Dear Mr. Xxxx:
Your e-mail to the Nevada Attorney General’s Office has been forwarded to me for review and response.
This office is very much aware of NRS 268.418, NRS 244.364, and NRS 269.222. Basically these state statutes are supremacy legislation over the local statutes governing the regulation of firearms (with the exception of the no shooting / no discharge of firearms authority). From the time of the enactment of these statutes, the Nevada State Legislature is now the controlling authority over local firearms statutes.
Strict constructionist reading of these statutes shows that there is no language repealing any local statutes regarding firearms; again, just the supremacy language. Hence all existing local firearms statutes at the time of this legislation are “grandfathered” in, including your reference to the Clark County ordnance requiring handgun registration (and any other local firearms’ statute).
An excellent example of the Nevada State Legislature as the controlling (supremacy) authority over local firearms statutes is Nevada Senate Bill 92 (Statutes of Nevada, Page 1289, amending NRS 244.364). This is the legislation that changed the handgun registration requirements in Clark County.
In more simple terms, at the time of the enactment of these statutes, the State of Nevada took control of local firearms’ statutes. The State of Nevada, in taking control of these local firearms’ statutes, did not repeal them! Nor is there any conflict with local and state statues.
These local firearms’ ordinances still in effect! That is why there is the conditional statement on the Nevada Attorney General’s website urging caution about the possibility of local ordnances prohibiting the open carrying of firearms.
All existing local firearms statutes, as they now read, they are legal and enforceable unless amended or repealed by the Nevada statute. Hence, there is no “faulty claim” to be corrected andyour interpretation of NRS 268.418, NRS 244.364, and NRS 269.222 is not correct.
Thank you contacting the Nevada Attorney General’s Office concerning this matter.
John C. Berrier
Legal Researcher – Criminal Division
Office of Nevada Attorney General
100 N Carson Street
Carson City, NV 89701
Telephone: (775) 684-1240