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Thread: Clark County, Nevada - Code of Ordinances

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    Clark County, Nevada - Code of Ordinances

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    Last edited by OC-moto450r; 08-02-2012 at 06:21 PM.

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    Regular Member The Big Guy's Avatar
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    It is my understanding that all went away with instant check and preemption. I have bought several hand guns in Henderson with no problem. Paid and walked out.

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

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    Last edited by OC-moto450r; 08-02-2012 at 06:21 PM.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by The Big Guy View Post
    It is my understanding that all went away with instant check and preemption. I have bought several hand guns in Henderson with no problem. Paid and walked out.

    TBG
    That's because you already owned a "registered" handgun... in that case the 72 hour CLARK COUNTY waiting period is waived. Anyone purchasing for the FIRST time does have to wait 72 hours. Preemption or not, gun stores and other establishments selling firearms within Clark County DO require one to wait 72 hours from purchase to delivery IF it is a first-time purchase.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by usmcmustang View Post
    That's because you already owned a "registered" handgun... in that case the 72 hour CLARK COUNTY waiting period is waived. Anyone purchasing for the FIRST time does have to wait 72 hours. Preemption or not, gun stores and other establishments selling firearms within Clark County DO require one to wait 72 hours from purchase to delivery IF it is a first-time purchase.
    I remember asking them at Spurlocks if they needed to see a blue card so I didn't have to wait and he told me that was no longer valid with instant check. Perhaps this is something we need to get an OFFICIAL opinion on. Think I will write the DA about this.

    TBG
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    Regular Member The Big Guy's Avatar
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    My question to the DA's office and their response.

    My question:


    I am confused on something and wonder if the DA’s office can clarify it for me. What is the current law regarding a 72 hour waiting period on the purchase of a handgun in Clark County? Some shops say it still is in force, others have told me that this requirement went away with instant background check and state preemption.

    Regards


    And the answer is:


    Sir,

    Please contact the Las Vegas Metropolitan Police Department in regards to your inquiry. Contact information can be obtained on their webiste at www.lvmpd.com.

    Sincerely,

    Tess Driver
    Executive Assistant
    Clark County District Attorney's Office
    E-Mail: Tess.Driver@ClarkCountyDA.com

    So, Metro here I come.

    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 remember asking them at Spurlocks if they needed to see a blue card so I didn't have to wait and he told me that was no longer valid with instant check. Perhaps this is something we need to get an OFFICIAL opinion on. Think I will write the DA about this.

    TBG
    Here's some more crap to throw into the game...

    If you are talking about the National Instant Criminal Background Check System (NICS)...


    Nevada gun dealers are required to use the state as their Point of Contact rather than go to the FBI’s National Instant Check System directly. http://www.nvrepository.state.nv.us/pos.shtml

    The following was posted on the “Nevada Shooters” forum a year and a half ago… without citation(s)...


    "The County. North Las Vegas, and City of Las Vegas have codes mandating a 72 hour wait if purchaser has never registered a handgun in Clark County.

    Henderson and Boulder City have no such code.

    This was the subject on another board when the Metro Gun Detail tried to force Henderson dealers to comply with the waiting period. They quickly rescinded the attempt when it was pointed out to them that they had no power to enforce the county code in an incorporated city"...
    without citation(s).

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    Last edited by OC-moto450r; 08-02-2012 at 06:22 PM.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by usmcmustang View Post
    Here's some more crap to throw into the game...

    If you are talking about the National Instant Criminal Background Check System (NICS)...


    Nevada gun dealers are required to use the state as their Point of Contact rather than go to the FBI’s National Instant Check System directly. http://www.nvrepository.state.nv.us/pos.shtml

    The following was posted on the “Nevada Shooters” forum a year and a half ago… without citation(s)...


    "The County. North Las Vegas, and City of Las Vegas have codes mandating a 72 hour wait if purchaser has never registered a handgun in Clark County.

    Henderson and Boulder City have no such code.

    This was the subject on another board when the Metro Gun Detail tried to force Henderson dealers to comply with the waiting period. They quickly rescinded the attempt when it was pointed out to them that they had no power to enforce the county code in an incorporated city"...
    without citation(s).
    I've written Metro PIO, let's see what they say. I would like to know when the County/LV/NLV ordinances were approved as well. Goes to that pesky preemption thing....

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

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    Last edited by OC-moto450r; 08-02-2012 at 06:22 PM.

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    Regular Member The Big Guy's Avatar
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    Response from PIO

    Dear Mr. (spelled my name wrong),
    For information please contact LVMPD Firearms Detail at 702-828-3855.

    Thank you,

    LVMPD
    Office of Public Information
    3141 Sunrise Ave.
    Las Vegas, NV 89101
    Office: 702-828-3394
    Fax: 702-828-1550
    www.LVMPD.com
    Join the Force
    Follow LVMPD on twitter!
    Check us out on Facebook

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

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    I included the dates in my cites of the ordinances. See the quotes in post #1(CC) and #8(CofLV)
    I'm not really sure how to decode them but I see dates of 2007+ which no matter how you look at it they would be invalid under preemption.
    Set me straight on this.

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

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    Regular Member DocWalker's Avatar
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    Quote Originally Posted by The Big Guy View Post
    Dear Mr. (spelled my name wrong),
    For information please contact LVMPD Firearms Detail at 702-828-3855.

    Thank you,

    LVMPD
    Office of Public Information
    3141 Sunrise Ave.
    Las Vegas, NV 89101
    Office: 702-828-3394
    Fax: 702-828-1550
    www.LVMPD.com
    Join the Force
    Follow LVMPD on twitter!
    Check us out on Facebook

    ma
    It almost sounds like a hot potato that the DA and Metro don't want to deal with....Maybe they know that the 72 hour waiting period is crap and that it goes against premption. Maybe they don't want to be the ones to have to defend it in court.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    I included the dates in my cites of the ordinances. See the quotes in post #1(CC) and #8(CofLV)
    And they ARE pre 1989...

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    Last edited by OC-moto450r; 08-02-2012 at 06:22 PM.

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    Last edited by OC-moto450r; 08-02-2012 at 06:22 PM.

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    Regular Member jdholmes's Avatar
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    The info on the las Vegas gun show website appears to be confused as well...they seem to imply on one hand that there is no wait, but then if you read further they imply that a 3 day wait is required on the first permit purchase? Whatever they seem to think a permit is...I am assuming they mean on your first hand gun registration...http://www.lasvegasgunshow.com/nvregs.htm

    Their text:

    """"""Nevada

    CCW Law (NV ALS 713) - Yes; "shall-issue"

    Juvenile Possession Law (NV §202.300) - Yes

    Juvenile Sale/Transfer Law (NV §202.310) - Yes

    CAP Law (NV §902.300) - Yes

    Gun-Free Schools Law (NV §202.265) - Yes

    Preemption Law (NV §244-364) - Yes

    Record of Sale Law - None

    Registration Law - None

    Licensing/Permit to Purchase Law - None

    Waiting Period for Handgun Purchase - None

    Secondary/Private Sales Law - None

    State Ban on Saturday Night Specials - None

    State Ban on Assault Weapons - None

    One-Gun-A-Month Law - None


    A synopsis of state laws on purchase, possession and carrying of firearms. (As of June, 1997)

    PLEASE NOTE: In addition to state laws, the purchase sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearms Owners’ Protection Act. Also, cities and localities may have their own firearm ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances—Firearms, available from the U.S. Government Printing Office, Washington, D.C. 20402.

    QUICK REFERENCE CHART




    Rifles and Shotguns

    Handguns

    Permit to Purchase
    No

    Yes*

    Registration of Firearms
    No

    No

    Licensing of Owners
    No

    No

    Permit to Carry
    No

    Yes**

    ** A permit is required to carry a concealed firearm.

    * 3 day wait on first permit application."""""

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    Regular Member Dodoandduck's Avatar
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    Thumbs up

    I made my first handgun purchase/registration at Spurlock's in Henderson. I filled out the paperwork on a computer, they made a phone call for the background, I paid and out the door with my new Ruger. Coming from california I was very happy with how easy it was. None of the bs waiting crap like out there. Been back a few times since. Lock and Load in Henderson was a good experiance too.

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    Regular Member usmcmustang's Avatar
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    NRS 244.364…


    3. If a board of county commissioners in a county whose population is 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the board of county commissioners shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the county before registration of such a firearm is required.
    (b) A period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    NRS 268.418…


    3. If the governing body of a city in a county whose population is 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.
    (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    So, we know the County had pre June 13, 1989 registration ordinance(s), and those ordinance(s) have since been amended and hence require the 72 hour waiting period.

    Now, did the cities of North Las Vegas, Henderson, Boulder, and Mesquite also have pre June 13, 1989 registration ordinance(s)? If so, those too would necessarily have had to be amended to require the 72 hour waiting period.

    Note that the "72 hours for the registration" is only for residents of the County or City, as the case may be. Which means, I guess a person who is neither a resident of the County or an incorporated city within the county can come into the County or city and purchase a pistol without the "72 hours for the registration."

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    Last edited by OC-moto450r; 08-02-2012 at 06:23 PM.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    Thanks usmcmustang
    I should have included the city of Las Vegas in the paragraph... "Now, did the cities of North Las Vegas, Henderson, Boulder, and Mesquite also have pre June 13, 1989 registration ordinance(s)? If so, those too would necessarily have had to be amended to require the 72 hour waiting period."

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by usmcmustang View Post
    NRS 244.364…


    3. If a board of county commissioners in a county whose population is 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the board of county commissioners shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the county before registration of such a firearm is required.
    (b) A period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    NRS 268.418…


    3. If the governing body of a city in a county whose population is 700,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.
    (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    So, we know the County had pre June 13, 1989 registration ordinance(s), and those ordinance(s) have since been amended and hence require the 72 hour waiting period.

    Now, did the cities of North Las Vegas, Henderson, Boulder, and Mesquite also have pre June 13, 1989 registration ordinance(s)? If so, those too would necessarily have had to be amended to require the 72 hour waiting period.

    Note that the "72 hours for the registration" is only for residents of the County or City, as the case may be. Which means, I guess a person who is neither a resident of the County or an incorporated city within the county can come into the County or city and purchase a pistol without the "72 hours for the registration."
    This is not refering to a waiting period. The 72 hours it is talking about is how long you have to get your "Blue Card" in Clark County after taking posession of the handgun.

    Also I'm wondering, assuming the County is correct about still being gradfathered, do they have the right to ammend an exiting ordinance or if the mere act of amending after 2007 is preempted?

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

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    Last edited by OC-moto450r; 08-02-2012 at 06:23 PM.

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    Last edited by OC-moto450r; 08-02-2012 at 06:23 PM.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    Wait a minute..... 12.04.090 does not give relief to non residents when it comes to the cooling off period. It only relieves the registration requirements.
    You are correct sir...

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

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