NRA files preemption lawsuit aganist Clark County & North Las Vegas

Better late, then never?

NRA-ILA said:

NRA Files Suit Over Preemption Violation in Nevada
Friday, August 06, 2010

Fairfax, Va. – The National Rifle Association is backing a lawsuit filed against Clark County and the City of North Las Vegas in Nevada District Court. This lawsuit aims to defend the state’s firearms preemption law. NRA counsel filed suit on behalf of plaintiff David Hanes in the case Hanes v. Clark County and the City of North Las Vegas.

“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. Nevada's statewide preemption law was designed to prohibit this from occurring.”

Nevada originally passed a preemption law in 1989, meaning that counties and municipalities cannot pass gun laws that are more restrictive than the state law. Some gun ordinances in some parts of the state were “grandfathered” in at that time. However, in 2007, Senate Bill 92 amended the preemption law, removing all grandfathered ordinances with the exception of a handgun registration ordinance.

Unfortunately, to this day, the City of North Las Vegas has failed to fully comply with the amended law. Currently, despite the fact that it is perfectly legal to do so across the state, anyone transporting a firearm through North Las Vegas is in violation of a city ordinance and could face prosecution. David Hanes, a permit holder who frequently hunts and makes trips to the Clark County Shooting Park, is in violation every time he leaves the state-of-the-art, multi-million dollar shooting facility.

“It’s a shame that the City of North Las Vegas has failed to comply with state law and has put so many law-abiding gun owners in jeopardy of a citation just for exercising their Second Amendment rights,” concluded Cox. “The NRA will see this through to ensure that Nevada has a meaningful, statewide firearms preemption law.”

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quiet said:

Better late, then never?

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Hear hear!

Clark County? Does this mean that the lawsuite is addressing registration?

DON`T TREAD ON ME said:

Clark County? Does this mean that the lawsuite is addressing registration?

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No, the registration was specifically grandfathered in by the law. All other local ordinanaces were preempted though. The Nv. AG has refused to adress this, even though it has been being brought to her attention for over a year.

“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.

What started it all

Here is what started it all!

Stillwater Firearms Association
P. O. Box 665
Fallon NV
89407

J. L. Rhodes
President

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/codes/nolasvegas/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 varminter22@charter.net

Sincerely,



J. L. Rhodes

Copies to:

See attachment (1)
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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?

varminter22, You kick ass.

kwikrnu said:

“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.

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So as not to derail this thread, how about a new thread where you can post your communications to them?

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.

varminter22 said:

Here is what started it all!

Stillwater Firearms Association
P. O. Box 665
Fallon NV
89407

J. L. Rhodes
President

December 12, 2007

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Am I to understand this has been 2.5 years in the making?

kwikrnu said:

Am I to understand this has been 2.5 years in the making?

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Yes!

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.

kwikrnu said:

Am I to understand this has been 2.5 years in the making?

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Like Gordie said, "Yes."

Unfortunately, these things can take quite a long time. Legal review, retain law firm, find a superb plaintiff, assemble and file suit, etc.

No one likes that, but ...

Now we wait some more!

Vegassteve said:

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.

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Many thanks for the kind words, Steve.

DVC said:

The NRA is generally as useful as an afterburner on a turtle.

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I get aggravated with them once in a while too. Who doesn't? Ha.

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.

kwikrnu said:

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.

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Perhaps you might want to have an attorney send them a formal request/demand that they amend or rescind the laws.

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.