2nd Amendment and Nevada State Law Violation

[JasonC275]

I was open carrying in a bar in Nevada, legal as stated in NRS 202.257 so long as the carriers' BAC does not exceed .10. The establishment did not have any sign banning firearms.

I was kicked out simply because I was carrying, IAW the law. I had three drinks after work and was well behaved, as I usually am. The bartender claimed that I was scaring the other customers, although my weapon remained holstered the entire time (I actually forget abot it once it's on my hip.) I'm 200 lbs, male, and based on the Nevada Department of Public Safety, 3 drinks in 1.5 hours would have my BAC no higher than .06.

Do I have a discrimination case here, or civil rights, combination of the two?

Thanks.

 

[quincy]

I was open carrying in a bar in Nevada, legal as stated in NRS 202.257 so long as the carriers' BAC does not exceed .10. The establishment did not have any sign banning firearms.

I was kicked out simply because I was carrying, IAW the law. I had three drinks after work and was well behaved, as I usually am. The bartender claimed that I was scaring the other customers, although my weapon remained holstered the entire time (I actually forget abot it once it's on my hip.) I'm 200 lbs, male, and based on the Nevada Department of Public Safety, 3 drinks in 1.5 hours would have my BAC no higher than .06.

Do I have a discrimination case here, or civil rights, combination of the two?

Thanks.

A private establishment can ask people in their establishment to leave. You apparently were scaring other customers.

There is no discrimination case or civil rights case that I can see from what you have posted.

 

[xylene]

Did you call the police after you were kicked out to establish your BAC?

Because your conjecture means nothing.

 

[Zigner]

Did you call the police after you were kicked out to establish your BAC?

Because your conjecture means nothing.

Even if he DID do that, it still means nothing...the bar didn't have to let him come/stay in their establishment.

 

[FlyingRon]

Carrying a gun on private property isn't criminal no matter what the owner thinks about it.

However, if the owner choses to tell him to leave or stay out (for whatever reason) and he doesn't, he's guilty of criminal trespass.

 

[Zigner]

Carrying a gun on private property isn't criminal no matter what the owner thinks about it.

Agreed, but we were never told that the owner thought it was a crime, simply that it scared the other customers.

 

[quincy]

Carrying a gun on private property isn't criminal no matter what the owner thinks about it.

However, if the owner choses to tell him to leave or stay out (for whatever reason) and he doesn't, he's guilty of criminal trespass.

What you wrote is not quite correct.

You can read NRS 202.257 (Jason cited it in his first post): http://www.leg.state.nv.us/nrs/nrs-202.html

 

[FlyingRon]

It is QUITE correct. Carrying on private property isn't criminal. Carrying while intoxicated IS criminal (anywhere other than on your own property).

 

[quincy]

It is QUITE correct. Carrying on private property isn't criminal. Carrying while intoxicated IS criminal (anywhere other than on your own property).

Carrying on private property CAN be criminal, though. It depends on the facts.

See 202.265 for just one of the laws that prohibit carrying a weapon on private property, even if sober.

 

[ecmst12]

Just because you CAN do something, doesn't mean you SHOULD.