RE: Nevada Attorney General Masto, Ethics Violations
I am writing you today because I am unsettled by misconduct that has occurred by Nevada Attorney General Masto. On 13 August, 2010, Attorney General Masto released an opinion to the Clark County District Attorney David Roger regarding the legitimacy and enforceability of a Clark County Code prohibiting the possession of firearms in county parks; which I have included along with a copy of SB 92 (2007).
Her interpretation of Nevada revised statutes was derived from NRS 244.364 as well as SB 92 (2007), and AB 147 (1989). Her interpretation was not complete or accurate by any means.
Attorney general Masto concluded that because Clark County Code 19.060.04 was enacted prior to 1989, Clark County’s Authority to regulate the possession of firearms was “grandfathered.” She is mistaken; please allow me to explain why. SB 92 (2007) Sec. 4 reads as follows:
Sec. 4. Section 5 of chapter 308, Statutes of Nevada 1989, at page 653, is hereby amended to read as follows:
1. Except as otherwise provided in subsection 2, the provisions of this act apply to ordinances or regulations adopted on or after June 13, 1989.
2. The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.
It is my assertion that her omission of this portion of SB 92 (2007) from her interpretation was deliberate and was done in an effort to pander to the whims of the Clark County District Attorney, The Clark County Parks and Recreation Commission and The Division Commander of the Clark County Park Police. I believe she knows very well that she is incorrectly interpreting Nevada Law and is facilitating an unlawful prohibition on firearms in Clark County Parks.
I am bringing this to your attention because it is my position that this is an offence for which she should receive sanctions. Her action may lead to the unlawful arrest, and conviction of private citizens. To put it simply, I believe Attorney General Masto should and must be disbarred and removed from the Office of Nevada Attorney General. Please take the necessary actions with respect to this egregious violation of ethics and the public trust