imported post
FMCDH wrote:
Gordie wrote:
Keep in mind that our State AG's office has recently come out with a statement that local ordinances are not overruled by state preemption laws. This is being fought, but until then you can expect no help from the AG's office if you are arrested on a local gun charge. This could be part of the problem, they may have been told that it is illegal to OC in their area.
So Nevada is following in the footsteps of Colorado? Please say it aint so!
I mean honestly, whats the point of preemption if any city, town or municipality can simply pass an ordinance? The entire point of preemption is to keep the laws uniform so you don't have to carry and study a rule book 5 inches thick every time you step out your front door.
Could you please cite a link to the AG opinion? I took a look through the 2008 and 2009 opinions but could not find anything to do with state preemption. What year was the opinion published? Here is a link to the Nevada AG web page....
http://ag.state.nv.us/main.htm
Here is the AG's statement:
http://ag.state.nv.us/about/faqs/firearms/carry.htm
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Can I carry a firearm on my person in Nevada?
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Currently, there are no State of Nevada statutes prohibiting the open carrying of firearms. However, in Nevada there are some local statutes prohibiting the carrying of loaded firearms within their jurisdictions.
Any person wishing to carry a firearm in open view – before doing so – is strongly encouraged to contact that jurisdictions’ law enforcement agency to determine if a statute against the open carrying of firearms does exist and that agency’s enforcement policy concerning the open carrying of firearms.
Caution! The open carrying of firearms – especially in congested urban areas – may be the cause of you being confronted by law enforcement!
Here is an e-mail recieved by a representative of the AG's office:
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
Hopefully this will be resolved in a timely matter.