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Heard A Rumor... True or False?

jdholmes

Regular Member
Joined
Jan 27, 2011
Messages
488
Location
Henderson, Nevada
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.
 

varminter22

Regular Member
Joined
Dec 19, 2007
Messages
927
Location
Fallon, Nevada, USA
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/74th2007/Bills/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/Docs/General/CH308StatsNV1989.pdf
 
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mbogo470

Regular Member
Joined
Oct 31, 2011
Messages
86
Location
Nevada
So, any arrest made for violating the NLV ordinance is just them breaking chops?

Can someone sue for false arrest and malicious prosecution?

mbogo
 

usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
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.
 
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