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Thread: John Ralston and sheriff tonite sent a note. ralston is a idiot it seems.

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    John Ralston and sheriff tonite sent a note. ralston is a idiot it seems.

    Sent this to him.

    Please ask him how many crimes have been solved by the GunBlue Card. How much money and man power does it cost the taxpayers? Why will he not release any of this info?


    Got this reply

    It's a state law. Call a legislator.


    email him at Jon Ralston <ralstonflash@gmail.com>

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by Vegassteve View Post
    Sent this to him.

    Please ask him how many crimes have been solved by the GunBlue Card. How much money and man power does it cost the taxpayers? Why will he not release any of this info?


    Got this reply

    It's a state law. Call a legislator.


    email him at Jon Ralston <ralstonflash@gmail.com>

    It is a state law as it was codified under pre-emption. That makes it a violation of the US Constitution under equal protection in that the citizens of Clark County have been singled out to have fewer rights than the citizens of the rest of the state by our State Legislature. I think this would be the perfect case for the NRA to pick up and take to court on our behalf. Anone who has had to register would be a qualified litigant. I'm thinking it would be much easier to win this way than fighting it though the legislature. Just my opinion.

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

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    Quote Originally Posted by The Big Guy View Post
    It is a state law as it was codified under pre-emption. That makes it a violation of the US Constitution under equal protection in that the citizens of Clark County have been singled out to have fewer rights than the citizens of the rest of the state by our State Legislature. I think this would be the perfect case for the NRA to pick up and take to court on our behalf. Anone who has had to register would be a qualified litigant. I'm thinking it would be much easier to win this way than fighting it though the legislature. Just my opinion.

    TBG
    Only in that the state law allowed it, not that it must be done. Clark has kept it on the books because they want to not because they are forced to by state law.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by Vegassteve View Post
    Only in that the state law allowed it, not that it must be done. Clark has kept it on the books because they want to not because they are forced to by state law.
    I hear what you're saying but I still think it would fly. State law has pre-empted the choice from every other County and locality. So they have made Clark County government superior to all the other counties within Nevada by giving it the sole exemption and by so doing deniing the residents of Clark County the same rights as the citizens of the rest of the state.

    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 07:29 PM.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    I agree totally. The media doesn't get it. About a year ago, I heard another news program report the same thing; "...as required by State Law." Registration is a County ordinance not a NRS.

    Ralston is another misinformed journalist.
    Ralston's reply is and is not accurate. Of course, it is not a state law that requires registration, but it is a state law that allows Clark County to require registration. So, Ralston is right when he says "It's a state law."

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    Last edited by OC-moto450r; 08-02-2012 at 07:29 PM.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    However; To vegassteve's questions, (and the letter in another thread) the acountablity of the effectiveness of this county ordinance is squarely on the county/sheriff. So to blow it off to the State level is a cop-out by Ralston.

    And Ralston is not right. He said "It's State law".
    According to vegassteve...

    "Got this reply

    It's a state law. Call a legislator."

    And, whether the "scheme" has been effective or not, "the State" has authorized Clark County (and it's Sheriff) to register firearms according to the scheme. Not trying to argue any point here, but ultimately it will be "the State" that rectifies this sad state of affairs by amending the statute, not by Clark County (or it's Sheriff) somehow "letting go." That ain't gonna happen. The law DOES need to be changed and that's the "call a legislator" part of the response.

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    Last edited by OC-moto450r; 08-02-2012 at 07:28 PM.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    Agreed, it ain't gonna just happen and the NRS needs to be changed. But at the same time, the media and most Nevadans believe it is a State law so the poor 'ol Sheriff gets a pass because, you know, "He's just enforces the laws."
    Yeah, I hear you. Even that NLV Police Officer who stopped TL for no helmet "informed" her that firearm registration was a Nevada State law. Ignorance reigns supreme !!!!!! So, what should we do... hire a pilot and plane (or drone ;-) and drop leaflets all over Clark County?

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by OC-moto450r View Post
    Agreed, it ain't gonna just happen and the NRS needs to be changed. But at the same time, the media and most Nevadans believe it is a State law so the poor 'ol Sheriff gets a pass because, you know, "He's just enforces the laws."
    It is state law. It was codified by the state by exempting it from the law that applies to all other counties.
    Any way you look at it, there are several paths that can, and should be taken to eliminate it. Try to "reason" with local authorities to get it changed. Ballet initiative. Court action. State legislature. All are worth a try and the more avenues the better.

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

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    Ralston's reply:
    It's a state law. Call a legislator.
    infuriates me.

    As others here have pointed out, Clark County's handgun registration scheme is NOT state law.

    State law merely allows the Clark County ordinance to stand (in view of more current preemption law.)

    The handgun registration scheme is a Clark County ordinance.

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    A Class action lawsuit? I wonder how big the class is.... anyone want to put some heads together? come up with a plan?

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by varminter22 View Post
    Ralston's reply: infuriates me.

    As others here have pointed out, Clark County's handgun registration scheme is NOT state law.

    State law merely allows the Clark County ordinance to stand (in view of more current preemption law.)

    The handgun registration scheme is a Clark County ordinance.
    Infuriated or not... it IS the STATE LAW that allows Clark County to have such an ordinance, is it not? Without such a STATE LAW, there would not be/could not be the Clark County ordinance... plain and simple. Repeal that portion of the STATE LAW that allows such a county ordinance and the county ordinance is rendered null and void... or, as has been suggested, muster a court challenge of that portion of the STATE LAW that violates the 4th Amendment's equal protection clause for all citizens of the state of Nevada. But make no mistake... "It is a state law," just as Ralston has said. I'm not a fan of his, but I think his response is not all that "infuriating." Seems to me it makes more sense in the long run to have the state legislature or the state supreme court put the "death dagger" in this entire issue rather than to just "harp" on Clark County to rescind their ordinance.
    Last edited by usmcmustang; 05-15-2012 at 08:53 PM.

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    Quote Originally Posted by DON`T TREAD ON ME View Post
    A Class action lawsuit? I wonder how big the class is.... anyone want to put some heads together? come up with a plan?
    Fourteenth Amendment violation for everyone who has or has had a blue card? Seems that number could be in the 10s of thousands, no? But who's the defendant?... Clark County (they have the ordinance) or the state of Nevada (they set up the "scheme" for Clark County to have such an ordinance), or both? Time and place to meet?
    Last edited by usmcmustang; 05-16-2012 at 08:26 PM.

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    Quote Originally Posted by usmcmustang View Post
    Infuriated or not... it IS the STATE LAW that allows Clark County to have such an ordinance, is it not? Without such a STATE LAW, there would not be/could not be the Clark County ordinance... plain and simple. Repeal that portion of the STATE LAW that allows such a county ordinance and the county ordinance is rendered null and void... or, as has been suggested, muster a court challenge of that portion of the STATE LAW that violates the 4th Amendment's equal protection clause for all citizens of the state of Nevada. But make no mistake... "It is a state law," just as Ralston has said. I'm not a fan of his, but I think his response is not all that "infuriating." Seems to me it makes more sense in the long run to have the state legislature or the state supreme court put the "death dagger" in this entire issue rather than to just "harp" on Clark County to rescind their ordinance.
    I think your point is: It is true that IF the legislature had not grandfathered (allowed to stand) the Clark Count handgun registration ordinance, then yes, state preemption would negate/void it.

    However, as Steve pointed out, the state law does NOT dictate there must be a handgun registration ordinance in Clark County. The law merely allows the ordinance to stand in wake of state preemption.

    So, in view of that, it seems to me that Ralston's statement, "It's a state law" is ridiculous. It sure seems to me that Ralston thinks Clark County's handgun registration ordinance is required by state law - and that simply is not true.

    At any rate, I think we all agree that the "grandfather" clause in the law must be repealed - since it the Clark County Commissioners apparently will never do it.

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by varminter22 View Post

    At any rate, I think we all agree that the "grandfather" clause in the law must be repealed - since it the Clark County Commissioners apparently will never do it.
    Yep... and yep !!!

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    Quote Originally Posted by The Big Guy View Post
    It is state law. It was codified by the state by exempting it from the law that applies to all other counties.
    Any way you look at it, there are several paths that can, and should be taken to eliminate it. Try to "reason" with local authorities to get it changed. Ballet initiative. Court action. State legislature. All are worth a try and the more avenues the better.

    TBG
    NO, the preemption exemption is state law. Registration isn't. Clark County could rescind their statute without requiring state law to change.

    Cite to authority; i.e., make a direct reference to the code you feel makes it into state law as opposed to county law.
    Last edited by wrightme; 05-16-2012 at 08:59 AM.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by wrightme View Post
    ...Clark County could rescind their statute without requiring state law to change.
    Yes, of course they could. And sometime down the road they could come up with another County ordinance of the same or similar requirements, no? It is the STATE law that allows the County to have this ordinance. Without the preemption exception IN the STATE law, there would be NO County ordinance. It's kinda the chicken and the egg thing, but how about let's kill the chicken so we know there won't be any more eggs being laid.

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    Quote Originally Posted by usmcmustang View Post
    Yes, of course they could. And sometime down the road they could come up with another County ordinance of the same or similar requirements, no? It is the STATE law that allows the County to have this ordinance. Without the preemption exception IN the STATE law, there would be NO County ordinance. It's kinda the chicken and the egg thing, but how about let's kill the chicken so we know there won't be any more eggs being laid.
    State law didn't create the code. The County did.

    As to the state killing the chicken, that didn't work for other places such as NLV, did it?


    The proper place to address it is locally. That is likely to be ineffective.

    The effective place to address it is likely to be the state, as the county appears to not desire to give up their codes voluntarily.


    That doesn't conflate to 'its a state law.'
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by wrightme View Post
    As to the state killing the chicken, that didn't work for other places such as NLV, did it?

    Well, the "chicken" became a zombie... walking dead... because whatever the state actually did is still very much in question and that is why such "places as NLV" still hold on to their ordinances. Such a situation as we have also needs to be "fixed" and "fixed" totally and unequivocally by the STATE.

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    It's not a state law, it's a loophole in state law.


    (Language is a weapon!)

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by Yard Sale View Post
    (Language is a weapon!)
    That is for sure !!!!! And there are occasions when one doesn't even know or realize the "weapon" is being deployed.

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    For a reporter to be so ignorant is the equivalent of a restaurant inspector not noticing that the soup is made from dishwater.

    If he gets such a simple fact wrong, what makes anything else that he writes believable?

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    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by Yard Sale View Post
    It's not a state law, it's a loophole in state law.
    You are absolutely correct and I wouldn’t argue any differently. However, the STATE certainly created the nutrient rich environment by which the County was allowed to spawn its ordinance. Now that it has been “allowed” to require the registration of firearms, why would it want to do otherwise? I thoroughly understand taking a position that calls into question the cost and crime reduction efficiency of the ordinance, but as an analogy, that same position hasn’t had much affect on curtailing the DUI checkpoints within Clark County. For it’s a known fact that the resources and methods used for DUI checkpoints catch far less drunk drivers than would normal patrolling during the same time period. It’s not about the efficient use of resources; it’s about the perception of what those resources are accomplishing, be it DUI checkpoints or firearm registration… both a “good” thing in the eyes of many, no matter the “waste” of resources.
    Okay… I’m done here. I’ll just leave with this final thought… the State Legislators obviously wanted Clark County to be allowed to have a firearm registration ordinance. I don’t think that point can be argued. They certainly didn’t believe the County would be so benevolent as to NOT have one, considering the history and all. I’m of the opinion then that the “attack” on this ordinance should be at the state level, not with the County Commissioners. But… that’s just my opinion and others will differ.

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