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Thread: E-Mail to Spark City Attorneys office.

  1. #1
    Regular Member john-in-reno's Avatar
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    E-Mail to Spark City Attorneys office.

    City Attorney
    Chet Adams
    431 Prater Way
    Sparks, NV 89431
    Phone: (775) 353-2324
    Fax: (775) 353-1688
    E-mail: cadams@cityofsparks.us
    Mr Adams

    Nevada originally passed a preemption law in 1989, meaning that counties
    and municipalities such as sparks 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, I don't know if that was
    true here in sparks. However, in 2007, Senate Bill 92 amended the
    preemption law, removing all grandfathered ordinances with the exception
    of a handgun registration ordinance. Which only applies to Clark County

    This is now known as NRS 268.418 Limited authority to regulate firearms;
    restrictions concerning registration of firearms in city in county whose
    population is 400,000 or more.

    1. 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
    city may infringe upon those rights and powers. As used in this
    subsection, “firearm” means any weapon from which a projectile is
    discharged by means of an explosive, spring, gas, air or other force.

    There is also sections NRS 244.364 and NRS 269.222 that deal with county
    and unincorporated areas and are worded similar.


    Section 12.24.070 of the Sparks Municipal code states that

    A. Except as provided in subsection C, it is unlawful for any person to
    carry or wear a firearm in a city park.

    B. A "firearm" means any weapon with a caliber of .177 inches or greater
    from which a projectile may be propelled by means of explosive, spring,
    gas, air or other force.

    C. Nothing in this section prohibits the carrying or wearing of a
    firearm by a peace officer or the carrying of a firearm pursuant to the
    terms of a valid concealed weapons permit.
    (Ord. 1383 § 1 (part), 1983.)(Ord. 2339, Amended, 09/11/2006)

    This is directly in violation of State preemption laws passed in 1989
    and 2007, and Section 12.24.070 of the Sparks Municipal code should be
    repealed in its entirety to bring it back in line with State Law.


    I respectfully request that you advise all such departments that they
    remove this signage and instruct law enforcement that there is no law
    against such exercise of rights.

    As a law abiding citizen I wish to go about my business without
    interference with the comfort of knowing I am able to defend myself and
    my family.

    I look forward to your cooperation in this matter.
    Lets See If I get and intelligent response or one like the Henderson City Atty's office sent "The Big Guy"

  2. #2
    Regular Member john-in-reno's Avatar
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    Thank you very much for your input. I am away from my office today and have a full city council meeting on Monday.
    I agree with you that this is a matter of great importance and one that deserves immediate attention. I was not aware of this potential conflict in the law and I appreciate you briniging it to my attention.
    I have asked one of our attorneys to look into your concerns and report back to me with their research results. Please rest assured that I will independtly look into this as well and I will get back to you within a week with a response.
    As a gun owner and a CCW permittee myself , I beleive that all of our citizens enjoy the right to self defense and protection. I can garantee you that if I believe the City's ordinances conflict with Nevada law, I will ask that the ordinances be repealed.
    Thank you,
    Chet Adams
    Sparks City Attorney
    Copied from my email, spelling errors and all

    Sounds like this might be a good thing but we will see

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    So Clark County AG says that state preemption still allowes for "grandfathered" laws, but at the moment, Sparks AG initial (although not official) reaction is that city ordinances banning firearms in parks are invalid and should be removed from the books.

    Interesting.

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    Gun free zones save lives man....

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    Quote Originally Posted by Dangerfish View Post
    Gun free zones save lives man....

    Maybe so, but they are the WRONG lives . . .

  6. #6
    Regular Member The Big Guy's Avatar
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    Looks good so far...

    Quote Originally Posted by john-in-reno View Post
    Copied from my email, spelling errors and all

    Sounds like this might be a good thing but we will see
    Thank you for posting this. Assuming it turns out in our favor, I will use this against the City of Henderson, with your permission of course. I am still awaiting further response from the Henderson atty's office.

    TBG

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    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by The Big Guy View Post
    Thank you for posting this. Assuming it turns out in our favor, I will use this against the City of Henderson, with your permission of course. I am still awaiting further response from the Henderson atty's office.

    TBG
    If it works out in our favor, by all means use it or anything else I do to help out the Open Carry Community.

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    good response

    is sparks mayor still in maig? if so lets vote this guy in!

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    Quote Originally Posted by paintsnow View Post
    So Clark County AG says that state preemption still allowes for "grandfathered" laws, but at the moment, Sparks AG initial (although not official) reaction is that city ordinances banning firearms in parks are invalid and should be removed from the books.

    Interesting.
    I believe that would be the state Attorney general, although we have this issue in Clark County Parks as well.

  10. #10
    Regular Member john-in-reno's Avatar
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    The Response from the Sparks City Attorney

    On Fri, Aug 27, 2010 at 9:28 AM, Adams, Chet <cadams@cityofsparks.us> wrote:
    Mr. john-in-reno,
    The research conducted by this office indicates that the Nevada Legislature has preempted the ability of the City of Sparks to independently regulate the possession of firearms.
    Accordingly, this office will take the appropriate steps to ensure that Sparks ordinances do not conflict with Nevada law.
    Chet Adams
    Sparks City Attorney


    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

    MOLON LABE

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    Nothing more to say than. Great Job!
    I only wish I lived there to help keep this guy as the City Attorney.

  12. #12
    Regular Member The Big Guy's Avatar
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    Nice

    Chalk one up for the good guys

    TBG

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    Good work. This seems to fly in the face of the AG and clark county

  14. #14
    Regular Member Nevada carrier's Avatar
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    Please forward your e-mail communication with the sparks city attorney to the AG.

  15. #15
    Regular Member Sabotage70's Avatar
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    Quote Originally Posted by Nevada carrier View Post
    Please forward your e-mail communication with the sparks city attorney to the AG.
    And to all the ones that matter down here in Clark County.
    It's amazing how someone "gets it" and others just thumb there nose at it.
    EDC=XDm40 16+1+16+16

    RED DRAGONS!!!!

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    I think the others get it...They just have their own political opinions and thoughts on the matter and dont care what the law means or says.

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    Thank you for your work with the city on this matter!!!

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    Quote Originally Posted by john-in-reno View Post
    City Attorney
    Chet Adams
    431 Prater Way
    Sparks, NV 89431
    Phone: (775) 353-2324
    Fax: (775) 353-1688
    E-mail: cadams@cityofsparks.us


    Lets See If I get and intelligent response or one like the Henderson City Atty's office sent "The Big Guy"
    Is there anything in the Spark Municipal Code about regulating firearms discharges in city parks?

  19. #19
    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by calmp9 View Post
    Is there anything in the Spark Municipal Code about regulating firearms discharges in city parks?
    Nothing about Discharge in the parks section but there is something for the city in section 9.66.020

    PARKS

    Section 12.24.070 Firearms prohibited; Exceptions

    A. Except as provided in subsection C, it is unlawful for any person to carry or wear a firearm in a city park.

    B. A "firearm" means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.

    C. Nothing in this section prohibits the carrying or wearing of a firearm by a peace officer or the carrying of a firearm pursuant to the terms of a valid concealed weapons permit.

    (Ord. 1383 § 1 (part), 1983.)



    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.
    (1962 Code § 25.095.)

    Here is the link to the Sparks Muni code if you would like to research it http://www.ci.sparks.nv.us/governing/muni_code/
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

    MOLON LABE

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    Quote Originally Posted by john-in-reno View Post

    B. A "firearm" means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.
    Am I the only one to notice that this covers peashooters . . ?

  21. #21
    Regular Member john-in-reno's Avatar
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    Quote Originally Posted by DVC View Post
    Am I the only one to notice that this covers peashooters . . ?
    Quote Originally Posted by john-in-reno View Post
    B. A "firearm" means any weapon with a caliber of .177 inches or greater from which a projectile may be propelled by means of explosive, spring, gas, air or other force.
    Nop When I first saw that I was shaking my head, But then I thought BB Guns and Pellet guns kill to!
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

    MOLON LABE

  22. #22
    Regular Member rscottie's Avatar
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    The anti-gun legislation writers inclusion of BB Guns and Airsoft guns is a way of keeping young shooters from getting hooked on shooting and will lead to a smaller number of gun enthusiasts in the long run.

    There is a thread here somewhere where a teen is being charged with felonies for having two air guns at the library. He wasn't shooting anyone, he was reading when he was arrested.

    I only rarely got to shoot real firearms with my dad and spent most of my time with my Daisy 880 BB/Pellet gun. I actually wore one out when the seals started leaking. Shooting those Treasure Chest's of BB's added up.

    I think I need to take my nephews to the range soon!

  23. #23
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    Great job John, thanks for your efforts.
    Last edited by Felid`Maximus; 09-11-2010 at 01:44 PM.

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    Great job brother

  25. #25
    Regular Member john-in-reno's Avatar
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    Woo Hoo

    I have been keeping an eye on this since I started it and the Sparks City Council just passed bill 2625 repealing section 12.24.070 of the Sparks Muni Code


    Item that they approved pdf
    The Video should be up soon at http://www.ci.sparks.nv.us/about/sctv/archive/ and it should be about min 25 to 30 on the Nov 22 meeting

    Now time to start on the county!
    Last edited by john-in-reno; 11-22-2010 at 06:56 PM.
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

    MOLON LABE

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