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Thread: Newbie here

  1. #1
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    Just found this site and am interested in OC topics.



    I live near Virginia City in Storey County and I have a question about County code.









    Chapter 9.16 WEAPONS*
    SectionNo(9.16.020)
    Carrying of dangerous weapons

    It is unlawful for any person, within the limits of the towns of Virginia City and Gold Hill, and other designated congested areas, to carry upon the person any pistol, revolver, gun or other firearm having a barrel length less than twelve inches, or any dagger, sword, or other dangerous knife, blackjack, metal knuckles, or other dangerous weapon. (Ord. 106 § 3, 1987



    Is this code still valid?? This would seem to preclude OC of a typical handgun.



    Thanks





  2. #2
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    Hey Desert Rat, welcome to the board!

    Nope, since they're less than 400,000 (approx 4110 in 2006) that county code is prempted by NRS 268.418 (http://www.leg.state.nv.us/NRS/NRS-2...l#NRS268Sec418)

    NRS 268.418 Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 400,000 or more.
    1. 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, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no city may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

    2. The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.

    3. If the governing body of a city in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:

    (a) A period of at least 60 days of residency in the city before registration of such a firearm is required.

    (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

    4. Except as otherwise provided in subsection 1, as used in this section:

    (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

    (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

    (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.



  3. #3
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    Bob is right.

    Enforcing that local ordinance would be a violation of state law.

  4. #4
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    Enforcing that law is a violation of state law, but that doesn't mean they won't try. Which likely means you are subject to arrest, seizure of your firearm, etc. Only once you go to court will it be resolved.

    Looks like we have some work to do. How do you feel about writing your county commissioners?

    I've had (some) success with North Las Vegas, which promises to address the issue, but is still working on drafting an amendment to repeal its preempted code sections. But Boulder City refuses to act to remove their illegal law, creating a confusing situation for local police.

  5. #5
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    Hmmm, I wonder....if youwere unlawfully arrested under that illegal code, if you could use your one callto the State Police telling them that you were unlawfully arrested for obeying Nevada state law and being held againstagainst your will for obeying the law?

    Would they have an obligation to respond? Would they respond? Interesting....

    Now I have to go memorize the State Police number...

  6. #6
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    *647 (*NHP) from your cell phone.

  7. #7
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    Thanks for all the responses. I'll see about getting the Code brought up to date. There are some other areas that need minor changes.

  8. #8
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    Desert Rat wrote:
    Thanks for all the responses. I'll see about getting the Code brought up to date. There are some other areas that need minor changes.
    Hey Rat, anything new as of yet? I DEFINITELY want to visit Virginia City, it looks like an awesome place! I was considering a letter to the Sherriff and the County Commissioners stating that I am an OpenCarrier and that I will be visiting their fair city in the near future and that I am aware of theirunlawful county lawand thatI expect my visit to be a non-issue.

    I hope and expect their officers to be completely versed in the Nevada State Law that Open Carry is legal and that their county law has been pre-empted, quoting statutes as needed.

  9. #9
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    Desert Rat,

    You MAY want to send a letter similar to the one I posted here: http://opencarry.mywowbb.com/forum36/6862.html

    Obviously, Clark County is NOT the only county that needs to be urged to update code to conform with NV law.

    Larry

  10. #10
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    I'll be talking to the County Staff this week and next as we have other changes to make and I'll add this to the list.

  11. #11
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    I like BobCav's approach - rather than asking them for their "permission" we take the stance of-

    We know
    • What the state law is
    • What the local law is
    • That state law preempts the local law and renders it unenforceable
    And we expect the police to properly follow state law. If they wish to eliminate the confusion, they should talk to their city council and request the ordinance be repealed so as to avoid any illegal arrests.

    Just on a side note though, the police may in fact respond that they are not lawyers or judges and only enforce laws. There is a law on the books very clearly stating firearms are prohibited and intend to enforce that law. It would be up to the lawyers to resolve anything else.

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