• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Clark County Unregistered Weapon

Gordie

Regular Member
Joined
Nov 4, 2008
Messages
716
Location
, Nevada, USA
imported post

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.
 

varminter22

Regular Member
Joined
Dec 19, 2007
Messages
927
Location
Fallon, Nevada, USA
imported post

Count wrote:
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,

[align=left]the Legislature reserves for itself such rights and powers as are[/align]

[align=left]necessary to regulate the transfer, sale, purchase, possession,[/align]

[align=left]ownership, transportation, registration and licensing of firearms and[/align]

[align=left]ammunition in Nevada, and no county may infringe upon those
[/align]

[align=left]
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

[align=left]population is 400,000 or more has required by ordinance or[/align]

[align=left]regulation adopted before June 13, 1989, the registration of a[/align]

[align=left]firearm capable of being concealed, the board of county[/align]

[align=left]commissioners shall amend such an ordinance or regulation to[/align]

[align=left]require:[/align]

[align=left](a) A period of at least 60 days of residency in the county[/align]

[align=left]before registration of such a firearm is required.[/align]

[align=left](b) A period of at least 72 hours for the registration of a pistol[/align]

[align=left]by a resident of the county upon transfer of title to the pistol to the[/align]
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

[align=left]
provisions of this act apply to ordinances or regulations adopted on or after June 13, 1989.[/align]

[align=left]2. The provisions of this act, as amended on October 1,[/align]

[align=left]2007, apply to ordinances or regulations adopted before, on[/align]
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
 

Count

Founder's Club Member
Joined
Mar 8, 2007
Messages
453
Location
, ,
imported post

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.
 

varminter22

Regular Member
Joined
Dec 19, 2007
Messages
927
Location
Fallon, Nevada, USA
imported post

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.
 

Count

Founder's Club Member
Joined
Mar 8, 2007
Messages
453
Location
, ,
imported post

That is correct. That's what I was told by the NRA lobbyist for your region.
 
Top