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repealed in its entirety to bring it back in line with State Law.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.
