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Thread: Heard A Rumor... True or False?

  1. #1
    Regular Member DooFster's Avatar
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    Heard A Rumor... True or False?

    I heard from a co-worker that LVMPD is overhauling and taking over the NLVPD command because of budget problems... Is this true?
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by DooFster View Post
    I heard from a co-worker that LVMPD is overhauling and taking over the NLVPD command because of budget problems... Is this true?
    Not a "rumor"...


    http://www.lasvegassun.com/blogs/ralstons-flash/2012/apr/10/sheriff-ill-evaluate-north-las-vegas-request-explo/

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    Regular Member DooFster's Avatar
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    Does this mean that the stupid city law will be thrown out and also have less chance of arrest?
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by DooFster View Post
    Does this mean that the stupid city law will be thrown out and also have less chance of arrest?
    Don't think so... North Las Vegas and all its city ordinances will continue to exist... just might have another/different "agency" enforcing the "stupid city law.""
    Last edited by usmcmustang; 04-16-2012 at 09:51 PM.

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    Regular Member DooFster's Avatar
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    Makes sense... Will it be easier though for us to carry in NLV?
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by DooFster View Post
    Makes sense... Will it be easier though for us to carry in NLV?
    I haven't found it "difficult" to OC in NLV. I do ride by motorcycle there while OCing and NLVPD doesn't seem to notice or care. However, when OCing in my car and find myself having to go through that city somewhere, it's always in the back of my mind that if I get stopped for something, I'm probably in deep doo doo.

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    Regular Member DooFster's Avatar
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    Let's just hope the law gets changed... That's all I'm saying...
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

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    Quote Originally Posted by usmcmustang View Post
    Don't think so... North Las Vegas and all its city ordinances will continue to exist... just might have another/different "agency" enforcing the "stupid city law.""
    Not necessarily. If NLV goes full-on bankrupt, the area could revert back to the County, right? If City of NLV is insolvent, it can no longer exist, and becomes unincorporated Clark County, I think. Anyone with more clue than me feel free to chime in here, just spitballing.

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    Regular Member DooFster's Avatar
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    Quote Originally Posted by Merlin View Post
    Not necessarily. If NLV goes full-on bankrupt, the area could revert back to the County, right? If City of NLV is insolvent, it can no longer exist, and becomes unincorporated Clark County, I think. Anyone with more clue than me feel free to chime in here, just spitballing.
    I was thinking with Metro in charge, things will be different.
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

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    Regular Member The Big Guy's Avatar
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    I read some time ago that the State of NV was pondering taking over NLV. I would assume that if the city was taken over, they would become unincorporated. I would think that their laws would go away.

    Just heard on the radio that the Sheriff has decided he does not want to do it, so it isn't going to happen.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by The Big Guy View Post
    I read some time ago that the State of NV was pondering taking over NLV. I would assume that if the city was taken over, they would become unincorporated. I would think that their laws would go away.

    Just heard on the radio that the Sheriff has decided he does not want to do it, so it isn't going to happen.

    TBG
    As you say... "if the city was taken over" by the State due to insolvency, like you I believe it then "would become unincorporated." If that were the case, then the Sheriff would have no option but to have it within his jurisdiction as an unincorporated part of Clark County. I also would assume that any "City of North Las Vegas" ordinances/codes would be defunct.

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    Quote Originally Posted by The Big Guy View Post
    I read some time ago that the State of NV was pondering taking over NLV. I would assume that if the city was taken over, they would become unincorporated. I would think that their laws would go away.

    Just heard on the radio that the Sheriff has decided he does not want to do it, so it isn't going to happen.
    Actually, there are two possibilities -- one that the SO takes over law enforcement duties of an incorporated municipality, the other that the town become unincorporated.

    If the town remains incorporated, the laws stay in effect. If they go to unincorporated status, there is no town, thus the laws of the former town are vacated -- they no longer exist.

    The Sheriff can say that he doesn't want to do it, but it's not his call (not directly, anyhow -- the county may or may not pay attention). The county may refuse to provide services to an incorporated city, but if they unincorporate, the question becomes moot.

    Also consider that if the county chooses to provide services to an incorporated town, the SO may have different priorities for laws to be enforced, and the city will no longer have direct control. That may or may not be a good thing.

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    I am new to the area; which "stupid city law(s)" are being referred to here?

    Doesn't Nevada state law pre-empt any gun-related NLV ordinances?

    mbogo

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by mbogo470 View Post
    I am new to the area; which "stupid city law(s)" are being referred to here?

    Doesn't Nevada state law pre-empt any gun-related NLV ordinances?

    mbogo
    North Las Vegas Municipal Ordinance 9.32.080 – possession of a dangerous or deadly weapon in vehicle.

    And... North Las Vegas is under the "assumption" that their ordinance was somehow "grandfathered," regardless of NRS 268.418.1 because it was in effect prior to June 13, 1989. Evidently the Nevada AG is in "support" of this "assumption" as are the city fathers.

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    Quote Originally Posted by usmcmustang View Post
    North Las Vegas Municipal Ordinance 9.32.080 – possession of a dangerous or deadly weapon in vehicle.

    And... North Las Vegas is under the "assumption" that their ordinance was somehow "grandfathered," regardless of NRS 268.418.1 because it was in effect prior to June 13, 1989. Evidently the Nevada AG is in "support" of this "assumption" as are the city fathers.
    So, all those people who pass through NLV to get to CCSR are at risk of arrest?

    Has anyone been convicted of violating NLV 9.32.080 while NOT causing other trouble?

    mbogo

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by mbogo470 View Post
    So, all those people who pass through NLV to get to CCSR are at risk of arrest?

    Has anyone been convicted of violating NLV 9.32.080 while NOT causing other trouble?

    mbogo
    Concealed carrying in a vehicle in North Las Vegas is "considered" within the law as long as one is CCW. Their City Ordinance with respect to defining what a "dangerous weapon" IS, disqualifies someone CCWing as violating the City Ordinance of possessing a firearm in a vehicle: "...“The term ‘dangerous or deadly weapons’ includes… any firearm other than (a) one carried pursuant to a valid permit, issued by a duly authorized government authority..." That's from North Las Vegas Municipal Ordinance 9.32.040. The "problem" comes when one is OCing and is further "complicated" if one is OCing and does NOT have a CCW. The North Las Vegas Police Department does not "like" that scenario and will arrest if they stop someone doing just that.

    My son (who OC's all the time but has no CCW permit), was stoped in NLV for a minor traffic violation and before he went to reach for his DL, Reg, Ins, he advised the cop that he was open carrying (had to reach near his firearm to get the documents and didn't want the cop to think he was "going for a gun"). Well, when he advised the cop of his open carrying, cop immediately called for backup, arrested my son, and impounded his car, and took my son to jail... for violating NLV Municipal Ordinance 9.32.080 - dangerous or deadly weapon in vehicle.

    My son plead not guilty to the weapons charge in NLV Muni Court... and the charge was dismissed... so much for "challenging" the law. And... that's the problem - one WILL be arrested and jailed by the NLV cops for violation the City Ordinance but there will never be a "challenge" allowed in their kangaroo, non-record muni court.

    All of this is posted in some detail elsewhere on this forum if anyone is interested.
    There's a couple of threads - "Vehicle OC in North Las Vegas?" and "My Son Was Arrested in North Las Vegas."



    Vehicle OC in North Las Vegas?

    My Son Was Arrested in North Las Vegas


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    Regular Member jdholmes's Avatar
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    I actually heard them talking on the radio about this last week and advising if you are traveling through North Las Vegas that you ensure the firearm is on you and not in a glove hoax or anywhere else but your body and as long as it was that you would be fine.

    Can't remember who it was - a radio host and some lawyer.

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    Regular Member DooFster's Avatar
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    If you're able to somehow find that it'd be awesome!!
    IT is better to have a gun on you and NOT need it, than to need a gun and NOT have it on you...

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    NLV Mayor says NO

    2A
    Last edited by OC-moto450r; 08-02-2012 at 07:43 PM.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by jdholmes View Post
    I actually heard them talking on the radio about this last week and advising if you are traveling through North Las Vegas that you ensure the firearm is on you and not in a glove hoax or anywhere else but your body and as long as it was that you would be fine.

    Can't remember who it was - a radio host and some lawyer.
    That's certainly not the way they "enforced" their ordinance in my son's case. The motor cop who stopped him went "nuts" when my son told him he was open carrying and it resulted in my son's arrest, impound of his car, and 24 hours in the cross bar hotel. That was last May. If "things" have changed since then (my son plead not guilty to the weapon's charge and upon presenting a compelling brief to the court, the prosecution requested dismissal of the charge... and so it was), I haven't heard.

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    Regular Member jdholmes's Avatar
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    I'm sure things vary from case to case...unfortunately like many other organizations globally, police forces do not seem to be entirely consistent in their conduct,

    And of course things may have changed internally in the way they are instructed to handle things - they certainly aren't going to call us up and let us know.

    In any case, I am not sure who the host was, it was my first time listening....it was like 99.5 or something, the station that Rush Limbaugh plays on...basically they were saying if you do happen to have trouble and end up in jail then to call this lawyer and he would have you out before the night was over. Wether that is true or not I of course wouldn't know...but they seemed pretty sure as to how it should be being handled.

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    Quote Originally Posted by mbogo470 View Post
    Doesn't Nevada state law pre-empt any gun-related NLV ordinances?

    mbogo
    Yes, we certainly believe so. See SB-92 (2007): http://www.leg.state.nv.us/Session/7...SB/SB92_EN.pdf

    See Section 4 of SB-92 as enacted:

    Section 5 of chapter 308, Statutes of Nevada 1989, at page 653, is hereby amended to read as follows:Sec. 5. 1. Except as otherwise provide in subsection 2, the provisions of this act apply to ordinances or regulations adopted on or after June 13, 1989.
    2. The provisions of this act, as amended on October 1. 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.

    Unfortunately, several authorities in Clark County disagree.

    And, by the way, here is Sec 5 of chapter 308, statutes of NV 1989, page 653, taken from the law library in the capitol:
    http://www.stillwaterfirearms.org/Do...tatsNV1989.pdf
    Last edited by varminter22; 04-17-2012 at 10:52 PM.

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    So, any arrest made for violating the NLV ordinance is just them breaking chops?

    Can someone sue for false arrest and malicious prosecution?

    mbogo

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by mbogo470 View Post

    Can someone sue for false arrest and malicious prosecution?

    mbogo
    Well... they "arrest" for violation of their city ordinance... one they believe has not been preempted.

    And... if "arrested" and one pleads not guilty, they in all probability will not "prosecute."

    So they are pretty much "in the driver's seat." One can't "go through them" or "around them."

    And whatever the cause of action might turn out to be... it takes $$$ to attempt to take them to task and it seems the NRA, et. al., aren't that interested in the 2nd Amendment when it comes to OPEN CARRYING. They'd just as soon have that little "behavior" go away... far away.
    Last edited by usmcmustang; 04-18-2012 at 03:05 PM.

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