreting and applying opinions. I keep finding a twist somewhere, which I hadn't know about before.

INAL and even good lawyers get blindsided by obscure precedent on occasion.
 

·
Registered
Joined
·
785 Posts
ask a police officer
No. That's the last person to ask if you want court-provable opinions. Line officers often to NOT know the law - that's why they have D.A.s and Prosecutors. "Hey, Mr. D.A., what can we charge this guy with?" The D.A. is the man to ask.
 
1 - 20 of 20 Posts
Top