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Thread: Clark County Unregistered Weapon

  1. #1
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    I looked through the 1st 5 pages and can't find anything related to the consequences of not registering your firearm. I live in Clark County and due to my own personal beliefs I choose not to register my firearms, however, what would happen if I was stopped by a LEO? Confiscate the firearm, arrest, jail time?

    I'm not asking for any advice on how to circumvent the law. I'm just curious as to what I might encounter as I never plan on registering any of my weapons. I firmly belive that registration leads to confiscation.

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    Call Metro'sCCW detail and ask, don't forget toask for acite/NRS.

    The only thing I could find was this fine.

    1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

    2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

    (Added to NRS by 1995, 2724)


    Edit:spelling
    "The Second Amendment similarly appears to contain an express limitation on the government's authority. If the Second Amendment is read to confer a personal right to 'keep and bear arms,' a colorable argument exists that the Federal Government's regulatory scheme, at least as it pertains to possession of firearms, runs afoul of that amendment's protections" (U.S. v. Printz, 1997) ~Clarence Thomas (SPJ)

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    Agent19 wrote:
    Call Metro'sCCW detail and ask, don't forget toask for acite/NRS.

    The only thing I could find was these fine.

    1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

    2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

    (Added to NRS by 1995, 2724)
    Thanks for such a quick response. I'm flying home to Vegasshortly so I don't have time to read all of this right now.

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    Agent19 wrote:
    Call Metro'sCCW detail and ask, don't forget toask for acite/NRS.

    The only thing I could find was these fine.

    1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

    2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

    (Added to NRS by 1995, 2724)
    This section of the law only applies to your CCW. It has nothing to do with firearms registration.

    There is no penalty in the law for failure to register the firearm, however what they would do if they found you with an unregistered weapon is beyond me.

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    Wow. A lot of misinformation here.

    Agent19's quote is related to someone who has been issued a CCW/CFP but does not have it in their posesssion while they are carrying a concealed firearm. Totally irrelevant to the question.

    h2ojunkie is wrong that there is no penalty. Here are the relevant sections of the Clark County Code:

    Code:
    12.04.110 Registration of pistols within seventy-two hours.
    
    Any resident of the county receiving title to a pistol, whether by purchase, gift, or any other transfer, and whether from a dealer or from any other person, shall, within seventy-two hours of such receipt, personally appear at the county sheriff’s office, together with the pistol, for the purpose of registering the same with the sheriff. It shall be the duty of the sheriff to register the pistol, and he may, and is hereby authorized to cooperate in any manner he sees fit with other law enforcement agencies, and with licensed dealers, relative to registration of pistols, so that efficient registration shall be secured at minimum cost and duplication. (Ord. 3571 §3, 2007: Ord. 242 §11, 1965)
    
    
    12.04.200 Registration of firearms capable of being concealed.
    
    It is unlawful for any person with at least sixty days of residency in the county to own or have in his possession, within the unincorporated area of Clark County, a pistol or other firearm capable of being concealed, unless the same has first been registered with the sheriff or with a police department of any of the incorporated cities of Clark County. (Ord. 3571 §4, 2007: Ord. 242 §20, 1965)
    
    12.04.220 Penalty for violation of Sections 12.04.010--12.04.210. 
    
    Any person who violates any of the provisions of Sections 12.04.010 through 12.04.210 is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine of not to exceed five hundred dollars, or by both. (Ord. 242 § 23, 1965)

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    simple...you go to hell..you go to hell and you die!!!! :what:

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    irish wrote:
    Thanks for such a quick response. I'm flying home to Vegasshortly so I don't have time to read all of this right now. In reading the first sectionmy interpretation and 1st instinct would be to tell the officer I just got back yesterday from another state where relatives reside and brought the firearm with me so it hasn't been in Clark County for 72 hours yet. Don't know if this would fly or not but it would be an arguable defense.
    Thanks to bobernet for posting the relevant code section. With the 72 hour rule, the burden of proof would be on the DA to prove it was here longer than 72 hours, and you're right, it would be a great defense with plenty of reasonable doubt.

    But I do disagree with your instincts here. NEVER talk to the police. LYING to the police is a crime, remaining silent is not. If he intends to cite you for a registration violation anyway, lying only compounds your potential problems.


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    Agent19 wrote:
    Call Metro'sCCW detail and ask, don't forget toask for acite/NRS.

    The only thing I could find was this fine.



    12.04.110 Registration of pistols within seventy-two hours.



    12.04.200 Registration of firearms capable of being concealed.

    12.04.220 Penalty for violation of Sections 12.04.010--12.04.210.

    I never stated my post answered his question.
    I said, it was the only fine I could find.

    I knew about these codes however, they didn't have a penalty/fine listed that I noticed.
    I didn't see the fine in 12.04.220 since it was written and not listed in $ sign.


    Have a nice day.
    "The Second Amendment similarly appears to contain an express limitation on the government's authority. If the Second Amendment is read to confer a personal right to 'keep and bear arms,' a colorable argument exists that the Federal Government's regulatory scheme, at least as it pertains to possession of firearms, runs afoul of that amendment's protections" (U.S. v. Printz, 1997) ~Clarence Thomas (SPJ)

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    bobernet wrote: [quote]Wow. A lot of misinformation here.

    Agent19's quote is related to someone who has been issued a CCW/CFP but does not have it in their posesssion while they are carrying a concealed firearm. Totally irrelevant to the question.

    h2ojunkie is wrong that there is no penalty. Here are the relevant sections of the Clark County Code:

    [code]

    Thanks for the code bobernet, do you know if 12.04.220 is new since the county updated the code this year to follow the state mandate?

    I remember reading the code last year trying to find the penalty for failure to register, and could not find any penalty in the county code.

    So either I missed it at that time, or they added the penalty in when they amended the code to the 72 hour resident/60 day non-resident instead of the old 24 hour it was last year.

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    timf343 wrote:
    NEVER talk to the police. LYING to the police is a crime, remaining silent is not. If he intends to cite you for a registration violation anyway, lying only compounds your potential problems.
    +1!

    The only things you should ever say when you are being investigated are: "Am I free to go?" and "I do not consent to this search/seizure of my property/person." (Note that while objecting to any search is a good idea, it is almost never a good idea to physically resist any search. Even when physical resistance is justified, it will almost certainly not end well for you.)
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

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    So the answer to the OPs question is loss of the weapon(s), lots of legal fees and, upon conviction, "imprisonment in the county jail for a term not to exceed six months or by a fine of not to exceed five hundred dollars, or by both."

    WOW! That hardly seems worth it to me.

    Ken

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    The consequences suck but ask the Jews, Cambodians, Chinese, Russians, etc. what happens when you register your firearms. I know, it can't happen here. Well think again and remember what happened in New Orleans with people's firearms being confiscated and in case you can't remember watch these videos.



    New Orleans gun confiscation videos: http://www.youtube.com/results?searc...n+confiscation



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    Irish,

    I agree 100%.

    Registration can lead to only one thing: confiscation.

    Can't happen in the U. S. A?? Of course it could. And it probably will if we don't educate and vote right. Maybe not in our lifetimes. Maybe not in the next generation. But it COULD happen.

    The problem is far reaching and will require legislative action to effect a fix.

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    I'm not going to comment on my personal feelings related to registration one way or the other. Never the less, this forum isn't the appropriate place to discuss or advocate breaking the law.

    Our intention is to affect change through legal means, and support each other in the legal exercise of our rights.

    My only practical comment to Irish would be that if you're that paranoid about gun confiscation and being tracked by Big Brother, I wouldn't suggest running around the Internet posting publicly that you intend to, and in fact are, breaking the law.

    The fact that you signed up with a pseudonym doesn't make you anonymous.

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    Can't agree more. Breaking the law is bad enough. Publicly discussing it is a whole new ball of wax. It's called conspiracy, and even conspiracy to steal a candy bar is a felony, while taking the candy bar is probably just a slap on the wrist. So if you have broken the law, will break the law, or are currently breaking the law, do yourself a favor and keep it to yourself!

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    I don't think anyone would advocate the violation of laws/ordinances.

    However, as specified in the ordinance, it is a misdemeanor.

    That said, "civil disobedience" is the term for not abiding by laws that are believed to be wrong. In reference to the handgun registration ordinance, I suspect there is MUCH civil disobedience in Clark County. It would be interesting, but impossible, to know just how much!

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    varminter22 wrote:
    I don't think anyone would advocate the violation of laws/ordinances.

    However, as specified in the ordinance, it is a misdemeanor.

    That said, "civil disobedience" is the term for not abiding by laws that are believed to be wrong. In reference to the handgun registration ordinance, I suspect there is MUCH civil disobedience in Clark County. It would be interesting, but impossible, to know just how much!
    Well said.

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    varminter22 wrote:
    I don't think anyone would advocate the violation of laws/ordinances.

    However, as specified in the ordinance, it is a misdemeanor.

    That said, "civil disobedience" is the term for not abiding by laws that are believed to be wrong. In reference to the handgun registration ordinance, I suspect there is MUCH civil disobedience in Clark County. It would be interesting, but impossible, to know just how much!
    Well said.

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    That law changed. You have at least 60 days to register it and you only have to if you are taking up residence in Clark county.

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    Count wrote:
    That law changed. You have at least 60 days to register it and you only have to if you are taking up residence in Clark county.
    If you are a resident already, you have 72 hours.

    12.04.110 Registration of pistols within seventy-two hours.

    Any resident of the county receiving title to a pistol, whether by purchase, gift, or any other transfer, and whether from a dealer or from any other person, shall, within seventy-two hours of such receipt, personally appear at the county sheriff’s office, together with the pistol, for the purpose of registering the same with the sheriff. It shall be the duty of the sheriff to register the pistol, and he may, and is hereby authorized to cooperate in any manner he sees fit with other law enforcement agencies, and with licensed dealers, relative to registration of pistols, so that efficient registration shall be secured at minimum cost and duplication. (Ord. 3571 §3, 2007: Ord. 242 §11, 1965)


    12.04.200 Registration of firearms capable of being concealed.

    It is unlawful for any person with at least sixty days of residency in the county to own or have in his possession, within the unincorporated area of Clark County, a pistol or other firearm capable of being concealed, unless the same has first been registered with the sheriff or with a police department of any of the incorporated cities of Clark County. (Ord. 3571 §4, 2007: Ord. 242 §20, 1965)

    12.04.220 Penalty for violation of Sections 12.04.010--12.04.210.

    Any person who violates any of the provisions of Sections 12.04.010 through 12.04.210 is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine of not to exceed five hundred dollars, or by both. (Ord. 242 § 23, 1965)
    This is with the change, before it was 24 hours whether you were a resident or not. It requied anyone who was in Clark County moe than 24 hours to register their guns, even tourists. To say that you have at least 60 days to register the gun is not the best way to put it. You can register it as soon as you like, but it must be done no more than 60 days after you arrive.

    Residency is defined as:


    NRS 483.141 “Resident” defined.

    1. “Resident” includes, but is not limited to, a person:

    (a) Whose legal residence is in the State of Nevada.

    (b) Who engages in intrastate business and operates in such a business any motor vehicle, trailer or semitrailer, or any person maintaining such vehicles in this State, as the home state of such vehicles.

    (c) Who physically resides in this State and engages in a trade, profession, occupation or accepts gainful employment in this State.

    (d) Who declares himself to be a resident of this State to obtain privileges not ordinarily extended to nonresidents of this State.

    2. The term does not include a person who is an actual tourist, an out-of-state student, a foreign exchange student, a border state employee or a seasonal resident
    If you live and work here, you are a resident, unless you fall into one of the exempted categories.






  22. #22
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    http://www.leg.state.nv.us/74th/Bills/SB/SB92_EN.pdf- read first paragraph of your state law.

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    Count wrote:
    http://www.leg.state.nv.us/74th/Bills/SB/SB92_EN.pdf- read first paragraph of your state law.
    I'm not sure to whom you're directing the above.

    But if you're referring to the initial question in this thread:

    I looked through the 1st 5 pages and can't find anything related to the consequences of not registering your firearm.
    by answering with the first paragraph of SB-92:
    244.364 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 county may infringe upon those


    rights and powers.
    then, that would be an incorrect answer.

    244.364 goes on to state:
    If a board of county commissioners 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 board of county


    commissioners shall amend such an ordinance or regulation to


    require:


    (a) A period of at least 60 days of residency in the county


    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 county upon transfer of title to the pistol to the

    resident by purchase, gift or any other transfer.
    And of interest and of utmost importance, SB-92 also amended Section 5 of chapter 308, Statutes of Nevada 1989, at page 653, to read as follows:
    1. Except as otherwise provided in subsection 2, the

    provisions of this act apply to ordinances or regulations adopted on or after 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.

    So, clearly the Legislature "grandfathered" Clark County's handgun registration scheme. Is that congruent with the U. S. and Nevada Consitutions? Well, no, I personally don't think so! But it is the law here.

    Perhaps the best answer to the original question concerning the "consequences of not registering your firearm" can be found in the Clark County Code (here: http://municipalcodes.lexisnexis.com/codes/clarknv/) which states:
    Any person who violates any of the provisions of Sections 12.04.010 through 12.04.210 is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail for a term not to exceed six months or by a fine of not to exceed five hundred dollars, or by both.
    However, theare are MANY other county and city ordinances relating to firearms that are, in my opinion, unlawful in accordance with NRs 244.364 and 268.418.

    Most firearms ordinances are unlawful and/or unnecessary:

    Clark County: http://municipalcodes.lexisnexis.com/codes/clarknv/

    City of Las Vegas: http://municipalcodes.lexisnexis.com/codes/lasvegas/

    City of North Las Vegas: http://municipalcodes.lexisnexis.com/codes/nolasvegas/

    City of Henderson: http://municipalcodes.lexisnexis.com/codes/henderson/

    However, the Clark County District Attorney's office disagreed with me in my assessment that most ordinances must be amended or repealed. This prompted me to forward the issue to the NRA.

    After careful thought, the NRA agreed with my assessment of the preemption law and hired a law firm to pursue the matter.

    The law firm has action "pending." It will be great to see what becomes of it.

    Some historical info: http://opencarry.mywowbb.com/forum36/6862.html

  24. #24
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    After the state law passed Clark county and Las Vegas changed their registration ordinances. The state law actually clearly states that theplaces that were grandfathered before are no longer grandfathered..... It also states that any city who didn't change their ordinance ref registration by a certain date is considered to have their ordinance null and void. The bottom line is that unless you reside in Las Vegas or Clark county you don't have to register your firearm.

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    Count wrote:
    After the state law passed Clark county and Las Vegas changed their registration ordinances. The state law actually clearly states that theplaces that were grandfathered before are no longer grandfathered..... It also states that any city who didn't change their ordinance ref registration by a certain date is considered to have their ordinance null and void. The bottom line is that unless you reside in Las Vegas or Clark county you don't have to register your firearm.
    I understand the above.

    BUT, be advised the Clark County District Attorney's office and City Attorneys DISAGREE that "The state law actually clearly states that theplaces that were grandfathered before are no longer grandfathered."

    They only agree that their handgun registration requirements had to be amended.

    They continue to believe the multitude of other firearms ordinances were grandfathered and hence, still in effect.

    The law firm retained by the NRA is working the issue.

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