question on waiting period

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I do know this is an open carry forum, but I figured since there are so many legalists on the Nevada gun laws here on this sight, I figured I would ask.

The other day I was browsing around for a handgun. I went to one of the local shops, and the guy told me it would be a 3 day wait for the first hand gun, and I will be issued the blue card, and after that I would no longer have to wait. Now I have been doing some reasearch on the laws and have found out alot of things (mostly thanks to this site) and from what I read, the state of NV does not have a waiting period what so ever...so why would I have to wait for my first one? Is the state silent on this issue? If so, I can see the city/county creating an ordinance for a first handgun waiting period, but then they could also do the same with open carry, which they do not. Anyone have specific info?

Thanks.

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From what I understand, the 3-day wait should be preempted by the state, since that's regulating possession, which is specifically listed as off-limits to counties. I don't know if anyone else has really thought about that. If the county says that it's something to do with registering the first handgun, they're full of crap. The dealer submits the registration paperwork after you take possession anyways. I didn't even fill out the registration papers until I came to pick it up.

Unfortunately, to challenge this by action, we'd have to find a dealer that is willing to hand over the gun without waiting 3 days. I don't think many will help, since they don't want to lose their business licenses.

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Yea it doesn't make sense to me. But if there is no law, how would they lose their license? I am going to say something when I go pick one up. They do that NICS, which is instant...maybe they think people would change their mind, like if they want it for a crime? But even then I can't see them going against state preemption.

Also, if the dealer issues you the blue card, does that mean that specific gun is registered, or does it just mean you passed the background? do you have to go to Metro still? And is the blue card all that is needed to OC?

Thanks again

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inNV wrote:

Yea it doesn't make sense to me. But if there is no law, how would they lose their license? I am going to say something when I go pick one up. They do that NICS, which is instant...maybe they think people would change their mind, like if they want it for a crime? But even then I can't see them going against state preemption.

Also, if the dealer issues you the blue card, does that mean that specific gun is registered, or does it just mean you passed the background? do you have to go to Metro still? And is the blue card all that is needed to OC?

Thanks again

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The county will probably insist that the law is still valid, and of course is still on the books. A dealer that violates the law, no matter how illegal the law is, would risk retaliation from the county. If there isn't a specific criminal punishment listed, they'll probably just revoke their business license. For repeat "offenses" I'm sure they'll try to shut down the dealer.

The blue card is proof of registration of that specific gun (it includes the serial number). I currently have 5 blue cards. You don't have to carry the card, since there's no law requiring Metro to issue one to you. The law only states that the gun must be registered. You don't get anything as proof that you passed the background check. Except the gun, of course.

You do not have to go to Metro after the dealer gives you the card. The dealer will submit the paperwork to Metro for you. The only times you should have to go to Metro to register a gun are if you just moved to the county and brought some guns with you, or if it is a private party sale.

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Like Nazi Germany! Wel I guess you can't blame the dealers. Thank you for clearing all that up for me.

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The only way to end this is to hire a lawyer and go to court seeking injunctive relief. Get an injunction against the county and all of the gun dealers in the county. This would be expensive unless we could get someone like the NRA to do it.

As the three day thing is one time only, I don't see this happening.

Ken

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Agreed. The NV legislature preempted local ordinances such as this.

But in Clark County, there are a LOT of such ordinances. Many officials in Clark County REFUSE to abide by NV law.

Last I heard, the NRA has retained a law firm to fight this issue in Clark County. As one might expect, it will take time.

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The 3 day wait is only in Las Vegas (if memory serves me correctly).
Henderson and other areas of Clark County don't have a wait, at least they didn't.

If you already own a handgun register it, take the blue card with you when buying a gun from a FFL and avoid the wait period.

Las Vegas(Clark County) isn't going to give up the Blue card thing without a fight.

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CowboyKen wrote:

The only way to end this is to hire a lawyer and go to court seeking injunctive relief. Get an injunction against the county and all of the gun dealers in the county. This would be expensive unless we could get someone like the NRA to do it.

As the three day thing is one time only, I don't see this happening.

Ken

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Well when I get my law degree, I will see what I can do ;-)

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varminter22 wrote:

Agreed. The NV legislature preempted local ordinances such as this.

But in Clark County, there are a LOT of such ordinances. Many officials in Clark County REFUSE to abide by NV law.

Last I heard, the NRA has retained a law firm to fight this issue in Clark County. As one might expect, it will take time.

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Well that is good to hear.