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Thread: OC in parks in Clark County

  1. #1
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    I seem to recall that OC in all parks was made legal under state preemption, but the old void laws were still being enforced by park police.

    Are there any updates? Have they finally realized they cannot do that like NLV and Boulder city have?

    Or will i still have issues when OCing in a park?

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    Regular Member Sabotage70's Avatar
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    I'm sure as soon as Tim hears from the AG he will let us know. So far I haven't seen anything.
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    Does anyone know where the find the actual law off the top of their heads?

    I cant remember, and would like to know what would happen if you carried anyways. Do they consider ti a felony, or is it a misdemeanor.

    And how long ago did Tim contact them? I haven't seen anything on the subject for months.

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    Hi folks,

    Clark County prohibits guns in parks under ordinance 19.04.060. Check out the Clark County Park Police web site.

    http://www.accessclarkcounty.com/dep...rk_police.aspx

    There is nothing specific in municipal code, but I've been promised this is valid and I'll be kidnapped by park police, and my gun stolen, probably at gun point, and the DA would have to sort it all out. The DA confirms they would prosecute on this charge, but agreed to ask the AG for an opinion as to whether preemption overrides their rule.

    The DA promised in writing to abide by the official AG opinion. So if they come back agreeing that preemption overrides their rule, Clark County will lift the restriction, or at least cease to enforce it.

    The AG office has been working on this since July 5, 2009. I contacted the AG's office Monday and heard back from them that their official opinion is in "final review". Unfortunately, it's been in that same status since November. I've contacted them twice a month since then, and it's been the same status. It was apparently in Ms. Cortez-Masto's hands two weeks ago, but so far nothing has changed.

    I encourage everyone here to contact Ms. Ladich at the Attorney General's office. Her office is responsible for getting this letter released. Her number is 775-684-4606. Feel free to contact her and request to know when this opinion should be released.

    And there is no guarantee the AG is even going to interpret the law correctly. If they come back saying preemption does not override Clark County's municipal code, I'm afraid we're back to square one. We can try to lobby the Clark County commissioners, although that's very unlikely to be successful. But this could be a good thing.

    I suggest we go to the next legislature and explain that counties are still ignoring state law, claiming it's vague. We need something clear and strong. No more of this special exception nonsense for registration. No gun laws except state gun laws. Period. If Clark County is going to play this two faced game of "state law says we can have registration" but "state law is too vague about whether we can prohibit guns in parks" we force their hand on both.

    Reintroduce SB92 as originally introduced in 2007 and amend it to:
    Repeal NRS 244.364(3).
    Repeal NRS 268.418(3).
    Repeal NRS 269.222(3).

    This will eliminate Clark County's pistol registration and also and confusion as to what they can regulate.

    Tim

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    You know what i just realized....the Clark County Shooting Park...is a county park.

    Doesn't that mean it falls under the same law prohibiting the possession of a firearm in all county parks?

    Oops, am i looking at the right code?

    All is says is that "The board of commissioners by resolution shall adopt rules and regulations to govern the individual public parks of Clark County. The director of parks and recreation shall ensure that signs containing current rules and regulations are posted at the entrances of the appropriate public parks."

    So the actual code doesn't prohibit firearms, like the park police website says, it just allows each park to have its own rules.



  6. #6
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    19.04.060 doesn't say anything about guns. Instead, it states "The board of commissioners by resolution shall adopt rules and regulations to govern the individual public parks of Clark County. The director of parks and recreation shall ensure that signs containing current rules and regulations are posted at the entrances of the appropriate public parks."

    http://library.municode.com/HTML/162...9.04_19.04.060

    As such, each park can technically have different rules. The Clark County Shooting Park therefore has no rule prohibiting firearms.

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    In 8 weeks it will have been a full year since the AG Opinion was requested. I agreed to stay out of parks under threat of arrest, pending the release of this opinion. But a year is far too long, and seems now almost like a formulated delay tactic. I guess it's time to go back to the drawing board.

    The only way we can get this in front of a judge is to either face criminal charges or to be civilly harmed. I'll fill out a park reservation request to have an Open Carry picnic in June. I'll cross out the rule prohibiting firearms and put the purpose of the picnic is a "open carry get together in which citizens will be openly carrying loaded firearms."

    If the permit is approved, then so be it, we'll proceed with the picnic. If it's denied, we've been "harmed" civilly and have standing with the court. Clark County will be on the hook for keeping all of us out of parks for the last year, under threat of arrest.



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    timf343 wrote:
    In 8 weeks it will have been a full year since the AG Opinion was requested. I agreed to stay out of parks under threat of arrest, pending the release of this opinion. But a year is far too long, and seems now almost like a formulated delay tactic. I guess it's time to go back to the drawing board.

    The only way we can get this in front of a judge is to either face criminal charges or to be civilly harmed. I'll fill out a park reservation request to have an Open Carry picnic in June. I'll cross out the rule prohibiting firearms and put the purpose of the picnic is a "open carry get together in which citizens will be openly carrying loaded firearms."

    If the permit is approved, then so be it, we'll proceed with the picnic. If it's denied, we've been "harmed" civilly and have standing with the court. Clark County will be on the hook for keeping all of us out of parks for the last year, under threat of arrest.

    Tim when you do these things like get the forms fill them out etcc. I would love to film them for my blog I m putting together.

  9. #9
    Regular Member Sabotage70's Avatar
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    timf343 wrote:
    In 8 weeks it will have been a full year since the AG Opinion was requested.* I agreed to stay out of parks under threat of arrest, pending the release of this opinion.* But a year is far too long, and seems now almost like a formulated delay tactic.* I guess it's time to go back to the drawing board.

    The only way we can get this in front of a judge is to either face criminal charges or to be civilly harmed.* I'll fill out a park reservation request to have an Open Carry picnic in June.* I'll cross out the rule prohibiting firearms and put the purpose of the picnic is a "open carry get together in which citizens will be openly carrying loaded firearms."*

    If the permit is approved, then so be it, we'll proceed with the picnic.* If it's denied, we've been "harmed" civilly and have standing with the court.* Clark County will be on the hook for keeping all of us out of parks for the last year, under threat of arrest.

    I have one request. Can it be the last weekend of june. Or the first two. I will be up in Zion NP,OC of course, the third week and will not be able to attend.
    EDC=XDm40 16+1+16+16

    RED DRAGONS!!!!

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