Better late, then never?
Originally Posted by NRA-ILA
Clark County? Does this mean that the lawsuite is addressing registration?
“The NRA is committed to defending firearms preemption laws in every state where they exist,” said Chris W. Cox, NRA chief lobbyist. “Law-abiding gun owners shouldn’t be subjected to different laws when they cross city or county lines.
taken from the press release cited above
IMO, the NRA is not committed to defend anything. I've contacted them about my cities preempted laws. I've contacted them about a law which they helped pass in 2003. I've contacted them about several unconstitutional state laws.
Here is what started it all!
Stillwater Firearms Association
P. O. Box 665
J. L. Rhodes
December 12, 2007
District Attorney David Roger
200 S 3rd
Las Vegas NV 89155-9900
City Attorney Bradford Jerbic
400 Stewart Ave
Las Vegas NV 89101
City Attorney Carrie Torrence
2200 Civic Center Dr
North Las Vegas NV 89030
Sheriff Douglas Gillespie
3141 E Sunrise Ave
Las Vegas NV 89101
Chief Mark Paresi
1301 E Lake Mead Blvd
North Las Vegas NV 89030
Lady and Gentlemen,
As you know, the Nevada Revised Statutes concerning firearms law were recently amended in the 74th Legislative Session, effective October 1, 2007.
Among the changes were NRS 244.364, 268.418, and 269.222, which were amended to state:
Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county, city nor town may infringe upon those rights and powers.
Further, NRS 244.364, 268.418, and 269.222 state:
The governing body of a county/city/town may proscribe by ordinance or regulation the unsafe discharge of firearms. If the governing body of a city in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require: (a) A period of at least 60 days of residency in the city before registration of such a firearm is required. (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.
Lastly, Section 5 of Chapter 308, Statutes of Nevada 1989, at page 653, was amended to read as follows:
The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.
A board of county commissioners, governing body of a city and town board in a county whose population is 400,000 or more shall amend any ordinance or regulation adopted by that body before June 13, 1989, that does not conform with the provisions of NRS 244.364, as amended by section 1 of this act, NRS 268.418, as amended by section 2 of this act or NRS 269.222, as amended by section 3 of this act, as applicable, by January 1, 2008. Any ordinance or regulation that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law.
Clearly, handgun registration in Clark County was grandfathered, if amended to allow residents 72 hours and non residents 60 days in which to register.
In view of the phrase “… apply to ordinances or regulations adopted before, on or after June 13, 1989,” it is equally clear the law does not grandfather any other county/city ordinances; indeed, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada.
We have completed a review of Las Vegas and North Las Vegas municipal codes and Clark County code (at www.ordlink.com/codes/lasvegas/index.htm, http://municipalcodes.lexisnexis.com...egas/index.htm and www.ordlink.com/codes/clarknv/index.htm) and note the required changes are not reflected therein. Clearly, virtually all of the city/county firearms related ordinances (as posted at the above noted links) are now null, void and unenforceable.
Have the city/county ordinances been repealed/amended? Or is there a move afoot to do so as required by Nevada law? Have the sheriff and city police departments been informed that most of the ordinances are now, or on January 1, 2008 will be, null, void and unenforceable?
As we enjoy visiting your fine cities, the 424-member Stillwater Firearms Association and untold numbers of Clark County and Nevada law abiding citizens anxiously await your response.
I can be reached via email at firstname.lastname@example.org
J. L. Rhodes
See attachment (1)
I have high hopes we'll win this one now!
There were other letters and communications with Clarke Co. and North Las Vegas that were ignored or answered unsatisfactorily?
We experienced some problems here in Virginia when preemption passed. Most all were resolved without litigation trough efforts by VCDL and other Virginia firearms groups and active citizens.
Is it thought Clarke and North Las Vegas will now pass new ordinances/amend existing ordinances to avoid the cost of litigation?
Freedom has a taste to those who fight and almost die, that the protected will never know.
varminter22, You kick ass.
"You need only reflect that one of the best ways to get yourself a reputation as a dangerous citizen these days is to go about repeating the very phrases which our founding fathers used in the struggle for independence."
-- Charles A. Beard
Thanks Larry I recall you telling me last year this was in the works and we should hang on here in the south. Many thanks to really the only active gun group here in Nevada, Stillwater. They are up north but care about us all.
COMMENT REMOVED BY MODERATOR: Bashing of another gun rights organization
will this also address the prohibition of firearms in parks as well? Will the park prohibition be specifically debated or will it be left to interpretation? I would really like to have a bar-b-que and not leave my firearm at home while enjoying a rack of ribs,; yum.
But to a large degree, I take issue with that statement. The NRA is our largest and loudest voice - and they have done many great things.
I choose to remain a member and support their good work - and remind them when I do disagree.
As soon as I get my permit back I'm filing a similar lawsuit against the city where I live. They maintain preempted firearms laws on the books.
Maybe, just maybe, the Negotiate Rights Away is starting to feel a little heat from REAL gun-rights organizations, and maybe some of it's own members?
Nah, I don't have that much faith in humanity.