Person to Person Sales Question

Zed Snardbody · Jun 12, 2009

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I'm looking to purchase my second hand gun from one of my officer's husband.

Providing I'm satisfied with the weapon and it become mine, do I just need to take it into the nearest substation and register it or does the previous owner need to make the trip with me?

I was going to try and get in touch with the LVMPD tomorrow but being the weekend I wasn't sure. I'm in a bit of a rush. Its a good price but our work schedules conflict so Sunday is going to be the only real chance I'll get to examine the weapon and negotiate otherwise I'd have to wait and someone else might snag it from me, and that just wont do!

Pace · Jun 13, 2009

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Yes, you need to register it asap

HankT · Jun 13, 2009

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Pace wrote:

Yes, you need to register it asap

Gawd, I have to sympathize with the folks who live in places that require registration of a dman handgun when obtaining it.

That is not the way it should be. :X

Pace · Jun 13, 2009

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Pace
http://www.libertypace.com

Felid`Maximus · Jun 13, 2009

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The preemption laws actually specifically make way for an exception for Clark County, so under current state law the registration in Clark County is actually legal. (The preemption law allows registration to be grandfathered under certain circumstances so long as the registration was adapted to comply with the state's requirements, and Clark County was the only region with such registration to be grandfathered.)

All other local ordinances, except for the discharge of firearms however, are illegal.

HankT · Jun 13, 2009

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Felid`Maximus wrote:

All other local ordinances, except for the discharge of firearms however, are illegal.

That strikes me as areasonable exception to preemption. I can see the logic of that.

Felid`Maximus · Jun 13, 2009

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I wish they made exceptions for self-defense however. It should not be a crime to fire your weapon in justified self-defense but many localities say it is a crime to shoot a gun and do not make any exceptions, and many times the only exception is that law enforcement officers cannot be charged with discharge of a firearm.

Being convicted of a misdemeanor is a lot better than being dead or seriously injured though. And there is always the hope that they won't press charges.

Does anyone know of any protection against these being charged with discharge of a firearm after it has been determined that you acted in justified self-defense?

The revised statutes allow localities to

proscribe by ordinance or regulation the unsafe discharge of firearms.

North Las Vegas Municipal Code

9.32.110 Firing of weapon.

It is unlawful for any person to explode or fire any pistol, revolver, rifle, shotgun, or any other firearm within the limits of the city of North Las Vegas. (Prior code § 7.22.110)

Reno Municipal Code

Sec. 8.18.025. Discharge of firearms.
(a) Preamble. The Reno City Council finds and declares as follows: For purposes of this ordinance, Nevada Revised Statutes and the prohibition on the discharge of firearms within the city limits, all areas within the city limits of the City of Reno are deemed to be populated areas.
(b) It is unlawful for any person to discharge any gun, pistol or other firearm in or upon any of the public streets, highways, alleys or other public place, or in, upon or about any building, vacant lot, or anywhere within the limits of the city; provided that nothing herein shall prevent the establishment and running of a shooting gallery properly enclosed and permitted by license of the city council under an ordinance of the city; and provided further, that nothing herein shall apply to any sheriff, deputy sheriff, policeman or other peace officer, who shall discharge any pistol or firearm in the lawful exercise of the duties of his office.

Sparks Municipal Code

Section 9.66.020 Discharging firearms.

A. Except as provided in subsections B and C of this section, it is unlawful for any person to discharge any gun, pistol or other firearm in or upon any street, highway, alley or other public place, or in, upon or about any building or vacant lot, or any other place within the city.
B. Nothing in this section prevents the establishment and running of a shooting gallery properly enclosed and permitted by license of the city council under the provisions of Title 5 of this code.
C. Nothing in this section applies to any sheriff, deputy sheriff, policeman or other peace officer who discharges any pistol or other firearm in the lawful exercise of his duties.

Henderson Municipal Code: (this one protects self-defense)

8.98.061 Unlawful discharge of firearms within city limits, exceptions.
A. Pursuant to NRS 202.287, the entire area within the jurisdictional limits of the city of Henderson, except as provided in subsection 3 of this section, is designated as a populated area for the purpose of prohibiting the discharge of weapons.
B. Except as otherwise provided in subsection 3 of this section, it is unlawful for any person to wilfully discharge or cause to be discharged any pistol, gun or any other kind of firearm within the jurisdictional limits of the city of Henderson.
C. This section does not apply to:
1. A peace officer while engaged in the performance of his official duties;
2. One who discharges a weapon in lawful self-defense. A person who discharges a firearm while in his residence is presumed to have acted in lawful self-defense if he discharges the firearm towards one who he reasonably believes is committing a burglary or invasion of his residence.
3. That land and premises commonly known as the Henderson Police Pistol Range, 2400 Moser Street, Henderson, Nevada, and more particularly described as a portion of the Southeast Quarter of Section 36, Township 21 South, Range 62 East M.D.M. more particularly described as lying within the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) of Section 36, Township 21S, Range 62E.
4. That land and premises commonly known as the Pawn and Gun Shop, 1212 North Boulder Highway, Henderson, Nevada, and more particularly described as a portion of the North half (N 1/2) of the Northeast Quarter (NE 1/4) of Section 12, Township 22 South, Range 62 East, M.D.M., further described as follows:
Commencing at the Northeast corner of Section 12, Township 22 South, Range 62 East, thence South 0° 33' West 238.67 feet; thence North 89° 51' West, 1396.72 feet, to the true point of beginning; thence North 89° 51' West, 383.52 feet; to the Easterly right-of-way of Boulder Highway; thence South 42° 27' East, along the Boulder Highway right-of-way 264.91 feet; thence departing said right-of-way South 89° 51' East, along the North right-of-way line of King Street, 204.21 feet; thence North 0° 09' East, 195.00 feet to the true point of beginning.
Contains 1.32 acres or 57,306 square feet more or less.
5. That land and premises commonly known as the National Guard Armory shooting range, 680 Mountain View Road, Henderson, Nevada, and more particularly described as being the West 400 feet of the North 800 feet of that certain property conveyed to the State of Nevada Military District by deed recorded 8/12/69 in Book 969 as Instrument 0778359 in Clark County records.

Las Vegas Municipal Code

10.72.010 Limited to galleries. It shall be unlawful within the City limits, except in a regular licensed shooting gallery to wilfully discharge any pistol, firearm, air gun, musket, or instrument of any kind, character or description which throws a bullet or missiles for any distance by means of the elastic force of air or any explosive substance.

Carson City Codes (This one actually does protect self-defense)

8.12.010 Discharge of firearms unlawful.
1. It is unlawful for any person to fire off or discharge:
a. Any gun, rifle, pistol or other firearm, with the exception of shotguns, air rifles and B-B guns, within five thousand feet (5,000′) of any dwelling, building or other place of public resort within Carson City;
b. Any shotgun, air rifle or B-B gun within one thousand feet (1,000′) of any dwelling, building or any other place of public resort within Carson City;
c. Any gun, pistol, rifle, shotgun, air rifle, B-B gun or other firearm in, on or across any public road or highway;
d. Any gun, rifle, pistol, shotgun, air rifle or other firearm, without exception, within five thousand feet (5,000′) of the Carson River in the area between Deer Run Road Bridge and the McTarnahan Bridge site;
e. Any gun, rifle, pistol or other firearm, with the exception of shotguns, air rifles and B-B guns, within five thousand feet (5,000′) of the Carson River in the area between the McTarnahan Bridge site and the Douglas County line; provided, however, that the other limitations of subsections (a) and (b) shall apply to discharge of firearms within this area.
2. It is unlawful for any person to discharge rifled slugs from a shotgun within five thousand feet (5,000′) of any dwelling, building or other place of public resort within Carson City.
3. This section does not apply to peace officers or to persons shooting in any regularly established and lawfully authorized and licensed rifle range, gun club or shooting gallery or to any person lawfully discharging a firearm in protection of life or property.
(Ord. 1995-44 § 1, 1995: Ord. 1993-31 § 1, 1993: Ord. 1993-2 § 1, 1993: Ord. 1985-8 § 1, 1985: Ord. 1973-37 (part), 1973).

timf343 · Jun 13, 2009

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I think the answer lies in the NRS:

NRS 200.120 “Justifiable homicide” defined. Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of habitation, property or person, against one who manifestly intends, or endeavors, by violence or surprise, to commit a felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.

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NRS 200.200 Killing in self-defense. If a person kills another in self-defense, it must appear that:
1. The danger was so urgent and pressing that, in order to save his own life, or to prevent his receiving great bodily harm, the killing of the other was absolutely necessary; and
2. The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.

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NRS 200.275 Justifiable infliction or threat of bodily injury not punishable. In addition to any other circumstances recognized as justification at common law, the infliction or threat of bodily injury is justifiable, and does not constitute mayhem, battery or assault, if done under circumstances which would justify homicide.

In NRS 200.120, "violence or surprise", it seems to me, covers any felony in which I am the potential victim, as I don't know ahead of time a felony is going to be committed upon me, and it is thus a surprise.

To that end, the drawing and/or firing (infliction or threat) of a weapon is not punishable under NRS 200.275. Though not quite a castle doctrine, this law seems to be supreme over local laws.

In other words, it is unlawful to shoot at targets within the city limits, but it is not unlawful to inflict bodily injury upon a person within the city limits, if done under circumstances which would justify homicide.

Person to Person Sales Question

Zed Snardbody

Regular Member

Pace

Regular Member

HankT

State Researcher

Pace

Regular Member

Felid`Maximus

Activist Member

HankT

State Researcher

Felid`Maximus

Activist Member

timf343

Campaign Veteran