The Big Guy
Regular Member
I am getting ready to send the following to the Henderson City Attorney’s office. There are several ordinances on the books that need to be removed but I think the best shot is to take them on one at a time. I have done some research and it looks like this program is costing the city approximately 150K a year and not a single case can be pointed to that was solved by the use of this ordinance (In 58 years). If this can be removed then Henderson, like Boulder City, would be a registration free zone within Clark County.
Hopefully this one will not take a year to straighten out.
Comments?
TBG
Mr. Zentz
I have some questions regarding the City Ordinance below.
Henderson Municipal code 8.98.030:
It is unlawful for any person to own or have in his possession a gun, pistol, revolver or other firearm capable of being concealed without first having registered it with the chief of police.
(Ord. 67, § 3, 1954)
1. As this is still being enforced as shown by recent arrest records *, when did the City of Henderson stop registering concealable firearms in favor of Clark County registration?
2. As the ordinance clearly states the registration must be with the Chief of Police, and I am told by acting Captain Dane Mattoon that the Henderson Police keep no record of the “Blue Card” registration that they conduct on behalf of the county, that all registrations are forwarded to Metro, under what authority has the Chief abrogated his duty under this ordinance to the county?
3. As there is no means for registering with the Chief of Police as is called out in 8.98.030, how can this ordinance be enforced?
4. Under what authority as an incorporated city can the Henderson Police carry out Clark County registration? You may note that Boulder City has no requirement to register firearms and is therefore exempt under state law. Does Henderson have a code that allows their officers to enforce county ordinances as it does state law? If so, please provide the city code.
5. State preemption provides under SB-92 that a resident of this county who falls under registration will have 72 hours to comply. Those moving here have 60 days. The city was obligated under this provision to amend its ordinances. In addition to the above, how can 8.98.030 be valid as it has no provision for the grace period?
6. Please provide any written agreements between the City and METRO regarding implementation and enforcement of the county ordinance 12.04.110.
12.04.110 - Registration of pistols within seventy-two hours. Any resident of the county receiving title to a pistol, whether by purchase, gift, or any other transfer, and whether from a dealer or from any other person, shall, within seventy-two hours of such receipt, personally appear at the county sheriff's office, together with the pistol, for the purpose of registering the same with the sheriff. It shall be the duty of the sheriff to register the pistol, and he may, and is hereby authorized to cooperate in any manner he sees fit with other law enforcement agencies, and with licensed dealers, relative to registration of pistols, so that efficient registration shall be secured at minimum cost and duplication.
Thank you very much for your anticipated cooperation in answering these questions.
Regards
* Phinney, Darrell Blake, was arrested in Henderson on 05/21/12 for among other things 8.98.030 the Henderson code for unregistered concealable firearms.
* Watkins Iii, Robert Allen, was arrested in Henderson on 04/06/12 for among other things 8098.030 the Henderson code unregistered concealable firearms.
Hopefully this one will not take a year to straighten out.
Comments?
TBG
Mr. Zentz
I have some questions regarding the City Ordinance below.
Henderson Municipal code 8.98.030:
It is unlawful for any person to own or have in his possession a gun, pistol, revolver or other firearm capable of being concealed without first having registered it with the chief of police.
(Ord. 67, § 3, 1954)
1. As this is still being enforced as shown by recent arrest records *, when did the City of Henderson stop registering concealable firearms in favor of Clark County registration?
2. As the ordinance clearly states the registration must be with the Chief of Police, and I am told by acting Captain Dane Mattoon that the Henderson Police keep no record of the “Blue Card” registration that they conduct on behalf of the county, that all registrations are forwarded to Metro, under what authority has the Chief abrogated his duty under this ordinance to the county?
3. As there is no means for registering with the Chief of Police as is called out in 8.98.030, how can this ordinance be enforced?
4. Under what authority as an incorporated city can the Henderson Police carry out Clark County registration? You may note that Boulder City has no requirement to register firearms and is therefore exempt under state law. Does Henderson have a code that allows their officers to enforce county ordinances as it does state law? If so, please provide the city code.
5. State preemption provides under SB-92 that a resident of this county who falls under registration will have 72 hours to comply. Those moving here have 60 days. The city was obligated under this provision to amend its ordinances. In addition to the above, how can 8.98.030 be valid as it has no provision for the grace period?
6. Please provide any written agreements between the City and METRO regarding implementation and enforcement of the county ordinance 12.04.110.
12.04.110 - Registration of pistols within seventy-two hours. Any resident of the county receiving title to a pistol, whether by purchase, gift, or any other transfer, and whether from a dealer or from any other person, shall, within seventy-two hours of such receipt, personally appear at the county sheriff's office, together with the pistol, for the purpose of registering the same with the sheriff. It shall be the duty of the sheriff to register the pistol, and he may, and is hereby authorized to cooperate in any manner he sees fit with other law enforcement agencies, and with licensed dealers, relative to registration of pistols, so that efficient registration shall be secured at minimum cost and duplication.
Thank you very much for your anticipated cooperation in answering these questions.
Regards
* Phinney, Darrell Blake, was arrested in Henderson on 05/21/12 for among other things 8.98.030 the Henderson code for unregistered concealable firearms.
* Watkins Iii, Robert Allen, was arrested in Henderson on 04/06/12 for among other things 8098.030 the Henderson code unregistered concealable firearms.
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