I am a Nevada resident living in the City of Las Vegas. I am writing to ask for your help. I apologize in advance for the long read, but I believe the background and detail I'm providing is pertinent.
Having read the originally introduced version of the bill you sponsored (Thank you by the way!!), it seems quite clear to me the legislative intent of the Bill. The Legislative Counsel's Digest sums it up so even a regular guy like me, with no legal training whatsoever, can understand.
The final, enrolled version of the bill that passed both houses and was signed by the Governor includes additional language from the original version, and it seems like that additional text is to keep grandfathered Clark County's "Blue Card" registration of handguns. While I would have like to see that useless county ordinance disappear too, SB92 goes a long way in ensuring law-abiding Nevadans are not unknowingly breaking any local ordinances while peacefully carrying their firearms for self defense. The original bill, AB147 from 1989 is also pretty clear.
I have been in discussion with various local governments and the response is mixed. Most are IGNORING the state law and continuing to unlawfully enforce their own local ordinances upon otherwise innocent citizens.
In North Las Vegas, City Municipal Code 9.32.080 (http://municipalcodes.lexisnexis.com...GENERALLY.html
) states one may not be in possession of a firearm, whether loaded or not, while in their vehicle. Mayor Mike Montandon agrees that SB92's amendment to NRS 268.318 nullifies city code. However, he has been unsuccessful in getting the City Council to remove it from the books. And despite the Mayor's assertion that the law is nullified, North Las Vegas police state they continue to enforce the law selectively. They promise anyone with a CCW permit will not be cited, nor someone traveling to/from hunting or target practice. But this goes away beyond their authority as you, our representatives, have clearly limited that authority with no gray area.
In Boulder City, City Municipal Code 7.1.3 (http://www.sterlingcodifiers.com/cod...&keywords=
) states one may not be in possession of any firearms, loaded or not, within 1000 yards of any building (you can't even have them in your home under strict interpretation of that law!). City Attorney Dave Olsen confirms that NRS 268.318 preempts their law, but the Boulder City City Council has responded indicating they have "higher priority items" on their agenda and don't know if/when they'll get around to removing it. Until then, Boulder City Police Chief Thomas Finn has promised the local police will continue to enforce any laws on the books, including 7.1.3.
In Clark County, Code 19.04.060 allows for the establishment of rules and regulation for public parks. One of those "rules" they have implemented is no firearms permitted. Doesn't matter if they're loaded or not. Doesn't matter if they're concealed or not. Doesn't matter if they're safely in the trunk of your car while you attend a picnic. If you have a gun in a park, you're guilty of a misdemeanor. Clark County Park Police (Division Commander Roy Michael) confirms they will enforce this rule 100% on all citizens and if I have a firearm in the park, I'll be arrested, charged with a misdemeanor crime, and have my firearm seized.
As you can see, these rules and regulations are violations of state law (268.318 for cities and 244.364 for counties) but they don't care. They're blatantly ignoring the law, while threatening law abiding citizens with arrest for a peaceful, constitutionally protected activity. Citizens are not permitted to disregard laws with which they do not agree, why are local governments permitted to do so?
To make matters worse, the Nevada Attorney General seems to misunderstand the law too. Per this link on her web site, the AG confirms that local statutes are in effect and citizens are strongly encouraged to contact local law enforcement to determine whether they may possess a firearm. http://ag.state.nv.us/about/faqs/firearms/carry.htm
Doesn't that defeat the whole purpose of preemption? Preemption is supposed to make it EASIER to travel peacefully throughout the state without fear of prosecution for an unknown local statute.
I know it's probably too late in this session to introduce a new bill to fix this problem (by statutorily forcing local municipalities to remove the preempted statutes from their books) but your help with fixing the Attorney General's web site is a great start. And if possible, it would make a huge impact upon the opinions of the NLV Police, BC Police, and Clark County District Attorney if you are able to publicly confirm that the legislative intent of 2007-SB92 and 1989-AB147 is to preempt and eliminate all local ordinances regarding the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms (except the grandfathered Clark County Blue Card registration). If you're not able to issue an "official" statement, an email reply confirming the purpose of the law will also be quite useful.
Many thanks in advance for any replies I do receive.