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Thread: Air guns in Henderson

  1. #1
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    I thought I had read somewhere on here (can't find it now) that it is illegal to shoot an airgun in the city...???

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    Correct, and there's no preemption of "discharge" laws.

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    What do you mean by "preemption of discharge..."? Sorry for my ignorrance

    Shane.

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    icode wrote:
    What do you mean by "preemption of discharge..."? Sorry for my ignorrance

    Shane.
    I mean that in most cases, Nevada has statewide preemption of firearms laws. Only state law applies, and localities have no authority to regulate firearms in any way.

    There are two major exceptions to preemption:

    Nevada allows localities to regulate the discharge of "firearms."

    Nevada allows for the grandfathering of the handgun registration ordinance in effect in Clark County with certain restrictions. Those restrictions being that it only applies to residents, or those in Clark County for more than 60 days.

    So, Henderson can indeed regulate the discharge of anything considered a "firearm" (which air rifles are) within their city limits.

    Henderson could not, though, do something like implement an assault weapons ban in the city, or pass a law requiring a limit of purchases per month or a waiting period, etc.

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    Okay, so STATE law allows Henderson to regulate discharge of "firearms", gotcha. I spoke with an officer last night (he actually came to my door, and then I later called him on the phone) and he told me it is NOT illegal to shoot a pellet gun in Henderson, but be careful because if you break something (a window) of your neighbors you are liable (vandalism). I told him "Of course".

    Thereason for the question and call et al. We have had 4 birds attacking us everytime we go in our front yard. By us I mean me, my wife, my sons, I even found out they were attacking the neighbors. The LEO came to my house because he happened to be across the street on an urelated matter when, in all my wisdom, I chose that moment to go in the back yard to sight in my scope on my pellet gun. Well, he heard it and came over and spoke with my wife. Later I called my pest control guy and found out he doesn't do birds and that Animal Control wont mess with it. So, I called HPD to find out what the hell I'm supposed to do about this wildlife attacking my family. Well, the same officer gets on the phone and says the bird attacked him too! He told me to shoot it but be careful, he even told me good luck! Needless to say that bird is now in my trash can and his cronies seem to have got the picture and left!



    Shane.

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    just go get an airsoft gun. it fires plastic 6mm bb's at upwards of 300fps (for some lilke mine.) There is no law on those because they are a toy.

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    Will they take down a bird? Do they have the accuracy?

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    It actually seems like it might not be illegal...

    Henderson Municipal Code
    8.98.061 Unlawful discharge of firearms within city limits, exceptions.
    A. Pursuant to NRS 202.287, the entire area within the jurisdictional limits of the city of Henderson, except as provided in subsection 3 of this section, is designated as a populated area for the purpose of prohibiting the discharge of weapons.
    B. Except as otherwise provided in subsection 3 of this section, it is unlawful for any person to wilfully discharge or cause to be discharged any pistol, gun or any other kind of firearm within the jurisdictional limits of the city of Henderson.

    NRS 202.265 5(b) defines a firearms to include air guns:

    (b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

    But the "Definitions" section at the beginning of NRS 202.253 defines firearm in a way that excludes air guns:

    NRS 202.253 to 202.369, inclusive: 1. “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
    2. “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.
    3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.
    4. “Motor vehicle” means every vehicle that is self-propelled.
    So, it would seem to hinge on how the court would read "any pistol, gun or any other kind of firearm" in the Henderson Municipal Code.

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    Thanks, now we KNOW the NRS are contradictorySeems that the LEO's in Henderson don't consider a pellet gun to be a firearm...if that is the case YEAH Henderson :celebrate



    Shane.

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    To further complicate this, the section that allows Henderson to "proscribe.. the unsafe discharge of firearms."gives two definitions.

    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.

    (Added to NRS by 1989, 652; A 2007, 1289)

    ----------------------------------------------------------------------

    IANAL but I read this as the definition in part 1. applying to the proscription on discharge andthat includes "any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force." I would be careful.

    Ken

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    I wanted to chime in here because I researched it pretty thoroughly.

    The preemption law creates two definitions of firearm:

    1.) Very broad, includes air guns. All local laws preempted (except discharge, see #2)
    2.) Very narrow, does NOT include air guns, allows local legislation to regulate discharge.

    So, Henderson's CITY law is preempted and unenforceable. BUT there is a state law:

    NRS 202.290 Aiming firearm at human being; discharging weapon where person might be endangered; penalty. Unless a greater penalty is provided in NRS 202.287, a person who willfully: 1. Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or
    2. Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although an injury does not result, is guilty of a gross misdemeanor.
    So you're not violating any Henderson laws, you're POSSIBLY violating a state law. See above. You'd have a tough time arguing that your airgun shot into your backyard does not endanger your neighbors, but YMMV.

    Good luck

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    icode - can you email or private message me the henderson policeman name/phone of whom you spoke with? we are having a pigeon problem, and I was under the impression that it WAS legal to use a pellet gun (but my better half thinks otherwise).

    thanks

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    Was there any resolution to using airsoft guns to disperse pigeons? We've got the same problem occurring in our neighborhood. My neighbors are all in favor of my clearing them out, but I want to make sure that local patrol isn't a problem.:?

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    since all the citations are out there already - just gonna add my opinion...the hpd officer sounds to me like he gave bad advice (which we all know happens from time to time) and imo, pellet, and airsoft, in a city neighborhood is probably a no no.

    I would ask fish and wildlife. One patrols around my house every now and then. if I run into him i'll ask =)

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    bobernet wrote:
    It actually seems like it might not be illegal...

    Henderson Municipal Code
    8.98.061 Unlawful discharge of firearms within city limits, exceptions.
    A. Pursuant to NRS 202.287, the entire area within the jurisdictional limits of the city of Henderson, except as provided in subsection 3 of this section, is designated as a populated area for the purpose of prohibiting the discharge of weapons.
    B. Except as otherwise provided in subsection 3 of this section, it is unlawful for any person to wilfully discharge or cause to be discharged any pistol, gun or any other kind of firearm within the jurisdictional limits of the city of Henderson.

    NRS 202.265 5(b) defines a firearms to include air guns:

    (b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

    But the "Definitions" section at the beginning of NRS 202.253 defines firearm in a way that excludes air guns:

    NRS 202.253 to 202.369, inclusive: 1. “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
    2. “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.
    3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.
    4. “Motor vehicle” means every vehicle that is self-propelled.
    So, it would seem to hinge on how the court would read "any pistol, gun or any other kind of firearm" in the Henderson Municipal Code.
    It seems to me that what I highlighted would excludethe airsoft gun from the lawsince it uses plastic BBs. Regular pellet guns and BB guns would be covered under the NRS because they use metallic projectiles.

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    Thanks. Any info would be useful.

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    YES, it is COMPLETELY legal to shoot airguns in henderson, nv!

    Okay, I just wanted to clear this thread up a bit since some mis-information was posted (or actually, I should say, NOT THE COMPLETE information!)

    Here is the COMPLETE NRS 202.265:

    -------------------------------------------------------

    http://www.leg.state.nv.us/nrs/NRS-2...l#NRS202Sec265


    NRS 202.265 Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.

    1. Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:

    (a) An explosive or incendiary device;

    (b) A dirk, dagger or switchblade knife;

    (c) A nunchaku or trefoil;

    (d) A blackjack or billy club or metal knuckles;

    (e) A pistol, revolver or other firearm; or

    (f) Any device used to mark any part of a person with paint or any other substance.

    2. Any person who violates subsection 1 is guilty of a gross misdemeanor.

    3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:

    (a) A private or public school or child care facility by a:

    (1) Peace officer;

    (2) School security guard; or

    (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.

    (b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.

    4. The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.

    5. For the purposes of this section:

    (a) Child care facility means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.

    (b) Firearm includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

    (c) Nunchaku has the meaning ascribed to it in NRS 202.350.

    (d) Switchblade knife has the meaning ascribed to it in NRS 202.350.

    (e) Trefoil has the meaning ascribed to it in NRS 202.350.

    (f) Vehicle has the meaning ascribed to school bus in NRS 484A.230.

    --------------------------------------------------------------

    NRS 202.265 (b) is for a school or a child care facility only! Note: " 5. For the purposes of this section:"

    You can shoot your airgun all day long as long as you dont injure or harm anyone or any property. Think of it as throwing a knife around or throwing a rock around. As soon as you "hurt" or harm something, or someone, then you're in trouble. How do I know this? I was shooting pigeons on my fence post a few years ago. After I killed about 150 or so of them, the Henderson police department showed up and showed me a bunch of pellets I was shooting and nicely asked me to stop. The pellets I was shooting were going through the pigeons and winding up in neighbor's yards on another side of a wash. The police officer was worried (as were the neighbors) that some little kid could pick up the pellet and choke on it, etc. I obligued and stopped shooting.

    Where I live now, we are having a huge coyote problem. And it's 100% legal to blast 'em with a pellet or BB gun...

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    and i should add...while it's LEGAL to shoot a pellet or BB gun in Henderson, it's ILLEGAL to shoot it in Las Vegas! just an FYI for you. (I dont have the laws that I found a few years ago, I just remember I did find something that said it was illegal to shoot an airgun in Las Vegas city limits)

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    Ironb: welcome to the board, congratz on resurrecting a dead thread, and congratz on posting information that refers to CARRYING a weapon. As for discharging an air rifle, here is ONE of the many NRS that address air guns:

    NRS 202.290 Aiming firearm at human being; discharging weapon where person might be endangered; penalty. Unless a greater penalty is provided in NRS 202.287, a person who willfully:
    1. Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or
    2. Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although an injury does not result, is guilty of a gross misdemeanor.
    Last edited by jfrey123; 01-31-2011 at 08:14 PM.

  20. #20
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    I know the thread is Old...

    Plain and simple. Airgun = No No
    -------

    NRS 202.253 Definitions. As used in NRS 202.253 to 202.369, inclusive: [[<----IMPORTANT PART RIGHT THERE!!!]]

    1. Explosive or incendiary device means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

    2. 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.

    3. Firearm capable of being concealed upon the person applies to and includes all firearms having a barrel less than 12 inches in length.

    4. Motor vehicle means every vehicle that is self-propelled.

    (Added to NRS by 1977, 879; A 1979, 157; 1989, 1239; 1995, 1151, 2533, 2726; 1997, 662, 826; 2001, 805; 2003, 1350; 2005, 594)

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    Quote Originally Posted by icode View Post
    ... Needless to say that bird is now in my trash can and his cronies seem to have got the picture and left!
    Just to add another twist to your original bird problem, you may also want to research what specie of bird it is that you are having or had trouble with and see if it is Federally Protected before you eliminate any more of them... and you may want to think carefully before passing on more bird killing stories, just in case.

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    Really?

    Quote Originally Posted by kranoth View Post
    Plain and simple. Airgun = No No
    -------

    NRS 202.253 Definitions. As used in NRS 202.253 to 202.369, inclusive: [[<----IMPORTANT PART RIGHT THERE!!!]]

    1. Explosive or incendiary device means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

    2. 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.

    3. Firearm capable of being concealed upon the person applies to and includes all firearms having a barrel less than 12 inches in length.

    4. Motor vehicle means every vehicle that is self-propelled.

    (Added to NRS by 1977, 879; A 1979, 157; 1989, 1239; 1995, 1151, 2533, 2726; 1997, 662, 826; 2001, 805; 2003, 1350; 2005, 594)
    SO... the mexican food I ate last night qualifies an a firearm??? It was the compressed gas in my stomach which fired the balled up napkin, through the hole in my desert donut..

    An air rifle neither uses an explosion or combustion to propell

  23. #23
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    Quote Originally Posted by 6ftunder View Post
    SO... the mexican food I ate last night qualifies an a firearm??? It was the compressed gas in my stomach which fired the balled up napkin, through the hole in my desert donut..

    An air rifle neither uses an explosion or combustion to propell
    An air rifle (gun) does indeed come under state definition as a "firearm". I'm sure someone will come up with the NRS, but it does mention compressed gas, springs etc..

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

  24. #24
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    Quote Originally Posted by The Big Guy View Post
    An air rifle (gun) does indeed come under state definition as a "firearm". I'm sure someone will come up with the NRS, but it does mention compressed gas, springs etc..

    TBG
    Very interesting for two reasons. First, I agree with the big guy. The way I read the law a LEO could very easily say one is breaking the NRS by shooting an air rifle. The other is this thread is full of past knowledgeable gun owners postings whether one agrees with their opinion or not, where did the go?

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