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Thread: More Library issues

  1. #1
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    More Library issues

    This is from a thread on the other forum. The letter is almost identical to the one I got a while back. They need to understand the NRS is CC only and the preemption.

    September 25, 2012

    Russell Duren
    [address]
    [address]

    Dear Mr. Duren:
    Your letter dated September 12, 2012 was referred to me as I oversee public services for the Library District. Unfortunately, I cannot accommodate your request to carry your concealed handgun into any of our library branches. It is the Library District's practice that the Library Rules of Conduct, which states that firearms are prohibited as outlined in NRS 202.3673, be administered fairly and equally to all patrons visiting our facilities.

    In regards to the open carry of your weapon, the Library District also prohibits this under NRS 370.040. The statute grants the Library District the authority to implement those regulations it deems reasonable and weighing the District's concerns of public safety versus an individual's right to bring a firearm into the library, the District implemented this reasonable restriction.

    Thank you for your patronage of the Rainbow Library. I hope you understand the basis for the policy and continue to visit the library, even if you will be restricted from carrying a weapon when doing so

    Sincerely yours,
    [signature]
    Robb. L. Morss
    Deputy Director, COO
    Las Vegas-Clark County Library District
    7060 W. Windmill Lane
    Las Vegas, NV 89113

    Cc: S. Rice, General Services Director

  2. #2
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    I say we hold a informal informational meeting at the library. I will pay the rental fee for one hour. It is 60 bucks. Here is the link to the rules and regs.


    http://www.lvccld.org/cardsservices/...ion_policy.cfm

  3. #3
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    Quote Originally Posted by Vegassteve View Post
    This is from a thread on the other forum. The letter is almost identical to the one I got a while back. They need to understand the NRS is CC only and the preemption.

    September 25, 2012

    Russell Duren
    [address]
    [address]

    Dear Mr. Duren:
    Your letter dated September 12, 2012 was referred to me as I oversee public services for the Library District. Unfortunately, I cannot accommodate your request to carry your concealed handgun into any of our library branches. It is the Library District's practice that the Library Rules of Conduct, which states that firearms are prohibited as outlined in NRS 202.3673, be administered fairly and equally to all patrons visiting our facilities.

    In regards to the open carry of your weapon, the Library District also prohibits this under NRS 370.040. The statute grants the Library District the authority to implement those regulations it deems reasonable and weighing the District's concerns of public safety versus an individual's right to bring a firearm into the library, the District implemented this reasonable restriction.

    Thank you for your patronage of the Rainbow Library. I hope you understand the basis for the policy and continue to visit the library, even if you will be restricted from carrying a weapon when doing so

    Sincerely yours,
    [signature]
    Robb. L. Morss
    Deputy Director, COO
    Las Vegas-Clark County Library District
    7060 W. Windmill Lane
    Las Vegas, NV 89113

    Cc: S. Rice, General Services Director
    The letter was correct as to concealed carry under NRS 202.3673. However it appears Mr. Morss' cite to NRS 370.040 as to making regulations banning open carry was in error. NRS 370.040 doesn't exist. He evidently meant to cite NRS 379.040, which reads:

    NRS 379.040 Library to be free and accessible to public; regulations of trustees. The library and reading room of any consolidated, county, district or town library must forever be and remain free and accessible to the public, subject to such reasonable regulations as the trustees of the library may adopt.

    [4:187:1925; NCL 5598]—(NRS A 1967, 1061; 1985, 10)
    Even if banning OC under this NRS is allowed by law, it only appears that this is an administrative regulation which has no punitive teeth; the most they can do is ask you to leave and if you don't they can trespass you. Whereas, a violation of NRS 202.3673 is a criminal statue, subjecting the violator to criminal charge on that statue alone.

    The library's position seems to be that NRS 379.040 gives them complete discretion to make any regulation it "deems" to be reasonable, rather than only to enact regulations that are, in fact, reasonable. If the library is preempted by State law from making any regulation relating to firearms possession and transport then should the library adopt a regulation banning firearms carry in the library that regulation would, in fact, be unreasonable, no matter if the trustees "deemed" it a reasonable regulation.

    Had the legislature intended to give the library trustees control over firearms possession it would have done so in the preemption statute itself, or it would have enacted a law specifically barring OC in the libraries, as it did with CC under NRS 202.3673. In my opinion, for what it is worth, the library system cannot claim for itself the authority to make regulations in areas where the State has preemption unless the legislature specifically grants the library system that authority, which it has not done with regard to OC.
    Last edited by ed2276; 09-28-2012 at 05:31 AM.

  4. #4
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    Re: More Library issues

    Clearly preemption trumps here, and they are refusing to recognize it.

    Sent from my Xoom using Tapatalk 2
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    Carry On

  5. #5
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    Quote Originally Posted by Merlin View Post
    Clearly preemption trumps here, and they are refusing to recognize it.
    You guys down there need to hire some librarians with better reading comprehension skills.

  6. #6
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    Quote Originally Posted by ed2276 View Post
    NRS 370.040 doesn't exist. He evidently meant to cite NRS 379.040, which reads:



    .
    And a completely different person who wrote the letter back to me made the same error. That old NRS had to do with tobacco I think.

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    Quote Originally Posted by Vegassteve View Post
    And a completely different person who wrote the letter back to me made the same error. That old NRS had to do with tobacco I think.
    You are right. It was under tobacco taxation. That particular NRS, whatever it was, was repealed in 1992.

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