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Governor signs gun bills today

garand_guy

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Joined
Feb 15, 2014
Messages
493
Location
Nevada
Your editor of NevadaCarry.org emailed the Henderson City Council and police department regarding the implementation of the changes SB 175 to city ordinances and police training.

Excerpt from my letter:
Gov. Brian Sandoval, on 6/2/2015, signed into law new provisions regarding firearms regulations. Senate Bills SB 175 (attached) contains language altering existing statutes (NRS 268.418) that govern the ability of local governments to make or enforce local regulations regarding firearms. These new laws, effective immediately, removed the ability of any local entity to make or enforce existing local firearm regulations (excluding unsafe discharge). Local firearm regulations, including those of the city of Henderson, have been declared null and void. All existing laws, regulations, rules, and ordinances are required to be immediately repealed. Firearm registration (in Henderson’s case, handgun registration as administered by the Las Vegas Metropolitan Police Department) has also been abrogated by NRS 268.418. The legislature has required that all firearm registration records be destroyed within one year. I respectfully demand that ordinances 8.98.010, 8.98.020, 8.98.030, 8.98.040 be repealed (though I’m aware they have been superseded by state law), the police department to cease registration of handguns and destroy any Henderson maintained records thereof, and all city law enforcement personnel and volunteers be informed that these ordinances are null and void; therefore being unenforceable.
Rather immediate replies were received from several city officials.

Chief Moers replied: "I appreciate the email. The City of Henderson Police Department will make changes to procedures on all laws that require us to conform with any new law."

Councilwoman Gerri Schroder replied:
"The City Attorney will make changes to city ordinances to comply with all new laws. I'm cc'ing City Attorney Josh Reid to assist with a response on the procedure to change the ordinances to comply with the new laws. Mr. Reid is aware of the change in the law and briefed me on this earlier today.
I appreciate you making sure the City of Henderson complies with all new laws. Please let us know if you have questions."
I was also CC'd by Councilwoman March on her conversation with City Attorney Josh Reid.
"Josh
Will you ensure that our ordinances conform with state law with regards to the recent legislative changes related to firearms? Thank you"
Mr. Reid's reply:
"Yes. We discussed this in our staff meeting last week and have the ordinance to remove the firearm registry in the queue. It takes two Council meetings to pass an ordinance per our Charter. This will most likely be read into title either the first or second Council meeting in July. The registration records are held by the County, and I understand that they are aware of the new law and will comply.
Please let me know if you have any additional questions. Regards, Josh"
And:
"Yes Councilwoman Schroeder, this will be on the Council agenda in July. Regards, Josh"
So the city of Henderson intends to comply immediately (well, at the speed of government) anyway. It's also very pleasing to see such a quick reply to a citizen late in the evening. Henderson is a great example of how cities should address these kinds of matters and police their community. How quickly will the county and other municipalities comply?

Also here: http://bit.ly/1KLNYTX
 

The Big Guy

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Joined
Oct 20, 2009
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1,966
Location
Waco, TX
Your editor of NevadaCarry.org emailed the Henderson City Council and police department regarding the implementation of the changes SB 175 to city ordinances and police training.

Excerpt from my letter:
Gov. Brian Sandoval, on 6/2/2015, signed into law new provisions regarding firearms regulations. Senate Bills SB 175 (attached) contains language altering existing statutes (NRS 268.418) that govern the ability of local governments to make or enforce local regulations regarding firearms. These new laws, effective immediately, removed the ability of any local entity to make or enforce existing local firearm regulations (excluding unsafe discharge). Local firearm regulations, including those of the city of Henderson, have been declared null and void. All existing laws, regulations, rules, and ordinances are required to be immediately repealed. Firearm registration (in Henderson’s case, handgun registration as administered by the Las Vegas Metropolitan Police Department) has also been abrogated by NRS 268.418. The legislature has required that all firearm registration records be destroyed within one year. I respectfully demand that ordinances 8.98.010, 8.98.020, 8.98.030, 8.98.040 be repealed (though I’m aware they have been superseded by state law), the police department to cease registration of handguns and destroy any Henderson maintained records thereof, and all city law enforcement personnel and volunteers be informed that these ordinances are null and void; therefore being unenforceable.
Rather immediate replies were received from several city officials.

Chief Moers replied: "I appreciate the email. The City of Henderson Police Department will make changes to procedures on all laws that require us to conform with any new law."

Councilwoman Gerri Schroder replied:
"The City Attorney will make changes to city ordinances to comply with all new laws. I'm cc'ing City Attorney Josh Reid to assist with a response on the procedure to change the ordinances to comply with the new laws. Mr. Reid is aware of the change in the law and briefed me on this earlier today.
I appreciate you making sure the City of Henderson complies with all new laws. Please let us know if you have questions."
I was also CC'd by Councilwoman March on her conversation with City Attorney Josh Reid.
"Josh
Will you ensure that our ordinances conform with state law with regards to the recent legislative changes related to firearms? Thank you"
Mr. Reid's reply:
"Yes. We discussed this in our staff meeting last week and have the ordinance to remove the firearm registry in the queue. It takes two Council meetings to pass an ordinance per our Charter. This will most likely be read into title either the first or second Council meeting in July. The registration records are held by the County, and I understand that they are aware of the new law and will comply.
Please let me know if you have any additional questions. Regards, Josh"
And:
"Yes Councilwoman Schroeder, this will be on the Council agenda in July. Regards, Josh"
So the city of Henderson intends to comply immediately (well, at the speed of government) anyway. It's also very pleasing to see such a quick reply to a citizen late in the evening. Henderson is a great example of how cities should address these kinds of matters and police their community. How quickly will the county and other municipalities comply?

Also here: http://bit.ly/1KLNYTX

Good job. I was going to call Josh tomorrow. You saved me the call. City Council meetings are on Tues night so I'm sure they were all checking their emails which is why they responded this evening.

TBG
 

garand_guy

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Joined
Feb 15, 2014
Messages
493
Location
Nevada
Good job. I was going to call Josh tomorrow. You saved me the call. City Council meetings are on Tues night so I'm sure they were all checking their emails which is why they responded this evening.

TBG

What great timing. This is why I prepped everything in advance. The county library people replied that they were distributing my information to counsel and staff, so looks like they care too. Waiting on Henderson libraries and county parks. Parks will be the big one. They can't dodge this one any way you cut it.
 

b0neZ

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Feb 15, 2012
Messages
505
Location
Davis County, Utah
What great timing. This is why I prepped everything in advance. The county library people replied that they were distributing my information to counsel and staff, so looks like they care too. Waiting on Henderson libraries and county parks. Parks will be the big one. They can't dodge this one any way you cut it.

What about the police stations?
 

ed2276

Regular Member
Joined
Nov 29, 2011
Messages
366
Location
Las Vegas,NV
Your editor of NevadaCarry.org emailed the Henderson City Council and police department regarding the implementation of the changes SB 175 to city ordinances and police training....

Cool! I hope you don't mind, but I copied much of the language of your letter and substituted NLV and their ordinances into the text. It was much easier to copy/paste your well-written text than try to create my own from scratch.

I emailed NLVPD and informed them that their ordinance making OC in vehicles without a CCW permit illegal is null and void, expressed my intent to immediately begin to OC in my vehicle without a CCW permit whenever I have occasion to travel through NLV city limits, and requesting they inform their officers to immediately cease enforcement of that ordinance. I'll post any reply I receive here.
 

ed2276

Regular Member
Joined
Nov 29, 2011
Messages
366
Location
Las Vegas,NV
I sent the following email to NLVPD early this morning:

Gov. Brian Sandoval, on 6/2/2015, signed into law new provisions regarding firearms regulations. Senate Bill SB 175 contains language altering existing statutes (NRS 268.418) that govern the ability of local governments to make or enforce local regulations regarding firearms. These new laws, effective immediately, remove the ability of any local entity to make or enforce existing local firearm regulations (excluding unsafe discharge). Local firearm regulations, including those of the city of North Las Vegas, have been declared null and void. All existing laws, regulations, rules, and ordinances (except as to discharge of firearms) are required to be immediately repealed.
North Las Vegas currently has an ordinance (9.32.080) which makes it unlawful to openly carry or otherwise possess a firearm in a vehicle, unless the person carrying the firearm has a CCW under the provisions of city ordinance 9.32.040.
As the above referenced ordinance 9.32.080 is now, as a matter of law, null and void, I intend to immediately begin to openly carry my firearm without a CCW while in my vehicle when I have occasion to drive through the North Las Vegas city limits.
I request that you inform your officers that possession of an openly carried handgun without a CCW permit while inside a vehicle is now lawful within the North Las Vegas city limits, and that all officers are to immediately cease enforcement of the provisions of city ordinance 9.32.080.
 

Vegassteve

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Joined
Apr 15, 2008
Messages
1,763
Location
Las Vegas NV, ,
This is from a fellow over at Nvshooters. Just called Metro Northwest Substation they told me they are doing blue cards until Oct. 15th. After that they might stop. Typical government crap, they never want to give up power until they are sued.


So how do we combat this? Coupled with the fact that there is at least one asshat on that forum that has admitted today, that he liked the registration scheme, we still have a fight for some reason.
 

Vegassteve

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Joined
Apr 15, 2008
Messages
1,763
Location
Las Vegas NV, ,
This is a update from Metro.

Yes, we're aware of SB175. I can't answer as to why you were told this by the substations, I can only imagine they weren't informed of the change, just as I still have yet to been given updated verbiage for our website. I have made calls/emails to get the updated information pushed out to everyone concerned as soon as possible. I'm confident this will be handled in the morning.
 
Last edited:

garand_guy

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Joined
Feb 15, 2014
Messages
493
Location
Nevada
Cool! I hope you don't mind, but I copied much of the language of your letter and substituted NLV and their ordinances into the text. It was much easier to copy/paste your well-written text than try to create my own from scratch.

Lol, I'm glad you did NLV. I am working on Hendo, the county, the parks, and the libraries. I can't do them all! Feel free to copy away.
 

garand_guy

Regular Member
Joined
Feb 15, 2014
Messages
493
Location
Nevada
Henderson Library Letter

Hello,

Gov. Brian Sandoval recently signed into law new provisions regarding firearms regulations. Senate Bills SB 175 and SB 240 (attached) contain language altering existing statutes (NRS 268.418) that govern the ability of local governments and subdivisions thereof (including libraries) to make or enforce local regulations regarding firearms.

These new laws, effective immediately, removed the ability of any local entity to make or enforce existing local firearm regulations (excluding unsafe discharge). Local firearm regulations, including those of the Henderson Public Library District, have been declared null and void. All existing laws, regulations, rules, and ordinances are required to be immediately repealed.

As the Henderson Public Library District is a city library district established by the city of Henderson, it is affected by the above changes to NRS 268.418 (NRS. 244.364 contains similar language applying to counties).

Library Rules of Conduct #7 states that “weapons” (not defined further) are prohibited on library property.

Please eliminate this rule or amend it to state to the effect that “Concealed firearms are prohibited by NRS 202.3673.” I would also like to mention that for the provisions of that section to apply, a sign advertising firearms are prohibited or a metal detector must be present at each public entrance.

As open carry of firearms is indeed permitted in public buildings (NRS 202.3673 only mentions concealed weapons in public buildings), that legality needs to be acknowledged by the change of library policy. If you have any doubts of the veracity of this statement, please refer to the attached finding by the Legislative Counsel Bureau that open carry is permitted in public buildings.

While I would like to see permitted concealed firearms allowed in the library, please amend any signage to state to the effect “No Concealed Firearms” or “Concealed Weapons Prohibited.”

NRS 379.120, a library's authority to create "reasonable rules and regulations" does not authorize the library district to continue to prohibit firearms as NRS 244.364 and NRS 268.418 reserves the right to create rules and regulations regarding firearms exclusively to the legislature.

Pertinent Text of the Statutes

For your reference, the following is the pertinent text of NRS 268.418 contained in SB 175 and SB 240 (the database of the statutes may not be updated as of this writing, please refer to the enrolled text of the bills):

“(a) The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms, which is recognized by the United States Constitution and the Nevada Constitution.
(b) The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.
(c) This section must be liberally construed to effectuate its purpose.
3. [omitted]
2. Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms , firearm accessories and ammunition in Nevada and to define such terms. No city may infringe upon those rights and powers.
4. Any ordinance or regulation which is inconsistent with this section or which is designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State is null and void, and any official action taken by an employee or agent of a county in violation of this section is void.
5. The governing body of a city shall repeal any ordinance or regulation described in subsection 4, and any such ordinance or regulation that is posted within the city must be removed.”
[omitted]

Again, while the library district may protest that this provision does not apply to the district, the intent of the legislature is explicit. Additionally, please consider subsection (c): “This section must be liberally construed to effectuate its purpose.”

I must also point out the library’s own “Library Bill of Rights”, of the American Library Association, which affirms: Article V “A person’s right to use a library should not be denied or abridged because of origin, age, background, or views [emphasis mine].”

I respectfully demand that the library district immediately comply with the new provisions of NRS 268.418. Lastly, please provide training and information to all library employees, volunteers, and contracted staff regarding these changes in laws.

Please reply to confirm that you have received and considered this letter.

Thank you,
 
Last edited:

garand_guy

Regular Member
Joined
Feb 15, 2014
Messages
493
Location
Nevada
County Libraries Letter

Please forward this to Dr. Heezen and the board of trustees.
boyera@lvccld.org

Hello,

Gov. Brian Sandoval recently signed into law new provisions regarding firearms regulations. Senate Bills SB 175 and SB 240 (attached) contain language altering existing statutes (NRS 244.364 and NRS 268.418) that govern the ability of local governments and subdivisions thereof (including libraries) to make or enforce local regulations regarding firearms.

These new laws, effective immediately, removed the ability of any local entity to make or enforce existing local firearm regulations (excluding unsafe discharge). Local firearm regulations, including those of the Las Vegas-Clark County Library District, have been declared null and void. All existing laws, regulations, rules, and ordinances are required to be immediately repealed.

As the Las Vegas-Clark County Library District is a joint library district established by a city and county, it is affected by the above changes to NRS 244.364 and NRS 268.418.

Library Rules of Conduct #3 states “Firearms are prohibited as outlined in NRS 202.3673.” This rule, as prohibiting all firearms, is inconsistent with the intent of the legislature and therefore contrary to the provisions of the new amended laws.

Please eliminate this rule or amend it to state to the effect that “Concealed firearms are prohibited as outlined in NRS 202.3673.” I would also like to mention that for the provisions of that section to apply, a sign advertising firearms are prohibited or a metal detector must be present at each public entrance.

As open carry of firearms is indeed permitted in public buildings (NRS 202.3673 only mentions concealed weapons in public buildings), that legality needs to be acknowledged by the change of library policy. If you have any doubts of the veracity of this statement, please refer to the attached finding by the Legislative Counsel Bureau that open carry is permitted in public buildings.

While I would like to see permitted concealed firearms allowed in the library, please amend any signage to state to the effect “No Concealed Firearms” or “Concealed Weapons Prohibited.”

NRS 379.120, a library's authority to create "reasonable rules and regulations" does not authorize the library district to continue to prohibit firearms as NRS 244.364 and NRS 268.418 reserves the right to create rules and regulations regarding firearms exclusively to the legislature.

Pertinent Text of the Statutes

For your reference, the following is the pertinent text of NRS 244.364 contained in SB 175 and SB 240 (the database of the statutes may not be updated as of this writing, please refer to the enrolled text of the bills):

“(a) The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms, which is recognized by the United States Constitution and the Nevada Constitution.
(b) The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.
(c) This section must be liberally construed to effectuate its purpose.
3. [omitted]
2. Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms , firearm accessories and ammunition in Nevada and to define such terms. No county may infringe upon those rights and powers.
4. Any ordinance or regulation which is inconsistent with this section or which is designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State is null and void, and any official action taken by an employee or agent of a county in violation of this section is void.
5. A board of county commissioners shall repeal any ordinance or regulation described in subsection 4, and any such ordinance or regulation that is posted within the county must be removed.”
[omitted]

I respectfully demand that the library district immediately comply with the new provisions of NRS 244.364 and NRS 268.418. Lastly, please provide training and information to all library employees, volunteers, and contracted staff regarding these changes in laws.

Please reply to confirm that you have received and considered this letter.

Thank you,
 

DVC

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May 12, 2010
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City? Who wants to live in a CITY?, Nevada, USA

DVC

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City? Who wants to live in a CITY?, Nevada, USA
Yes !!! New gun bills are signed into law today!

But not the one permitting the victims of violent crimes on campus to defend themselves.

And not the one giving Nevadans the ability to CCW without bureaucrat permission.

So excuse me if I don't find a lot to cheer about in the City and County of North Los Angeles being told to follow laws passed long ago. This is the equivalent of seeing your car destroyed by the guy who stole it, but at least you still have a fob for the car alarm.
 

ed2276

Regular Member
Joined
Nov 29, 2011
Messages
366
Location
Las Vegas,NV
Lol, I'm glad you did NLV. I am working on Hendo, the county, the parks, and the libraries. I can't do them all! Feel free to copy away.

I'll be trying to help you out with the libraries, as well. I am going to OC at the Summerlin branch off of Village Center Circle tomorrow and see how it goes.
 

ed2276

Regular Member
Joined
Nov 29, 2011
Messages
366
Location
Las Vegas,NV
I just sent the following email to the Clark County library administration:

To Whom it may concern:

Gov. Brian Sandoval, on 6/2/2015, signed into law new provisions regarding firearms regulation. NRS 244.364(b), as passed into law in SB 175, provides that the Legislature claims for itself “exclusive domain” to regulate, inter alia, the possession and carrying of firearms in the State. Furthermore, the law provides that “…any other law, regulation, rule or ordinance…” which intrudes into the Legislature’s regulatory domain is “null and void.”

NRS 244.364 also provides that counties may not infringe on the Legislature’s rights and powers to regulate, inter alia, the possession or carrying of firearms within the State, and allows that “A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.” The unsafe discharge of firearms is the sole subject which the Legislature has empowered the counties to regulate by ordinance or regulation.

NRS 244.364, 4. provides that any county regulation or ordinance inconsistent with the above is null and void, and subsection 5. requires the county to repeal and remove any such regulation or ordinance.

It is my understanding that it has been the pattern and practice of the Clark County public libraries to prohibit the open carry of firearms within its public branch buildings. The library branches have posted signs on their windows indicating that firearms are not allowed inside the building, and I have been informed that library staff and security have demanded those who have openly carried inside the public portion of the library to leave the premises. In some instances, I have been informed, library staff have cited to NRS 202.3673, which bars possession and carrying of concealed weapons into certain public buildings, as authority to bar open carrying of firearms into the public areas of libraries. Such reliance on NRS 202.3673 to prevent the open carrying of firearms into public buildings is a misapplication of the law, as my State Assembly representative, Michele Fiore, recently determined in an opinion from the State Legislative Council Bureau. I quote from an opinion given by Mr. Bradley A. Wilkinson, Chief Deputy Legislative Council, on 02/26/2015:

“This office is aware that some persons have argued that NRS 202.3673 prohibits the open carry of firearms in a public building. However, that argument is not legally sound because NRS 202.3673, by its plain language, regulates only the carrying of a concealed firearm by a person who has a permit to carry a concealed firearm. NRS 202.3673 simply does not apply to the open carry of firearms in a public building.

Because there is no general statutory prohibition of open carry of firearms in a public building, it is the opinion of this office that the open carry of firearms is not prohibited in public buildings, unless otherwise prohibited by a specific statute such as NRS 202.265 or 218A.905…” [emphasis added]

I have attached a copy of the email correspondence between my assemblywoman and Mr. Wilkinson to this email for reference.


It should be clear by now that the Clark County Public Library system lacks statutory authority to bar the possession and open carrying of firearms within the public access areas of its branches. Any such rules, regulations, policies, ordinances, etc. banning someone from lawfully entering into and peacefully enjoying the amenities afforded to other members of the public while openly carrying a firearm is unlawful, and null and void as of 06/02/2015.

I am writing this email to notify you that I intend to enter into the Summerlin public library branch off of Village Center Circle while openly carrying my firearm sometime during the afternoon of 06/04/2015. I will be entering the building quietly and peacefully, and not in any manner to draw attention to myself or to the fact that I am open carrying. I am not seeking to make a scene, cause a disturbance, or to engage in a confrontation. I am a peaceful man, who eschews confrontation.

The primary reason that I am writing to you and giving you this notice is for the express purpose of avoiding any confrontation over this issue when I enter the building. I expect that, having this advance notice, you will have had an opportunity to contact your staff/security at the Summerlin branch and notify them that I will be coming, openly carrying my firearm into the building, and will be quietly enjoying the services and amenities provided by the public library. This will hopefully avoid any confrontation initiated by the library staff/security upon my arrival.

I will be bringing with me copies of the relevant NRS (SB 175), which has been passed into law, Mr. Wilkinson’s opinion letter, and other provisions of law under the NRS which may be relevant should your staff/security attempt by force or threat to deprive me of my constitutionally protected right to peacefully and openly carry my firearm with me into the public library building.

Please be advised that I will audio/video record any interaction that may occur between myself and library staff/security. Hopefully, this will not be necessary. It is my hope that I will simply enter into the library, proceed to a table, sit down, and quietly and peacefully read and write without any contact between myself and library staff/security.


Respectfully,

Edmund Davis
 
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