Mandalay Bay Hotel Was a “Gun Free Zone”

That’s incorrect in Nevada but correct in most other states.

The short answer: Any business can ban firearms, post signs, and make it public that they ban firearms. However, you as a citizen with a CCW permit will not be in violation of the law if you exercise your right to concealed carry in said business banning firearms. The exception is through controlled access, like manned metal detectors at every entrance to said business. You can also legally carry a firearm, in the open, on the strip and in the rest of the state (with very few exceptions and it has been recently challenged in court).

I like almost every citizen in this country am not of a criminal mindset, obey laws, and exercise prudence in every legal decision I make. That being said, as a firearm owner it is very easy to become a criminal even when your intent is the complete opposite. Simply put, ignorance is never an excuse, even when the laws are constantly changing and (purposely) confusing. What’s legal in Nevada could get you an expensive pair of stainless steel bracelets slapped on your wrist in California.

For example, as a Concealed Carry Permit holder in Nevada I could walk into a bar (with firearm concealed), have one drink with my buddies and hang out until closing, so long as my BAC does not exceed 1.0. In California, if I plan on entering a bar I have to first return to my vehicle, unload my firearm, place it in a locked box, store the ammunition separately so that the two are not easy to get to (firearm locked in the trunk, ammo in back seat), and leave them in the car while at the bar. Even if I am the designated driver and violently allergic to alcohol, meaning I would never drink, I am still breaking the law by walking into that bar with a concealed firearm, even with a permit in California.

My credentials: I am a concealed carry permit holder and I take this privilege very seriously. I am currently registered in 2 states (CA & UT), which allows me to carry in Nevada, and I just applied for my 3rd (AZ). I hope to always be the example of what every firearm owner or permit holder should be/do in order to remain safe and responsible. When I bought the firearm I am currently using for concealment I spent 2 weeks doing drills daily. I would take it apart and then put it back together again, over and over again. Then I would try to do it with my eyes closed, something extremely challenging with a SW M&P Shield 40 under California state laws. That freaking yellow hairpin lock that you have to release in order to take it apart is just ridiculous (IMHO) and I’d argue whatever law required that doesn’t make anyone safer, in fact it adds unnecessary deliberate risk and increases the chances of an accident. I’ve never heard a good argument for it, but would love the opportunity to be humbled by one of you if you can tell me how it’s a good idea. Anyway, after two weeks of taking it apart, dry firing, and putting it back together (not in that order) I began practicing loading and unloading the firearm. By the third week I was ready to go, went to the range and because I took the time to get acquainted with my firearm, I did not look like a fool at the shooting range the following week when my firearm jammed with the cheap range ammo. The point is to display how I exercise caution on all fronts with a firearm and so should you. We are talking about no second chances here and room for any errors. I bought my firearm to keep my family safe and for recreation. That being said, you now know I am not just a random person trying to argue or troll you, but rather someone who is just trying to help keep this conversation factual in an effort to keep it constructive. These comment sections do have a way of working themselves into a pissing contest real fast.

With that spirit in mind. Just how you would never jump into a lake without first learning how to swim. As a CCW permit holder, just like my example in the beginning of this comment, you should never go into another state without first reading up on their laws. Las Vegas is a place I love to visit so in the spirit of caution and prudence I read up on the firearm laws of the State of Nevada. I will even be happy to provide some links for you (upon request) but it is really so simple to research, go to Google, type in Nevada firearm laws and you will find a link the State’s Department of Public Safety, along with tens maybe hundreds of other sites debating and providing education into the Nevada firearm debate.

You may be surprised to discover that if you can legally buy a firearm in Nevada, it is also perfectly legal to openly carry a firearm on the strip or anywhere else in Nevada, with the exception of the no firearm zones like courthouses, and other federal buildings. That and any other no firearm zone(s) are all listed on the site along with what your rights are as a concealed carry permit holder. Now with that being said let’s move into concealed carry and businesses.

After hours of reviewing the laws and how they have played out in a few notable cases in Nevada, I have found the following: It is perfectly legal for a business in Nevada to ban firearms. However, this next part may seem unusual to some but please recognize that if you are a law abiding person who exercises prudence and your whole hearted intentions is just to live out your life to the fullest in the safest way possible, then maybe we are united on that front. Some will disagree with me on what I am about to say, so if that is you but you still agree with me on what I just said about safety, at least respectfully hear me out with an open mind. If you still disagree, no problem, just try not to be offended by me and keep your comments constructive because my intentions are safety and the opportunity to remain safe if I am unfortunate enough to be in the wrong place at the wrong time. That being said, the only lawful way a business in Nevada can ban a firearm is through controlled entry (like manned metal detectors at every public entrance) and I completely agree with it. For example going into a concert they will usually ban firearms and have you walk through a metal detector or a physical pat down in order to enter. If any public entrance is absent of controlled access (like manned metal detectors) in a business where they are prohibiting open or concealed firearms, you are not breaking the law if you are discovered to have a concealed firearm and hold a legally recognized permit for Nevada. The reason I think this is a good idea is because it is not right to turn someone like myself into a criminal over this. I firmly believe in a country that provides the right to arm yourself, the burden should be never be placed on the citizen. For example, after the Aurora theater shooting, I’d feel a lot more comfortable knowing that I can attend a movie, responsibly armed for my protection. However, AMC has a strict no firearm policy and has restricted access, but they don’t need it. If I have a legally recognized permit in the State of California and I somehow miss the small (legally required sign, Google California gun ban sign, it’s so easy to miss) sign and am later found to have a firearm on me, I would be violating the law (trespassing), they could press charges, and I could get an expensive ride to jail.

As far as I am concerned, I have kept myself clean, never had any issues with violence, and have been fortunate enough to not have any mental issues. I am a responsible adult, have owned a business, am organized, and I pay my bills/taxes on time. If the State of California recognizes my right to be armed, they should not micro manage it to a point that makes it confusing and could turn a good person into a criminal when all of us want the same thing. In a country where the right to bear arms comes before a business’s right to ban said arms, no prudent and/or lawful citizen should ever be allowed to be criminalized over what could very easily be an honest mistake with the best of intentions. Repeated offenders, I may feel differently about. However, when it is that easy to convert an honest citizen into a criminal with an arrest on record, there’s something fundamentally wrong. I would argue that when it’s that easy, it’s the deliberate intention of those who authored the original bill and that is very, very scary. Don’t think so? You may feel differently after touching up on some world history, the history of Germany from the end of WWI to WWII is hard to ignore. The sad thing is this example has played out in history multiple times.

It doesn’t matter if the prohibition on “…weapons of any kind.” had the force of law or not. People understood or agreed they weren’t allowed to have guns there, therefore it was a gun-free zone. To be a “gun-free zone” *doesn’t* require that a person simply *not* observing that prohibition (de facto or de jure) is violating a law. So, it was, in effect (de facto) a gun-free zone. Private property that has a no guns policy or an event that has the same policy that takes place in a venue that would otherwise allow firearms is still a gun-free zone.

Again, it’s only *not* a gun-free zone if you define a GFZ by whether someone armed with a firearm is violating a law.