To whom it may concern:
As a resident of Nevada for over 20 years, I enjoy Nevada’s Preemption laws regarding Open Carry of Firearms statewide in my everyday life. It has come to my attention that Clark County Parks are continuing to enforce laws that have long since been preempted, and I was curious about the extent to which these laws are being improperly posted & enforced. If I am open carrying, and my daily travels take me to Sunset Park, for example, what would happen if my paths crossed with a Clark County parks police officer on patrol?
City and state parks have officially recognized state preemption, and have proactively changed signs as well as stopped enforcement of any codes that are negated by NRS 244.364, since any laws restricting firearms are specifically limited to registration of concealable firearms. Furthermore, Clark County 19.04.060 only states the method for adopting rules and regulations by resolution of the County Commissioners. Ref: http://library.municode.com/HTML/162...04.060ESPORURE
– although this is an external website, it is referenced by the official clark county website as the latest official and complete listing of county codes & ordinances.
In this case, grandfathering should not be applicable, since this ordinance was adopted in order to specify the method
in which park rules and regulations are adopted, not the individual rules. This is not the intent of the grandfathered exceptions clause during codification of NRS 244.364, as this Code/Ordinance would not be classified as a "specific statute" as mentioned in State preemption. The only thing that would be effectively grandfathered in would be the method with which Commissioners make park rules, this is specifically and strictly what this statute was written for, as can be seen in the language of the ordinance as well as the title of the code. This ordinance was never intended as an explicit method of firearm control, but is now being used as one in an attempt to get around state preemption illegally. As such, 19.04.060 cannot limit restriction of my firearm any further than state law. Furthermore, S.B. 92 (2009), which amended NRS 244.364, specifically limits further and clarifies language to show its intention is clearly to strip the county’s ability to further restrict firearm usage by limiting these restrictions to only discharge and registration of firearms.
So, on this note, if I were openly carrying my handgun in a secure, holstered fashion at the park, would I be unlawfully detained or arrested in spite of Nevada State Preemption regarding firearm restrictions? As I see that according to State Law NRS 244.364, “no county may infringe upon those rights and powers.”
I look forward to hearing an official response from you regarding this.