Nevada Resident vs. Reciprocity CCW Issues [Archive] - Glock Talk

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caneau
11-02-2007, 12:34
Many of you know that Utah and 7 other states now have reciprocity with Nevada for CCW permits. Nevada requires its holders to qualify with each pistol or any revolver and has the firearm printed on the back of the permit. The question then arose, what if a Nevada CCW resident held a Utah permit. Would he or she be able to carry any gun on their Utah permit in the State of Nevada without qualifying? I posed this question to the Nevada attorney general. I got a response back today:




Your e-mail to then Office of the Attorney General has been presented to me for a review and response.

Please be informed that the Nevada Attorney General only represents the State of Nevada and its correlated agencies. The Nevada Attorney General can only provide a legal opinion to those governmental entities as provided for in Nevada Revised Statute (NRS) 228.150. Per NRS 228.080(3), the Nevada Attorney general is not allowed to provide an official opinion or legal advice to any private person or organization.

Hence, this letter is for your information only; this letter is not formal legal advice and is not an official legal opinion of the State of Nevada Attorney General’s Office. Also as the undersigned, I am not an attorney and I am prohibited by NRS 7.285 from giving legal advice or counsel.

In addressing your questions concerning Nevada and Utah Concealed Firearm Permits (CFP), I request that you consider the following.

Because your Nevada and Utah non-resident CFP are issued by separate domestic (Nevada) and foreign (Utah) statutory authorities, they must be considered mutually exclusive from each other.

While you are in the State of Nevada, your Nevada CFP is your primary CFP carry privilege. This is because you are currently a full time established Nevada resident and as such you are carrying a concealed firearm under a Nevada CFP issued by competent Nevada authority under Nevada statute.

Foreign jurisdictions’ CFP, such as Utah’s, have no standing and your non-resident Utah CFP has no standing in Nevada. Hence, as a Nevada resident holding a Nevada CFP, if a Nevada peace officer shall demand from you presentation of your Nevada CFP under Nevada Revised Statute (NRS) 202.3667(1), your Nevada CFP will be recognized as primary CFP authority, not your non-resident Utah CFP.

When you travel to the state of Utah, as a Nevada resident, your non-resident Utah CFP then becomes primary Utah CFP carry privilege. Utah, in issuing to you a Utah non-resident CFP, is granting you the privilege, as a Nevada resident, to carry a concealed firearm with the Utah jurisdiction.

Also in addition to the above, your proposal to carry a concealed handgun in the State of Nevada as a Nevada resident holding a Utah non-resident CFP is in conflict with NRS 202.3688 (inconclusive) and NRS 202.3689 (inconclusive).

Clearly is the reading of NRS 202.3688 that recognition of certain selected foreign CFP (per NRS 202.3689) is limited to until that person, as required by the statute, to become a Nevada resident and issued a Nevada CFP within 60-days. After living in Nevada for more than 60-days, a Nevada CFP is required. This is consistent with other Nevada (and other states’) statutes requiring persons who have resided in Nevada for more than 60-days register their vehicles, get a Nevada drivers’ license, etc.

In Nevada a person cannot resided in Nevada for more than 60-days, become a Nevada resident, and continue enjoy foreign privileges, rights, and regulations (in your case, a non-resident Utah CFP). In Nevada, when you establish residency, you surrender your foreign privileges, rights, and regulations and become subject to Nevada jurisdiction. As a Nevada resident, a foreign authority (Utah) cannot grant you concealed carry privilege in Nevada!

One could conclude that under NRS 202.3688, a permanent Nevada resident cannot carry a concealed handgun under a foreign CFP (Utah). However a foreign resident holding a foreign CFP recognized under 202.3689, can temporary carry a concealed handgun in Nevada.

You have lived in Nevada more than 60-days; you need a Nevada CFP under NRS 202.3688. Also, as a Nevada resident holding a Nevada CFP, you are required to comply with NRS 202.3667(1), NRS 202.3657(2)(c)(2) and NRS 202.3667(inconclusive).

Thank you for contacting the Nevada Attorney General’s Office concerning this matter.

John C. Berrier
Office of the Nevada Attorney General
Legal Researcher – Criminal Division
100 N. Carson Street
Carson City, NV 89701
Telephone: (775) 684-1240

osiruscyn
11-02-2007, 12:46
pretty much what i figured. if you live in NV, your NV CCW trumps any and all other.

crazypilot
11-02-2007, 12:54
pretty much what i figured. if you live in NV, your NV CCW trumps any and all other.

Same here. Thanks for posting that caneau.

strokedf350
11-06-2007, 22:43
Thanks for posting this. I was wondering the same thing.