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Thread: Storey County Ordinances

  1. #1
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    Finally, a vote to repeal the 1987 'Dangerous Weapons' law in Virginia city is scheduled for Monday, May 19th. If I didn't have to work, I'd be there.

    http://www.nevadaappeal.com/article/...565379/-1/NEWS

    :celebrate

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    Good news, indeed!

    Here is what sparked it:

    (SFA Letterhead)
    March 14, 2008

    Sheriff James G. Miller
    P. O. Box 498
    Virginia City NV 89440

    Subj: [highlight= #ffff88]Storey [highlight= #88ffff]County Concealed Firearms and “Gunfighter” Permit Applications

    Dear Sheriff Miller,

    As you know, the Nevada Revised Statutes concerning firearms law were amended in the 74th Legislative Session, effective October 1, 2007.

    NRS 244.364, 268.418, and 269.222 were amended to state:

    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 [highlight= #88ffff]county, city nor town may infringe upon those rights and powers.

    Section 5 of Chapter 308, Statutes of Nevada 1989, at page 653, was amended to read as follows:

    The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.

    We have reviewed subject application forms that are available at
    http://www.storeycounty.org/sheriff/Docs/Concealed%20Firearms%20Permit%20APPLICATION.pdf and http://www.storeycounty.org/sheriff/Docs/Gunfighter%20Application.pdf and find numerous requirements that are outside the bounds of Nevada law.

    Please see attachments (1) and (2).

    Although the Legislature left intact the authority for local jurisdictions to pass and enforce firearms geographic discharge restrictions, all other aspects of firearms regulation have been reserved to the State Legislature. These amendments to the NRS have been brought to the attention of other jurisdictions. For example, the City of Fallon's City Attorney has issued a letter declaring Fallon's municipal firearms ordinances (which were similar to Virginia City) null, void and unenforceable.

    As we enjoy visiting [highlight= #ffff88]Storey [highlight= #88ffff]County, Stillwater Firearms Association members and untold numbers of law abiding Nevada citizens anxiously await your response.

    Sincerely,



    Copies to:

    Senator Mark Amodei
    805 W Sunset Wy
    Carson City NV 89703-3751

    Senator Mike McGinness
    770 Wildes Rd
    Fallon NV 89406-7843

    Assemblyman Tom Grady
    43 Fairway Dr
    Yerington NV 89447-2170

    Assemblyman Pete Goicoechea
    P O Box 97
    Eureka NV 89316-0097

    [highlight= #ffff88]Storey [highlight= #88ffff]County Commissioners
    [highlight= #ffff88]Storey [highlight= #88ffff]County Court House
    Virginia City NV 89440

    Mr Frank Adams
    Executive Director, Nevada Sheriffs and
    Chiefs Association
    P O Box 3247
    Mesquite NV 89024

    Ms Carrie Herbertson
    NRA ILA State & Local Affairs Division
    555 Capitol Mall, Suite 625
    Sacramento CA 95814

    ________________________________________________

    Attachment (1)

    [highlight= #ffff88]Storey [highlight= #88ffff]County Concealed Firearm Permit Application Form

    Discrepancies

    Fees. Numerous other Nevada [highlight= #88ffff]County Sheriffs have indicated a decrease in fingerprint costs and collect $100.25 (initial) and $65.25 (renewal).
    ------------------------------------------------------------
    “No permit will be issued until a records check is obtained from the FBI, therefore allow up to 120 days for processing your completed application.”

    This statement is contrary to NRS 202.366, which states: “Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial.”

    Clearly, a sheriff must issue within 120 days. “Failure to complete investigation” is not among the enumerated reasons for denial; NRS 202.3657 germane.
    ------------------------------------------------------------
    Term of permits: NRS 202.366 specifies a permit expires 5 years after the date on which it is issued – for both resident and non-residents.
    ------------------------------------------------------------
    Firearms with which applicant has qualified and is authorized to carry:
    Make, model and caliber of each authorized semiautomatic firearm, if any..........
    Revolvers authorized: Yes or No
    ------------------------------------------------------------
    Firearm serial numbers. Recommend removal of the “optional” serial number block.

    ________________________________________________

    Attachment (2)

    [highlight= #ffff88]Storey [highlight= #88ffff]County Gunfighter Permit

    It is presumed the “Gunfighter” permit was created/designed for the purpose of lawful “old west” reenactments. However, the permit application does not clearly specify said permit is only necessary to perform reenactments.

    While it is presumed the intent is simply to assure the safe use of firearms in reenactments, it is unlawful to impose fees for the lawful carry of firearms (with the exception of concealed firearms permits).

    Clearly, the [highlight= #ffff88]Storey [highlight= #88ffff]County Gunfighter Permit requirement is unlawful as applied to the common and lawful practice of openly carrying a firearm or lawful concealed carry. In accordance with Article 1, Section 11 of the Nevada Constitution and applicable Nevada law, any person (not otherwise prohibited by federal/state law) may openly carry a loaded firearm and need not obtain a permit nor permission from any law enforcement authority. However, the governing body of a [highlight= #88ffff]county/city/town may proscribe by ordinance or regulation the unsafe discharge of firearms.

    Germane are Nevada Revised Statutes concerning firearms law that were amended in the 74th Legislative Session, effective October 1, 2007. Among the changes were NRS 244.364, 268.418, and 269.222, which were amended to state:

    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 [highlight= #88ffff]county, city nor town may infringe upon those rights and powers.

    Further, NRS 244.364, 268.418, and 269.222 state:

    The governing body of a [highlight= #88ffff]county/city/town may proscribe by ordinance or regulation the unsafe discharge of firearms.

    Lastly, Section 5 of Chapter 308, Statutes of Nevada 1989, at page 653, was amended to read as follows:

    The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.
    Hence, although the “Gunfighter” permit may be dated, it is not grandfathered by the Nevada legislature.

    As applied to common citizens, the regulations delineated below are clearly unlawful:

    You must have a valid gunfighter permit with you at all times, if wearing or carrying any firearm(s). The permit must be presented to a peace officer upon request.

    Your weapon must be holstered at all times, unless directly participating in the scheduled event. At no time shall any firearm(s) be carried concealed.

    The carrying of any type of live ammunition is strictly prohibited, under any circumstance. When wearing or carrying a firearm, the weapon shall remain empty of all ammunition unless you are directly participating in a scheduled gunfighter event.

    Wearing your weapon(s) and consuming alcoholic beverages is absolutely prohibited.

    Anyone who violates any of the above conditions and regulations shall be subject to the revocation of his or her gunfighter permit and may also be subject to prosecution.

    Note: While the practice of consuming alcoholic beverages while in possession of a firearm is most certainly NOT recommended and highly discouraged, NRS 202.257 is germane:

    It is unlawful for a person who:
    (a) Has a concentration of alcohol of 0.10 or more in his blood or breath; or
    (b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm, to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.

    Recommendations:

    Amend “Gunfighter” permit application/requirements to specifically state it is required only for the purpose of reenactments.

    Amend requirements and regulations to specify the regulation of unsafe discharge of firearms used in reenactments.

  3. #3
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    Right on! Thanks varminter!

    It's efforts like these that will reinforce the preemption and its effects. And if (god forbid) the preemption is ever repealed, these places would have to re-establish these unconstitutional laws, except now we're paying attention and I know we'll fight them hard.

    Tim

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    Yes, thanks Varminter to you and the good folks over at Stillwater! Hopefully I'll make it over to the June meeting and put my membership app. in at that time.

    Now, the next challenge (a personal one) is the libraries in Carson City and Reno that seem to think they are state owned and can prohibit the carry of firearms....

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    Loneviking wrote:
    Yes, thanks Varminter to you and the good folks over at Stillwater! Hopefully I'll make it over to the June meeting and put my membership app. in at that time.

    Now, the next challenge (a personal one) is the libraries in Carson City and Reno that seem to think they are state owned and can prohibit the carry of firearms....
    Way cool. Would be happy to have you join us.

    We currently have members in 10 or 11 of Nevada's 17 counties, and in three other states.

    We don't actively solicit membership, but we DO love to have many members from many places. When we lobby/testify before political groups (such as the Nevada legislature, local gov't, etc) it DOES help a LOT to say we represent XXX members! More is better!

    We did so in the 74th (2007) NV legislative session, and I think it safe to say we made a positive difference! And we plan to do it again in the 2009 legislative session.

    Our website is: www.stillwaterfirearms.org/ If interested, a membership application is downloadable there. Only $20 per year, and we pro rate (only $15 for mbrship now through Dec 31, 2008.)

    Thanks!

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

    Libraries. An interesting question which I've not given much thought.

    I don't know what law they would quote to say they can post/prohibit the open carry offirearms in libraries.

    But, for concealed carry, they would probably quote NRS 202.3673 (www.leg.state.nv.us/NRS/NRS-202.html#NRS202Sec3673)

    A CCW permittee can carry in public buildings, with exceptions.

    A public building is defined as any building or office space occupied by:

    (1) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or

    (2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

    A permittee shall not carry a concealed firearm while he is on the premises of(among other exceptions) a public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building.

    I would assume that most (if not all) libraries are owned by "State of Nevada or any county, city, school district or other political subdivision of the State of Nevada" - or is that a BAD assumption?? I never gave it much thought.

    So, it would appear to me that the only way to change the law to allow CCW in libraries would be to amend NRS 202.3673. Right?Wrong?

  6. #6
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    The library issue is an interesting one and you've quoted the correct statute that they have posted.

    The statutes here in Nevada are strictly construed, which means that 'concealed' refers only to concealed and not to open carry. I don't see any way that they can prohibit open carry.

    As for CCW it's a bit more interesting. What, exactly, is a 'political subdivision'? Counties and cities are expected in the listing---but school districts? Why are they specifically listed? A school district is run by a board of elected officials, and the property is owned by the city (same as a library)--so why single this out UNLESS the definition of a 'political subdivision' is not what most individuals would expect. I'm going to have to do some research over at the law library this week and see what I can come up with.



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    Loneviking wrote:
    The library issue is an interesting one and you've quoted the correct statute that they have posted.

    The statutes here in Nevada are strictly construed, which means that 'concealed' refers only to concealed and not to open carry. I don't see any way that they can prohibit open carry.

    As for CCW it's a bit more interesting. What, exactly, is a 'political subdivision'? Counties and cities are expected in the listing---but school districts? Why are they specifically listed? A school district is run by a board of elected officials, and the property is owned by the city (same as a library)--so why single this out UNLESS the definition of a 'political subdivision' is not what most individuals would expect. I'm going to have to do some research over at the law library this week and see what I can come up with.

    Had some time to do some searching online this morning and found this defintion of 'political subdivision':

    NRS 41.0305 to 41.039, inclusive, the term “political subdivision” includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C. § 2790 before that section was repealed and is included in the definition of an “eligible entity” pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, irrigation district, school district, governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental powers, and the governing body of a university school for profoundly gifted pupils.

    (Added to NRS by 1977, 455; A 1987, 95, 701, 740, 1395; 1989, 1723; 1993, 1210; 1995, 814; 1997, 1035; 1999, 3319; 2001, 826; 2005, 2429)

    I don't see how a library performs a governmental function and it certainly doesn't exercise general governmental powers. Curioser and curioser. The library regulations are found here:

    CITY LIBRARIES

    NRS 379.070 to 379.120, inclusive.

    [1:48:1956]—(NRS A 1967, 1063)

    NRS 379.105 Governing authority of city library: Governing body of city or trustees; powers and duties of governing authority.

    1. The governing body of the city shall determine whether:

    (a) To constitute itself the governing authority of the city library; or

    (b) To appoint a board of trustees as such governing authority.

    2. If library trustees are appointed, they and their successors shall:

    (a) Establish, supervise and maintain a library.

    (b) Appoint a librarian.

    (c) Hold and possess the property and effects of the library in trust for the public.

    (d) Submit annual budgets to the governing body of the city, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.

    (e) Establish bylaws and regulations for the management of the library and their own management.

    (f) Manage all the property, real and personal, of the library.

    (g) Acquire and hold real and personal property, by gift, purchase or bequest, for the library.

    (h) Administer any trust declared or created for the library.

    (i) Maintain or defend any action in reference to the property or affairs of the library.

    3. If appointed, the library trustees may:

    (a) Make purchases and secure rooms.

    (b) Authorize the merger of a city library with a county library district.

    (c) Do all acts necessary for the orderly and efficient management and control of the library.

    4. The governing authority has all the powers and duties with respect to the city library that district library trustees have with respect to a district library.

    (Added to NRS by 1959, 328; A 1965, 747; 1967, 1063; 1969, 493; 1981, 1001)




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    IMHO You will want to be careful on the issue of whether or not the libraryis established as a “political subdivision.”The Las Vegas Convention and Visitors Authority, for instance,is a "political subdivision" and as such bars CCW at Cashman Field and the Convention Center which it operates. I think the City or County, in establishing a Library under the authority of State law may make the same claim and that a judge would enforce that claim. I would not like to fight this in court. Just my very humble opinion, but I like to pick fights I can win.

    This would be better fought in the legislature IMO.

    Ken

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    CowboyKen wrote:
    IMHO You will want to be careful on the issue of whether or not the libraryis established as a “political subdivision.”The Las Vegas Convention and Visitors Authority, for instance,is a "political subdivision" and as such bars CCW at Cashman Field and the Convention Center which it operates. I think the City or County, in establishing a Library under the authority of State law may make the same claim and that a judge would enforce that claim. I would not like to fight this in court. Just my very humble opinion, but I like to pick fights I can win.

    This would be better fought in the legislature IMO.

    Ken
    True, and the legislature meets this next year. So, I want to know (exactly) what the basis for extendingthe prohibition to the libraries is. It would seem to be that a political subdivision is characterized by:

    Taxing authority

    AND

    Operations that are funded by tax dollars.

    Which would put the libraries within the definition of the political subdivision. I just find it very odd that OC is legal, CCW isn't and why? But perhaps, this is one sleeping dog that is best to just leave it alone.....

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    Wow, that's awesome! I'd be there if I wasn't moving!

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    Loneviking wrote:
    True, and the legislature meets this next year. So, I want to know (exactly) what the basis for extendingthe prohibition to the libraries is. It would seem to be that a political subdivision is characterized by:

    Taxing authority

    AND

    Operations that are funded by tax dollars.

    Which would put the libraries within the definition of the political subdivision. I just find it very odd that OC is legal, CCW isn't and why? But perhaps, this is one sleeping dog that is best to just leave it alone.....
    The LVCVA does not have/do either of these. They are a "political subdivision."

    "The LVCVA is unlike a typical convention and visitors bureau in that it is not a membership-based organization. The LVCVA is a quasi-governmental agency. ... Although a political subdivision of the State of Nevada, the LVCVA board is unique in that its 14 members include six representatives from the private sector."

    http://lvcva.com/about/mission-purpose.jsp

    Ken

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    Does anybody know if the ordinance passed or not?

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    calmp9 wrote:
    Does anybody know if the ordinance passed or not?
    I don't see anything online and probably won't until Friday at the earliest or maybe Monday/Tuesday.

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    This just in--Storey county is now officially OC, O.K.:

    http://www.nevadaappeal.com/article/...NEWS/348957158

    Kudos to Sheriff Jim Miller and District Attorney Harold Swaffordfor doing the right thing!

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    varminter22

    Do you guys have a pamphlet about OC in nevada? I want to create one, but don't know what exatly to use... referencing every law pertaining to the carry of fireams is like 7 pages, lol.

    Send me a PM if you can... or anyone else interested in making a pamphlet for NV.

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    Loneviking wrote:
    This just in--Storey county is now officially OC, O.K.:

    http://www.nevadaappeal.com/article/...NEWS/348957158

    Kudos to Sheriff Jim Miller and District Attorney Harold Swaffordfor doing the right thing!
    I can't believe it! The article has apparently already been yanked...

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    hhhhhhhhhhhhhhhhhhhh
    Last edited by CowboyKen; 08-14-2010 at 05:46 PM.

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    Thanks Ken!

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    Thanks, Ken. I was wondering when we would hear!

    Our efforts resulted in action!

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    Great news! Thanks to all those who had a part in this!

    Now if only the Clark County Commissioners and/or DA would listen to reason and obey the law?

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    CowboyKen wrote:
    State law allows for a resident who is not a felon or does not have a domestic violence conviction to carry a gun as long as it is not concealed.
    is that part of the article accurate? i don't think state law limits open carry to just legal residents. i'm pretty sure anyone who can legally own can legally OC in NV.

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    It is technically accurate but incomplete.

    By not prohibiting the open carry of firearms, residents are therefore "permitted" to do so. Others, of course, are as well, since the law is silent on the topic.

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    timf343 wrote:
    It is technically accurate but incomplete.

    By not prohibiting the open carry of firearms, residents are therefore "permitted" to do so. Others, of course, are as well, since the law is silent on the topic.
    that's what i thought. thanks.

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    njeske wrote:
    CowboyKen wrote:
    State law allows for a resident who is not a felon or does not have a domestic violence conviction to carry a gun as long as it is not concealed.
    is that part of the article accurate? i don't think state law limits open carry to just legal residents. i'm pretty sure anyone who can legally own can legally OC in NV.
    Please understand that I cut and pasted a news story. Please do not use newspapers (or the internet) for legal information/advice. Even the paste I did, in another thread, from the old AGs web site is not the law.

    I believe that Tim's comment is accurate.

    Ken

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    I'm fairly certain one not need be an NV resident, only not a felon.

    I have friends from California who open carry in NV and I can't imagine they're doing anything wrong (they're not felons, they legally possess their guns, etc.)

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