• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Calling all gun owning foster/adoptive parents in Nevada

h2ojunkie

Regular Member
Joined
Sep 8, 2007
Messages
37
Location
, ,
I'm looking for fellow firearm owners that currently are or have been foster and/or adoptive parents to speak out at public workshop regarding firearm regulations you must abide by to be a foster/adoptive parent in Nevada.

The current regulations governing foster/adoptive licenses in Nevada does not prevent firearm ownership, however they do prevent the prevent the use of a firearm for self defense in the home, and place unreasonable requirements on carrying for self defense outside the home.

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]

The problem with the code as is, the intent is to keep loaded firearms out of the reach of children (that's good) but like everything in government it's not exactly safe or logical in it's current form (that's bad).

The regulation as written does not allow you to keep a loaded firearm for home defense even if it's kept in a bedside gun vault. And while the current regulation as written does not prohibit CCW carry, it does required that every time you get in and out of the car you unload your weapon and make it inoperable. Not very safe or logical to be loading/unloading a firearm every time you get in and out of a vehicle.

Nevada is currently in the process of amending this code for the first time since 1989, and there is a public workshop scheduled for Monday December 16h. This exact NAC regulation is one that will be discussed since they are intending to add an exemption to allow police officers to carry their weapon in the presence of children when on duty.

http://www.dcfs.state.nv.us/DCFS_GoogleCalendar.htm

I'm trying to find any Nevada residents that currently are a foster parent, have been one in the past, or considered being one that would attend the public hearing to speak up about modifying this regulation.

Personally, I'd like to see the regulation written to allow firearms to be locked in a bedside gun vault loaded and add an exception for CCW. (something like firearms must be stored in a locked safe at all time when they are not physically carried on your person)

Most people I know just sign off and "agree" the the NAC and then they store and carry their weapon how they see fit. (a sort of unofficial don't ask, don't tell policy). However, I won't do that. I'm not willing to risk a child being placed in my home, finally having a stable place to live and then being pulled away because someone decides one day they don't like that I carry. It's not fair to that child.

The best outcome is to amend this NAC to something that keeps guns out of the reach of children while still allowing for personal defense use. Some minor common sense changes to the regulation can do that.

The Nevada Firearms Coalition is involved and will be present at the workshop. It's a chance to get on the record about the issue and start a dialogue to affect change.

Anyone that is interested in attending, please send me a PM with your contact or I can send you mine.
 

h2ojunkie

Regular Member
Joined
Sep 8, 2007
Messages
37
Location
, ,
With only 2 days left before the April 15th public comment deadline, support to change the regulation that keeps law abiding gun owners from providing a home for foster/adoptive children in need continues to grow.

Much to our surprise, Channel 8 sent a news crew to cover our story at the public hearing Friday. Click here for video and the article from Channel 8.
http://www.8newsnow.com/story/25228...ices-looking-at-new-rules-for-foster-families

On April 8th, Michele Fiore spoke about this issue with Eye on Nevada Politics radio as well. The audio from the radio show can be heard at the following link (coverage starts at the 4:48 mark of the audio file).
http://audio.vegasallnetradio.com/EONP/EONP2014-04-08.mp3

This is our last chance to make a difference, and tell the Department of Child and Family Services they can no longer deny foster parents the right to protect their home and family.

I ask that everyone who supports lawful gun ownership, and wants to help these children in need find a loving home make one last show of support by re-sharing this petition with your friends, family, facebook, twitter, etc.

http://www.change.org/petitions/help-nevada-foster-parents-protect-their-home-and-family
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
The regulation is a complete violation of state preemption, as is your recommendation for required lockup or a CCW exemption. Period.

It's crystal clear. Any compromises are illegal.

I realize they have you by the heartstrings, and a lawsuit doesn't help you with child custody today.
 

z28power

Regular Member
Joined
Mar 4, 2014
Messages
142
Location
Las Vegas
The regulation is a complete violation of state preemption, as is your recommendation for required lockup or a CCW exemption. Period.

It's crystal clear. Any compromises are illegal.

I realize they have you by the heartstrings, and a lawsuit doesn't help you with child custody today.

Correct me if I'm wrong, but this isn't technically state preemption, as preemption simply doesn't allow county, local, or town ordinances that contradict state laws.

This is a State law though, so it is allowed, right? They have reserved the right of preemption to themselves, which they are exercising with this statute.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Correct me if I'm wrong, but this isn't technically state preemption, as preemption simply doesn't allow county, local, or town ordinances that contradict state laws.

This is a State law though, so it is allowed, right? They have reserved the right of preemption to themselves, which they are exercising with this statute.

In some states, you would be correct, but Nevada's preemption is far stronger. It states: "that the legislature reserves to itself the right to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and that no county, city or town respectively may infringe upon these rights. ..."

So it not only affects local governments, but also any state agency that is not the elected Legislature. Only a Nevada Revised Statute (a law passed by the Legislature and signed by the Governor) can affect possession of firearms. A state agency (which can make Nevada Administrative Codes) is just as preempted as a city town council.
 
Last edited:

z28power

Regular Member
Joined
Mar 4, 2014
Messages
142
Location
Las Vegas
In some states, you would be correct, but Nevada's preemption is far stronger. It states: "that the legislature reserves to itself the right to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and that no county, city or town respectively may infringe upon these rights. ..."

So it not only affects local governments, but also any state agency that is not the elected Legislature. Only a Nevada Revised Statute (a law passed by the Legislature and signed by the Governor) can affect possession of firearms. A state agency (which can make Nevada Administrative Codes) is just as preempted as a city town council.

I must have skimmed over the part where this was an NAC instead of an NRS - thanks for the clarification.

Unfortunately they really have somebody that wants to adopt or foster children by the tail, as these people are in a position to deny a parent, even if unlawful to do so, without worry or recourse until somebody has standing to press the issue legally. In this case, it would be a long battle that most people aren't willing to fight :( It's worth trying to petition them to change the NAC in this manner first if it is easier... isn't it? :)
 

adric22

New member
Joined
Jul 18, 2011
Messages
9
Location
Ft.Worth, TX
I was a foster parent in Texas. We had a similar requirement about guns being unloaded and ammo stored in a separate locked safe with separate keys. I was able to get around some of this problem by buying two identical bio-metric safes and programming different fingers as keys. I asked our CPS agent about it and they said that should meet the requirements of the law. So all I had to do was swipe my left and right fingers simultaneously on each safe. One safe had loaded magazines and the other had the gun. This made a dramatic difference in the time needed not only for daily arming for concealed carry, but also should an intruder be trying to break in at night.
 

Craftymommy

Regular Member
Joined
Mar 15, 2014
Messages
172
Location
Nevada
I signed this not too long ago. I hope it can get changed. Husband and I both OC and he is waiting on his ccw to come in the mail. We have discussed adopting in the future(third boy in the making right now) if we want more but this would definitely deter us from doing so:(
 

h2ojunkie

Regular Member
Joined
Sep 8, 2007
Messages
37
Location
, ,
Interim Legislative Commission to vote on Monday June 23rd.

In spite of your overwhelming support, the request for a rule change has fallen on mostly deaf ears of the un-elected officials at The Division of Child and Family Services. DCFS continues to insist everyone who is not a member of law enforcement remains defenseless - UNLESS WE ACT NOW!

On June 23rd, DCFS will present their proposed new regulation to keep foster parents defenseless to the Interim Legislative Commission for approval. This is our last chance to block it, and demand all law abiding citizens (not only members of law enforcement) be allowed to protect their homes and families.

Please call, e-mail or write the members of the Interim Legislative Commission and politely voice your opposition to the rule changes. Ask the members to vote against the regulation changes in LCB No. R110-13.

Please forward this Alert to friends and like-minded people.

If you can, please attend the meeting to peacefully and politely show your opposition to the rule changes.

Carson City: Legislative Bldg., Rm. 3137
401 S. Carson St.

Las Vegas: Grant Sawyer Bldg., Rm. 4401
555 E. Washington Ave.

Contact information for Commission members
http://goo.gl/255edu
 

DVC

Regular Member
Joined
May 12, 2010
Messages
1,185
Location
City? Who wants to live in a CITY?, Nevada, USA
In spite of your overwhelming support, the request for a rule change has fallen on mostly deaf ears of the un-elected officials at The Division of Child and Family Services.

Someone should go to the meeting and ask how many excess foster parents are on the rolls. Obviously they have so many that they're using this as a way to get people to stop becoming foster parents.
 

h2ojunkie

Regular Member
Joined
Sep 8, 2007
Messages
37
Location
, ,
Someone should go to the meeting and ask how many excess foster parents are on the rolls. Obviously they have so many that they're using this as a way to get people to stop becoming foster parents.
it's exactly the opposite. they have a massive shortage of foster parents. but they still seem to believe these kids are better off in a state run group home than with gun owning foster parents.





Sent from my SGH-T999 using Tapatalk
 

Felid`Maximus

Activist Member
Joined
Nov 12, 2007
Messages
1,714
Location
Reno, Nevada, USA
In spite of your overwhelming support, the request for a rule change has fallen on mostly deaf ears of the un-elected officials at The Division of Child and Family Services. DCFS continues to insist everyone who is not a member of law enforcement remains defenseless - UNLESS WE ACT NOW!
...
If you can, please attend the meeting to peacefully and politely show your opposition to the rule changes.

Carson City: Legislative Bldg., Rm. 3137
401 S. Carson St.

Las Vegas: Grant Sawyer Bldg., Rm. 4401
555 E. Washington Ave.

Contact information for Commission members
http://goo.gl/255edu

I went, said my two sentences.

Thanks to the efforts of those who kept the pressure on, the Interim Legislative Commission basically told DFCS to start over again. Settelmeyer suggested they add CCW holder as well as cop to the list of people that could carry in a holster if it is otherwise stored, and then propose a new regulation to the commission. The recommendation isn't as great as telling them to get off the legislature's back and repeal their illegal regulation, but it looks like a step forward will be coming in any case.
 

h2ojunkie

Regular Member
Joined
Sep 8, 2007
Messages
37
Location
, ,
It is certainly a step forward, even if not a solution.

Thanks to everyone that spoke out we blocked DCFS from making a bad regulation worse. If not for everyone's involvement this would have quietly passed today and no one would be the wiser.

We have also gained enough attention that I already have comitment from a legislator that a bill will be presented durning the next legislative session to hopefully fix this once and for all.

We may not yet have a resolution, but at least we live to fight another day. And that is something to celebrate.

Sent from my SGH-T999 using Tapatalk
 
Last edited:

Maverick9

Regular Member
Joined
Apr 7, 2013
Messages
1,404
Location
Mid-atlantic
This sounds like the typical solution in search of a problem. I think the DV that foster kids face are more varied, like beatings, starvation, neglect. Is there really a bunch of foster families being prevented from gun battles in the home or car? I doubt it.

And, since two bio safes satisfy the 'rule' and we all know those can be opened by a 10 year old with a big screwdriver or mini-crowbar, what's the point?

Further the dimwit authoring such a law is so unfamiliar with gun handling that they incorporate a lot of excessive gun handling, and commence to writing a law that you really can't follow. If you're in the car you're breaking the law, if you're stepping in you're breaking it and if you're out you probably run afoul of brandishing rules.

Sheesh.
 

varminter22

Regular Member
Joined
Dec 19, 2007
Messages
927
Location
Fallon, Nevada, USA
URGENT GUN RIGHTS ALERT

from the NEVADA FIREARMS COALITION

Tuesday, June 24th, 2014

Nevada Interim Legislative Commission - Update

Yesterday, the Nevada Interim Legislative Commission heard regulatory changes proposed by the NV Division of Child & Family Services (DCFS) that would have required gun owners and CFP holders to choose between their Second Amendment rights and being foster parents. Thanks to lobbying efforts by the NVFAC and its members leading up to the Commission meeting, DCFS was prepared to withdraw the regulation change in question. Rather than allow the regulations to be withdrawn, which would have left them alive to be quietly voted on again in their current form at a future commission session, State Senator James Settelmeyer (R-Minden) moved to reject them, meaning they would need to be returned in a different form in order to receive legislative consideration. After discussion among the legislators, Sen. Settelmeyer's motion passed unanimously (6 Democrats, 6 Republicans), and had the active support of Assembly Speaker Marilyn Kirkpatrick (D-Las Vegas). The proposed rule changes to which NVFAC objected are now legally dead in their current form.

This is a win for Nevada's gun owners, and will allow NVFAC the opportunity to work with DCFS in revising the regulations if they are so inclined, and to oppose any regulations which infringe on the gun rights of Silver State residents. Please forward to your gun rights contacts and club memberships.

For Freedom

Don Turner, NVFAC


5575 Simmons Street, Suite 1-176
North Las Vegas, NV 89031
www.nvfac.org | info@nvfac.org
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
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]
Clear infringement....sue the SOBs.

But, being a foster parent is not a right.

But, kids have the right to self defense too.

Sue the SOBs.
 
Top