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Thread: Three day waiting period still legal in Clark County? (I'm a Washoe County resident)

  1. #1
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    I have another question possibly related to SB92.

    I live in Washoe County and was down in Las Vegas for a convention last week., dropped into a gun store and decided to buy a pistol that I'd seen them advertise on guntrader.com. I was told that I could not insta-check and walk away with the pistol (which is how it works all over NV to the best of my knowledge) unless I had a blue card on file for an existing pistol in Clark County (why would I? I live in northern Nevada) or be subject to a three day waiting period which doesn't exist anywhere outside of Clark County -- as far as I know.

    I was *so frustrated!* and ended up not buying it as I was headed back to Reno the next day and could not wait.

    I thought all local laws like these were once and for all pre-empted by SB92 last year?

    Can anyone here speak authoritatively about this issue?

  2. #2
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    Section 1, Line 3

    http://www.leg.state.nv.us/74th/Bills/SB/SB92_EN.pdf

    Still allowed.

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    Ive actually had 2 friends put on a 72 hour Brady hold at the Cabelas by Boomtown outside Reno, which was strange to me since they had no criminal records, while another friend of mine walked out of the store with his handgun and he has a misdemeanor DUI. I guess its random, or might have something to do with your firearm purchase record.

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    Pretty strange. I bought a pistol at Cabelas in Boomtown less than a month ago and was in and out of the store in about 15 minutes.

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    Strange, indeed.

    I would follow up and get to the bottom of the matter.

    It could simply be a matter of an ignorant sales clerk. I almost bet it is such, as I've never heard of this happening before.

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    bplv wrote:
    Section 1, Line 3

    http://www.leg.state.nv.us/74th/Bills/SB/SB92_EN.pdf

    Still allowed.
    IANAL. IMHO,This speaks only to theregistration of handguns. This law Clearly preempts the 72 hour waiting period in the Clark County ordinance. However, the Clark County DA refuses to acknowledge that the State Legislature can overide his ordinances.

    Please take this up with your elected officials.

    Ken

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    A mandatory waiting period is a local problem. However, sometimes for unknown reasons, a wait period will be put on someone where there is no mandatory waiting time. I just picked up a CZ 82 that I ordered in. The Armory did the FFLpaperwork and then phoned in to Carson City sheriff for the Brady check. The check cleared in under two minutes and I was in/out in about 20 minutes all total.

    I was shocked as I thought that under the Brady bill there was a mandatory 72 hour hold for pistol purchases. I asked the lady at the Armory about that and she said that sometimes the background checks go through really fast, and sometimes it takes a while but no mandatory time period.Go figure!

    I've been background checked for three licensesall the way up to Interpol. Maybe that had something to do with it?!

  8. #8
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    The people at Citadel Safe and Gun in Las Vegas were the ones that said that Clark County has the mandatory waiting period, even if I don't live in Clark County. I guess they either don't know about SB92 preempting all that silliness down south or are too afraid of their local government to stop forcing the wait even though it's now illegal per the preemption bill that was signed into law.

    Regardless, I left with no pistol and I have nothing to show for my time but this comedy of errors. I hope the NRA gets in there and smacks Clark Co. around a bunch on our behalf. I am an NRA member, you all should consider it if you're not yet.

    I will end up buying it from Citadel in LV and having them ship it to a local independent FFL holder I know or I'll have one of the shops in Reno I buy from order one for me.

  9. #9
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    From my understanding, in Clark County, there is a 72 hour wait period unless you are already registered for a handgun, in which case the wait period is null.

    However, I have been told that gun stores that are located only in Henderson are exempt from this rule.

  10. #10
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    wayneco wrote:
    The people at Citadel Safe and Gun in Las Vegas were the ones that said that Clark County has the mandatory waiting period, even if I don't live in Clark County. I guess they either don't know about SB92 preempting all that silliness down south or are too afraid of their local government to stop forcing the wait even though it's now illegal per the preemption bill that was signed into law.

    Regardless, I left with no pistol and I have nothing to show for my time but this comedy of errors. I hope the NRA gets in there and smacks Clark Co. around a bunch on our behalf. I am an NRA member, you all should consider it if you're not yet.

    I will end up buying it from Citadel in LV and having them ship it to a local independent FFL holder I know or I'll have one of the shops in Reno I buy from order one for me.
    See this thread: http://opencarry.mywowbb.com/forum36/6862.html

    Your question falls under this item.

    IMO, NRS grandfathers ONLY the Clark County residents' handgun registration scheme.

    And it may very well go to court.

  11. #11
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    SB92 Amended 4 laws and Enacted 1 new one:

    Section 1: Amended NRS 244.364 - County Preemption
    Section 2: Amended NRS 268.418 - City Preemption
    Section 3: Amended NRS 269.222 - Town Preemption
    Section 4: Amended 1989 Statutes of Nevada, Chapter 308 Section 5 (page 653)
    Section 5: Enacted 2007 Statutes of Nevada, Chapter 320 (pages 1288-1291)

    Sections 1-3 made a couple of changes. 1 applies to Counties, 2 applies to Cities, and 3 applies to Towns. Each amendment clarifies the definition of firearm to include preemption of a broad range of weapons: "any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force."

    These sections also grandfather in the Clark County registration law, but required certain changes to it. It now only applies to those people here more than 60 days and allows a 72 hour waiting period ONLY for residents of the county in which the regulation exists.

    Section 4 modified the original enactment of the laws (the three noted code sections were originally established by the 1989 legislature). The modification reads as follows:
    Sec. 4. Section 5 of chapter 308, Statutes of Nevada 1989, at page 653, is hereby amended to read as follows: Sec. 5. [The]
    1. Except as otherwise provided in subsection 2, the provisions of this act apply [only] to ordinances or regulations adopted on or after [the effective date of this act.] June 13, 1989.
    2. The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.
    (no emphasis added or changed)

    Red is deleted, blue is new.

    Note the new paragraph #2 of Section 4 above. It means that any provision of the original enactment that was amended on October 1, 2007, applies to any and all ordinances BEFORE, on or after June 13, 1989. Essentially, any date.

    Because Sections 1-3 of the 2007 law amended every provision of the original law (except the paragraph about discharge of firearm), every provision (except discharge) is thus preempted by this paragraph.

    If I had to guess, methinks some wise politician snuck this one in there. My first reading suggested to me that only the ADDED text of the original laws were covered by the new paragraph. And if I'm right, that's how the wording was meant to be interpreted after a quick read so no one would catch it.

    But after further review, upon close inspection of the placement of commas, the effect of the law is that the entire provision is affected if that provision was amended at all.

    So either it was slipped in unnoticed, or we got lucky. Either way, glad it's there.

    And, to cover the 5th section of the 2007 law, the text is there to effectuate the law and includes a very important detail:
    Any ordinance or regulation that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law.
    So, the preemption took effect October 1, 2007, and cities/counties/towns had until January 1, 2008 to change any conflicting/preempted laws. And if they didn't, the legislature made sure citizens weren't caught by overzealous local politicans who think they're above the law, and outlawed those preempted laws.

    So it begs the question BobCav has asked --- Who do I call if illegally kidnapped by a local police officer who is breaking this state law by trying to enforce an outlawed local "law"?

    Tim

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    I just emailed the legal analysis detailed immediately above to the owner of Citadel Safe and Gun with a cover note and eagerly await his reply.

    I also included the URL to the thread. Maybe he'll even join us here! They seemed like a pretty cool store otherwise.

  13. #13
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    Tim, you call the Nevada Attorney Generals office, specifically the 'integrity' unit. These are the folks to go too when county officials will not obey the law and nothing else has worked.

  14. #14
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    By the way, I've gotten two responses from the AG office on two separate issues from two different people. The gist of both responses was that their job is to offer solicited and unsolicited legal assistance to the state government, and solicited legal assistance to local governments. Basically, I'm just a guy, so they can't/won't help me. Was very frustrating.

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    timf343 wrote:
    By the way, I've gotten two responses from the AG office on two separate issues from two different people. The gist of both responses was that their job is to offer solicited and unsolicited legal assistance to the state government, and solicited legal assistance to local governments. Basically, I'm just a guy, so they can't/won't help me. Was very frustrating.
    The current AG also removed the firearms FAQ from the AG web site (the one that said open carry is legal in Nevada). She does not seem to be very firearms friendly.

    Ken

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    timf343 wrote:
    By the way, I've gotten two responses from the AG office on two separate issues from two different people. The gist of both responses was that their job is to offer solicited and unsolicited legal assistance to the state government, and solicited legal assistance to local governments. Basically, I'm just a guy, so they can't/won't help me. Was very frustrating.
    Me too. In a letter dated March 15, 2006, the AG's office said:

    This office is the legal counsel to the State of Nevada and its agencies, and cannot provide legal advice or interpretation of Nevada law to private citizens, and pursuant to NRS 228.150, can only provide legal opinions to state agencies and officers and to district and city attorneys.


  17. #17
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    Form letter, almost verbatim to mine.

    I'm not asking for a legal opinion on this. There (was) a violation of state law by a local government. Isn't the Atty General organization responsible for prosecuting such offenses?

    So back to square one --- what do you do if illegally kidnapped by a local cop who "arrests" you under one of those preempted/voided laws? Clearly you don't call the AG.

  18. #18
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    Perhaps the only (or best) recourse is to file a lawsuit???

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