This is not the whole post - follow the link and read the whole thing.
In what by my count is the fifth post-McDonald complaint to be filed in Federal court, the Mountain States Legal Foundation filed a lawsuit in the US District Court for Nevada, Northern Division, last week over firearm restrictions in Nevada State Parks.
According to a story in the Las Vegas Sun,
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In April, Mr. Baker applied for a special use permit for a group campsite at the Wild Horse State Recreation Area north of Elko, NV. His application stated that he planned to possess a loaded firearm in his tent for self-protection. At the beginning of June, he got a response from the State Recreation Area.
"Mr. Baker has been advised that, if he brings a firearm for personal protection, he will be in violation of state law," the legal foundation said.
"Nevada’s ban on firearms prohibits Mr. Baker from possessing a functional firearm when he is camping in Nevada state parks. He must leave his firearm in his car, unloaded at all times, even in the case of a self-defense emergency. If he were to discharge a firearm in self-defense, that action would also violate the ban. The penalty for violating the Nevada firearms ban is six months imprisonment, or a $1,000 fine, or both," the foundation said.
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This lawsuit is unique in that it argues that a tent is a temporary residence and that the same Second Amendment right that protects the right to a firearm in a residence should apply here. If the Court accepts this argument, then the Second Amendment protections should also apply to stays in hotels, motels, and other lodging as well as a RV in a campground.
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You can read the complaint below.
Baker v. Biaggi Et Al - Complaint
