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Open Carry in Boulder City

Mad Viking

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The state legislature clearly preempts are local municipalities from controlling open carry. However, Boulder City still has a code on the books.

Boulder City Code

7-1-3: DISCHARGING FIREARMS, AIR GUNS:

No person except a sheriff, constable or police officer shall fire or discharge any firearms or air guns of any description within one thousand (1,000) yards of any building, street, sidewalk, alley, highway or other public place or have anyfirearms or air gun in his possession within one thousand (1,000) yards of any building, street, sidewalk, alley, highway or public place unless it is unloaded and knocked down or enclosed within a carrying case; provided, that this Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the City Council. This Section shall not prohibit the stocking of firearms by duly authorized dealers in the same. (Ord. 28, 1-3-1960, eff. 1-4-1960)



This code allows open carry as long as the weapon is "unloaded". However, it seems that even this restriction is illegal. Does anyone have any insight on the Boulder City case?
 
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