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Thread: Help with laws please

  1. #1
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    Help with laws please

    Disclaimer: I realize none of you are lawyers and even if you were I wouldn't hold you liable for relaying your opinion on a forum. That being said I just had what I consider a bomb dropped on me.

    Me and my better half are trying to foster some kids we love and want to help. We are almost through all the crap they put you through to qualify for a foster care license. Today during what is hopefully our last interview they advised us of NAC 424.600 which reads:

    NAC 424.600  Weapons and ammunition. (NRS 424.020)  Any weapons, such as firearms, air rifles, bows, hunting knives or hunting sling shots, shall be unstrung and unloaded at all times when children are in the home. They shall be stored in locked containers or rooms out of the reach of children or made inoperable. Ammunition and arrows shall be stored in separate locked containers. Weapons shall not be transported in any vehicle in which children are riding unless the weapons are made inoperable and inaccessible.

    [Welfare Div., Req. for Foster Care 108.4, 10-7-88, eff. 1-1-89]
    Does NRS 268.418 or 269.222 preempt this law in any way? I have a CCW now I can't conceal or open carry my weapon in a car? Because we want to foster care some kids we love and cherish? Now we all have to become potential victims? Please help! I had no choice but to agree with this ignorant law and now I can no longer carry a weapon while with the kids. which of course reduces my ability to protect the children and my better half. I'm pissed!

    even having a biometric safe isn't good enough. All weapons must be unloaded and stored seperate of ammo. So my options currently are: keep my guns in condition one status and lose the kids or lock up the weapons and ammo seperately making them usless and not be able to open/conceal carry and keep the kids. this blows monkey balls.
    Last edited by nomidlname; 09-18-2012 at 04:17 PM.

  2. #2
    Regular Member Nevada carrier's Avatar
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    I didn't see a penalty for violation included in the statute nor did it say you would guilty of a misdemeanor or felony of any degree.
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    Re: Help with laws please

    Wow, that does seem to suck. Since both are state level, I don't know if preemption would override or not. I don't think so, since the three preemption statutes target cities, counties, and towns.

    Maybe a CCW would override, since it is a state-sanctioned permission slip. In any case, I feel if this one ever went before the courts, it would ruled unconstitutional under "equal protection".

    I am definitely NAL.

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    Quote Originally Posted by Nevada carrier View Post
    I didn't see a penalty for violation included in the statute nor did it say you would guilty of a misdemeanor or felony of any degree.
    I don't see a penalty either... other than they take the kids away. Your rights or the kids... hell of an option right?

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    Obviously consider the source, but I found this: http://en.wikipedia.org/wiki/Nevada_Revised_Statutes

    The Nevada Revised Statutes (NRS) are all the current codified laws of the State of Nevada. Nevada law consists of the Constitution of Nevada (the state constitution) and Nevada Revised Statutes. The Nevada Supreme Court interprets the law and constitution of Nevada. The Statutes of Nevada are a compilation of all legislation passed by the Nevada Legislature during a particular Legislative Session. The Nevada Administrative Code (NAC) is the codified, administrative regulations of the Executive Branch. The Nevada Register is a compilation of proposed, adopted, emergency and temporary administrative regulations, notices of intent and informational statements. Nevada Supreme Court Opinions are the written decisions of the Nevada Supreme Court.

    I'm not the best at interpretation sometimes, but how exactly does an "administrative regulation of the Executive Branch" affect me?


    Also, when I look up the NRS 424.020 that's named in that NAC, it appears that rule would simply be the rule for when the authorize and license a foster home. It would appear to me that there is no penalty other than not being able to be a foster parent. Me thinks that penalty is still crap and this law needs to go away. Why do I lose my right to readily defend my family just because they're fostered?

  6. #6
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    Quote Originally Posted by Merlin View Post
    ...Since both are state level, I don't know if preemption would override or not....
    Our state's preemption is written this way: 'The Legislature reserves to itself the blah, blah, blah, yadda, yadda, yadda...' This means that not even a state agency or entity can make a rule regarding firearms unless they can get the actual state Legislature to make it a state law.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Too me it looks like it is that way. There may be two loopholes:

    1. "in a county whose population is 100,000 or more, shall adopt regulations.." Don't know if you live in over a 100k pop county.
    2. NRS 424.030 Licensing; regulations. ----------- 4. If a family foster home, a specialized foster home or a group foster home does not meet minimum licensing standards but offers values and advantages to a particular child or children and will not jeopardize the health and safety of the child or children placed therein, the family foster home, specialized foster home or group foster home may be issued a special license, which must be in force for 1 year after the date of issuance and may be renewed annually. No foster children other than those specified on the license may be cared for in the home.

    Otherwise it looks like the penalty is:

    NRS 424.100 Penalty. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

    [Part 5:185:1939; 1931 NCL 1061.04]—(NRS A 1967, 575; 1995, 1789)


    But don't take my word for it. Spend a hundred bucks and ask a lawyer in the know.
    Last edited by drdcup; 09-20-2012 at 01:47 AM.

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    Oh yea, I'll just re-string my compound bow every day (like a kid can even pull a 75# string back). They want it in a gun safe but yet still unloaded?

    They are retards of course...but you know the rules .. so whats the OP question .. the OP does not have the kids.

    My suggestion: don't get foster kids.

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    " unless the weapons are made inoperable and inaccessible."

    When my glock is in a retention holster and concealed it is both inoperable and inaccessible, sure I may be parsing.

    I would just keep it concealed, if you ever have to use it for self defense I doubt any Jury would convict

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    Quote Originally Posted by chrsjhnsn View Post
    " unless the weapons are made inoperable and inaccessible."

    When my glock is in a retention holster and concealed it is both inoperable and inaccessible, sure I may be parsing.

    I would just keep it concealed, if you ever have to use it for self defense I doubt any Jury would convict
    Parsing doesn't help this situation. He needs to know how the law is going to treat this matter. The law has its own dictionary, and those definitions can change from law to law and jurisdiction to jurisdiction.

    He's also not worried about a jury conviction. For starters, there is no penalty for violation since the matter is not a crime. It is simply a matter of not being eligible to be a foster parent.

    It was good this was bumped, though. A letter needs to be written by the concerned, affected individual(s) to those who are sponsoring the latest preemption strengthening bills. This is probably something that could easily be addressed in the bill, and I see no reason why anyone who doesn't support preemption would object.
    Last edited by MAC702; 09-29-2012 at 06:35 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  11. #11
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    Rereading posts #5 and #6 again is the answer. The executive branch is in violation of the state's preemption law. Their code is unenforceable. Now, if you fight it overtly, and they don't like it, you will still not get any kids, they will just put a different reason as to why, if they are even required to have a reason.

    My advice is to completely ignore it. You are NOT in violation. THEY are. If it becomes an issue later, you get to sue in state court and the law is pretty clear on the matter.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    RE: Help with laws please

    This is an excellent matter to get over to Don Turner @ NVFAC. This definitely dovetails with the revised preemption (now with teeth!).
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    Quote Originally Posted by MAC702 View Post
    Our state's preemption is written this way: 'The Legislature reserves to itself the blah, blah, blah, yadda, yadda, yadda...' This means that not even a state agency or entity can make a rule regarding firearms unless they can get the actual state Legislature to make it a state law.
    State agencies are creatures of the legislature .. they only have the power to do what the legislature authorizes. So the question is: did the legislature authorize such power to the agency? Call up your state representative and inquire.

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    Quote Originally Posted by davidmcbeth View Post
    State agencies are creatures of the legislature .. they only have the power to do what the legislature authorizes. So the question is: did the legislature authorize such power to the agency?...
    Here is more text of our preemption law. I should have included the underlined portion last time, as it is extremely relevant, and answers your question:
    Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the blah, blah, blah...
    So without an NRS to back it up, a NAC cannot regulate firearms.
    Last edited by MAC702; 09-30-2012 at 02:05 AM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    ...Call up your state representative and inquire.
    But I disagree with this in general. A lawmaker is not a lawyer. Not only do they need no experience to be elected to be a lawmaker, they have no obligation to understand the already written laws, nor the laws they themselves propose and vote upon.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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