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Old 05-04-2018, 6:45 AM
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Quiet Quiet is offline
retired Goon
Join Date: Mar 2007
Location: San Bernardino County
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Originally Posted by solidfreshdope View Post
OP said NV allows up to .10 (which i am unsure if that is correct as it is above the legal limit of .08) and .10 is higher than .08
It's correct.

NV laws sets the limit at 0.10. [NRS 202.257]

Many decades ago, the NV DUI limit was set at 0.10 and that was also used to determine the limit for possessing a firearm. Then, Federal laws were enacted that mandated a uniform DUI limit (0.08) that all States had to abide by. When the DUI limit was dropped to 0.08, they neglect to drop the firearm possession limit, so it remained at 0.10.

Nevada Revised Statue 202.257
1.  It is unlawful for a person who:
(a) Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,
... to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.
2.  Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is requested by a police officer to submit to the test. If a person to be tested fails to submit to a required test as requested by a police officer, the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
4.  A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
5.  As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).

Last edited by Quiet; 05-04-2018 at 6:48 AM..
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