Sorr for the wall of text
john-in-reno:
Washoe County has the Relevant Ordinances that are in Conflict with Nevada Law NRS 244.364:
1. Washoe County Code 50.162, 2. Washoe County Codes 25.335/25.348, AND 3. Washoe County Code 95.220.
aadvark
P.S.: There may be others..., but that is all that I could find for the moment.
Thanks for the info as far as 50.162, if you read down to the next paragraph it states:
50.164 Exceptions. Sections 50.160 to 50.166, inclusive, do not apply to:
1. Any peace officer discharging a firearm or shining a spotlight in the necessary performance of his duties.
2. The discharge of a firearm in a shooting gallery or any designated pistol or rifle range.
3.
The discharge of a firearm or shining of a spotlight by any person or his agent in the necessary defense or protection of himself, his family or his property.
So that takes care of 50.162.
Washoe County Codes 25.335/25.348 deal with Private Patrolmen and Private Security Guards and Gaming Security Guards, i'm not to sure about this area, anybody else care to comment?
Washoe County Code 95.220 I did mention in my letter to all the Washoe County commissioners since i did not get and answer from the Washoe County DA's office.
Here is a copy of what I sent them
Dear Washoe County Commissioners;
Nevada originally passed a preemption law in 1989, meaning that counties such as Washoe County 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, I don't know if that was true here in Washoe County. 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 244.364 Limited authority to regulate firearms; restrictions concerning registration of certain firearms 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 county 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.
(Added to NRS by 1989, 652; A 2007, 1289).
There is also sections NRS 268.418 and NRS 269.222 that deal with municipality and unincorporated areas and are worded similar.
As you will see below, the county has ordnances on the books that are not in line with what the Nevada Legislature has passed in NRS 244.364. This is directly in violation of State preemption laws passed in 1989 and 2007, and Section 95.220 of the Washoe County Code should be reworded or repealed in its entirety as to bring it back in line with State Law.
I respectfully request that you advise all such departments that they remove any signage and instruct law enforcement that there is no law against such exercise of rights.
Also in 2007 the Nevada State Legislature passed NRS 414.155 which states;
[FONT="]NRS [/FONT][FONT="]414.155[/FONT][FONT="]Limitations on emergency powers relating to firearms.[/FONT][FONT="]Pursuant to Amendment II of the Constitution of the United States and
Section 11 of Article 1 of the Constitution of the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow:
1. The confiscation of a firearm from a person unless the person is:
(a) In unlawful possession of the firearm; or
(b) Unlawfully carrying the firearm; or
2. The imposition of additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of:
(a) Firearms;
(b) Ammunition; or
(c) Components of firearms or ammunition.
(Added to NRS by
2007, 358)[/FONT]
Again as you will see below, in sections 50.032, 50.034 and 65.330 are not in line with what the Nevada Legislature has passed in NRS 414.155 and should be reworded or repealed in its entirety as to bring it back in line with State Law.
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.
John T Blair
50.032 Sheriff's orders, during civil emergency, relating to certain businesses, activities.
1. A proclamation of a civil emergency issued by the sheriff shall not cover any part or portion of the county not reasonably necessary in controlling a civil emergency.
2. During the existence of a civil emergency by proclamation, the sheriff may, in the area prescribed by the proclamation, order:
(a) A curfew pursuant to section 50.028.
(b) The discontinuance of selling, distributing or giving away gasoline or other flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle or other containers of any kind except in connection with normal home use or legitimate commercial use.
(c) The closing of gasoline stations and other establishments the chief activity of which is selling, distributing or disposing of liquid flammables or combustible products.
(d) The closing of all retail intoxicating liquor stores.
(e) The closing of all establishments serving intoxicating liquor.
(f) The discontinuance of selling, distributing or giving away of any firearms or ammunition of any character whatsoever.
(g) The closing of any or all establishments or portions thereof the chief activity of which is the sale, distribution, dispensing or giving away of firearms of any character whatsoever.
3. The sheriff may issue such other orders as are necessary for the protection of life and property, and to maintain public peace.
[Part §6, Ord. No. 166]
50.034 Conduct which sheriff may prohibit during civil emergency. During the existence of a civil emergency by proclamation, the sheriff may, in the area prescribed by the proclamation, prohibit:
1. A number of persons, as designated by the sheriff, from assembling or gathering on the public streets or parks or other open areas of the county, either public or private.
2. The manufacture, transfer, use, possession or transportation of a fire bomb or any other device, instrument or object designated to explode or produce uncontained combustion.
3. The transporting, possessing or using of gasoline, kerosene or combustible, flammable or explosive liquids or materials in a glass or container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use.
4. The possession of firearms or any other deadly weapon by a person (other than a law enforcement officer) in a place other than that person's place of residence or business.
5. The sale, purchase or dispensing of intoxicating liquors.
6. The sale, purchase or distribution of firearms, ammunition or explosives of any character whatsoever.
7. The use of certain streets, highways or public ways by the public.
[Part §6, Ord. No. 166]
65.330 Emergency regulation and control.
1. If a declared state of emergency exists within the county, the board may, if it deems it necessary to maintain peace and protect the public, order and enforce the measures listed in subsection 2. If circumstances prohibit the timely action of the board, the county manager may, under the same circumstances, order the emergency measures listed in subsection 2 and shall report his or her actions to the board at its next regularly scheduled meeting.
2. Subject to the limitations imposed by subsection 1, the board or county manager may:
(a) Establish a curfew for the area designated as an emergency area which fixes the hours during which persons other than officially authorized personnel may be upon the public streets or other public places.
(b) Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area.
(c) Barricade streets and roads, as well as access points onto streets and roads, and prohibit or restrict vehicular or pedestrian traffic in the area.
(d) Prohibit the sale, distribution or giving away of gasoline or any other flammable or combustible product in any container except a gasoline tank properly affixed to a motor vehicle, or a type of container generally used in connection with normal home use or legitimate commercial use.
(e) Order the closing of all or portions of gasoline stations and other establishments which sell, distribute or dispose of liquid flammables or combustible products.
(f) Order the closing of retail intoxicating liquor stores.
(g) Prohibit the sale of intoxicating liquor.
(h) Prohibit the sale, distribution or giving away of firearms or ammunition.
(i) Order the closing of any or all establishments or portions thereof which sell, distribute, dispense or give away firearms, ammunition or explosives.
(j) Enter into contracts and incur obligations necessary to mitigate, prepare for, respond to or recover from emergencies or disasters.
(k) Redirect funds for emergency use.
(l) Suspend standard procurement procedures to obtain necessary services or equipment.
(m) Commit to mutual aid agreements.
Perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.
[§8, Ord. No. 706; Renumbered by Ord. No. 733; A Ord. No. 1326
eff. 4-6-07]
95.220 Firearms, archery devices: Possession or discharge in county parks.
1. Except as otherwise provided in this section, no person may possess or discharge any weapon from which a projectile may be propelled by means of explosive, spring, gas, air or other force in any county park.
2. The provisions of this section relating to possession or discharge of firearms do not apply if the firearm or archery device is possessed or discharged:
(a) At a designated shooting or archery facility owned and operated by the county; and
(b) Under the supervision and control of the range master at the facility.
3. Each range master may, upon approval of the director, adopt reasonable rules governing the possession and discharge of firearms and archery devices at the facility of which he is in charge, and all persons using the facility shall adhere strictly to those rules.
[§12, Ord. No. 229; A Ord. Nos. 437, 713]
*** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***