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State of Nevada oc law/North Las Vegas/ Boulder City?

2

28kfps

Guest
No answer to the question of posting a copy of the e-mail and no reply of any kind other than the first post. Looking a little suspicious.
 

Remmy

Regular Member
Joined
Jan 31, 2010
Messages
296
Location
Las Vegas, Nevada, USA
No answer to the question of posting a copy of the e-mail and no reply of any kind other than the first post. Looking a little suspicious.

I seem to remember reading somewhere, on either here or nevadashooters of a member getting an actual letter or email from the BC DA or some other authority stating they are now following state law. I wouldn't say fishy that the OP hasn't reposted this site can be a little intimidating at first :) I will do some searching to see if I can turn up such a letter from authority in BC about preemption.

*Edit to add in some resources I found.

Well I couldn't find the actual letter but found three threads about this, one of them Tim references another thread but since the forum move its unaccessible per the link and something tells me its in there that information is present. Moving along this thread talks about BC and some one on one face to face conversations with the city attorney

http://forum.opencarry.org/forums/showthread.php?65573-Boulder-city&highlight=boulder+city

Theres also two more threads on this on nevadashooters.com were members have had face to face conversations with the city attorney and Police Chief From reading these threads, the BC code is still on the books banning carrying of weapons within city limits but has been stated by their Chief of Police and their City Attorney they know their code is in violation of state law and will not be enforced.

http://nevadashooters.com/showthread.php?t=11107

http://nevadashooters.com/showthread.php?t=10990

Also, I have OCed in BC a few times, never did have an incident, I never saw LEO either so no way for me to say yes you will not have a problem. I do feel comfortable every time I OC there however. I guess we should try and get BC to remove their unconstitutional law from the books.
 
Last edited:

timf343

Campaign Veteran
Joined
Oct 3, 2007
Messages
1,409
Location
Las Vegas, Nevada, United States
The message I received from Dave Olsen, Boulder City Attorney. I used the NRS 239 law in order to require his response, since he had previously been ignoring my requests. I have bolded the appropriate sections.

Monday, March 10, 2008 6:00 PM

Mr. Farrell:

Your request for records is misdirected. Pursuant to NRS 239.0101.1.(b), I offer written notification to you that I am not the custodian of records for the City of Boulder City. I do not maintain any of the records you requested at my office. I seriously doubt that most of the records you requested ever existed or now exist. Furthermore, although I do not knowingly have any of the records you request in my custody, a significant part of the documents created by my office are the work product of my office would be subject to the attorney-client privilege and therefore confidential. In any event I don't have any of the records you seek and the proper contact for inspection or copying of Boulder City public records would be the Boulder City Clerk. The address of the City Clerk is Box 61350, Boulder City, Nevada, 89006-1350. The Clerk's telephone number is 293-9210. I stress that I am not denying your request. I am simply referring you to the proper source for such records in accordance with the statute.

You state that you are "aware of the opinion of" my "office that the ordinance should not be repealed." I have not published a formal opinion on the subject of Section 7-1-3 of the Boulder City Code. I have never taken a position that the ordinance in question should be repealed or upheld. Frankly, I agree with you that a portion of Section 7-1-3 has indeed been preempted by the legislature, but that the remainder is fully consistent with paragraph 2 of NRS 268.418 and therefore not preempted.

I would also suggest that it is also not within the scope of my authority to "instruct the police department on the enforceability of" any part of the Boulder City Municipal Code. The Chief of Police is the head of the enforcement arm of the law in Boulder City. If the Chief desires input from me he will ask for it. From time to time I may offer advice, but the authority to enforce the law in Boulder City rests exclusively with the Chief and his officers. I understand that the Chief has given you his perspective on the instant subject and that for all intents and purposes, your issue(s) with Section 7-1-3 are actually moot.

The matter of reviewing and possibly repealing all or part of the ordinance in question should be a matter for City Council consideration, but to my knowledge it is not a priority, due to other more pressing issues facing the City, and because our police officers are not fully enforcing it at the present time, as you were informed by Chief Finn..

Hopefully you understand that should you choose to bring a loaded weapon into the corporate limits of Boulder City, you cannot discharge it, for any reason, within 1000 yards of of any building, street, sidewalk, alley, highway or other public place. As clearly set forth in NRS 268.418,"the governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms." The City has proscribed by ordinance that it is unsafe for anyone other than a sheriff, constable or police officer to fire or discharge any firearms or air guns of any description within one thousand (1,000) yards of any building, street, sidewalk, alley, highway or other public place.

Under NRS 268.418, you may now be able to transfer, sell, purchase, possess, own and transport your firearms within Boulder City subject only to State regulation, but unless you're a sheriff, constable or police officer, and unless you're 1000 yards away from any building, street, sidewalk, alley, highway or other public place have the gun with you, but you just can't shoot it. In most cases, if you were to fire your gun in Boulder City, you'd be violating the part of Section 7-1-3 that the legislature specifically left to municipal regulation.



David R. Olsen, City Attorney
City of Boulder City
401 California Avenue
Boulder City, Nevada 89005
Office: (702) 293-9238
Fax: (702) 293-9438
 

heads united

New member
Joined
Sep 3, 2010
Messages
8
Location
boulder city, nevada
e-mail from boulder city attorney

Mr. Dieter,

I apologize for the delay in getting back to you. I field at least two questions a week from concerned gun owners wanting to know the situation regarding Boulder City's handgun regulations. I must have assumed that I'd contacted you. In any event I apologize for the delay.

As the City Manager has correctly informed you, the Nevada Legislature took action a couple of years ago to preempt local government with regard to the regulation of firearms. The State has the final say on all areas of handgun ownership and use with one exception. The State Legislature has reserved to the local governments the authority to regulate the discharge of firearms. In all other respects (concealed weapon permits, open carry, etc.) the Legislature has sole authority. On that basis, it is no longer unlawful in Boulder City for a person who has an appropriate permit from the sheriff of their county of residence to carry a concealed weapon in Boulder City, the Boulder City Code notwithstanding. We are in the process of amending our code to exclusively address discharge of firearms within the City, but as to concealed or open carry, my office will not prosecute anyone for violating the old City Code.

Hopefully this information answers your question. Feel free to contact me by telephone to discuss any further questions you might have.

David R. Olsen, City Attorney
City of Boulder City
401 California Avenue
Boulder City, Nevada 89005
Office: (702) 293-9238
Fax: (702) 293-9438
 

heads united

New member
Joined
Sep 3, 2010
Messages
8
Location
boulder city, nevada
from the boulder city manager

Vicki, thank you very much for the information you have provided me. The City Attorney replied to me today also. He assures me that his office will not prosecute anyone for breaking the old city code, the state law rules. That is all I needed to know, I wish to remain a law abiding citizen, again thank you for your time.


From: VMayes@bcnv.org
Sent: Tuesday, June 29, 2010 7:32 AM
To: Charles Dieter
Cc: DOlsen@bcnv.org
Subject: Re: gun laws Boulder City Nv ?



Charles:

I have (again) requested that the City Attorney reply more specifically to your question. I can tell you this . . . Boulder City has a gun ordinance that is not consistent with State law. Because it is in conflict with State law, the Boulder City law is not enforced by our local police department and our PD enforces the State law (which would be likely to prevail when a local law conflicts with State law). I've asked the City Attorney to prepare legislation that gets this outdated law off our books, and he is working on this change to present to the City Council for consideration. So, when in Boulder City you should be following the State law as it pertains to open carry and concealed carry. I had hoped that you'd get a legal answer from the City Attorney, instead of my personal experience answer to your question. I will copy City Attorney Dave Olsen on this e-mail so he can either confirm what I have indicated to you or correct me on this. I am sorry you've had to wait so long to get an answer to a simple question, and I understand you just want to make sure you are following the rules.

Vicki Mayes



Charles Dieter <cbdieter@hotmail.com>
06/28/2010 09:59 PM
To <VMayes@bcnv.org>
cc
Subject gun laws Boulder City Nv ?







Hello. I am not sure if you are receiving my e-mails or not. I have been trying to get a simple answer to a simple question about the laws or codes or whatever for carrying a handgun both open carry and concealed carry in Boulder City Nevada. Could you direct me to the dept. or person I should be contacting in this matter. I have contacted the Boulder City police dept. and got no response at all. I have contacted the city attorney who promised to give me the information more then a week ago. I never heard from him again either. I have contacted you several times and have not been getting any response either. So who in this city should I direct my question to. This seems very strange to me. Thank you for your valuable time.
 

heads united

New member
Joined
Sep 3, 2010
Messages
8
Location
boulder city, nevada
another e-mail to boulder city

Does the City have an answer to my question or should I stop bothering you with my question. I don't understand why I am not getting a simple answer to a simple question. Is there anyone else with authority to answer my question that I can contact in the City of Boulder?


From: Charles Dieter
Sent: Thursday, June 24, 2010 10:09 AM
To: VMayes@bcnv.org
Subject: Fw: Fw: info on boulder city gun laws


Hello, I am still waiting for the information I requested a couple weeks ago on this matter. Could someone kindly send this information to me asap, thank you very much for your time, sincerely, Charles Dieter


From: Charles Dieter
Sent: Friday, June 18, 2010 10:03 AM
To: DOlsen@bcnv.org
Subject: Re: Fw: info on boulder city gun laws


Dear sir, I am still waiting for the information you promised to send me earlier this week on gun laws. I'm sure you are very busy so this is just a reminder. I am still interested in this information. Sincerely, Charles Dieter. Thank you.


From: DOlsen@bcnv.org
Sent: Thursday, June 10, 2010 6:12 PM
To: cbdieter@hotmail.com
Cc: VMayes@bcnv.org
Subject: Re: Fw: info on boulder city gun laws



Mr. Dieter:

I would be happy to provide you with the information you are seeking. Expect to receive something from me the first part of next week.

David R. Olsen, City Attorney
City of Boulder City
401 California Avenue
Boulder City, Nevada 89005
Office: (702) 293-9238
Fax: (702) 293-9438


Vicki Mayes/bcnv
06/10/2010 08:56 AM
To Dave Olsen
cc
Subject Fw: info on boulder city gun laws






Dave:

Would you mind sending him a quick e-mail on this? I know that there is an inconsistency between BC Law and the State, but I can't remember the specifics. And, I thought that we didn't enforce our code because of this discrepancy. It also reminds me that we'll have to bring that code amendment before the city council sometime (again).

Vicki
----- Forwarded by Vicki Mayes/bcnv on 06/10/2010 08:55 AM -----
<cbdieter@hotmail.com>
06/08/2010 11:33 AM
To <citymanager@bcnv.org>
cc
Subject info on boulder city gun laws







The following message has been sent by: charles dieter from your BCNV
Email Processor.
*****************************************************************************
Name: charles dieter
Email: cbdieter@hotmail.com
Phone:

Subject: info on boulder city gun laws
Message: Hello, my family and I are residents of Boulder City, have
been since April of this year, so we are still pretty new. Last week I
e-mailed the city attorney and the Boulder City police depts seeking
information on gun laws in Boulder City. I would like some e-mail
information or a pamphlet mailed to my home if that is possible. I
understand the laws are different here then they are for the state of
Nevada in general. I would like information on open carry and concealed
carry laws. I am a law abiding citizen and would like to remain so. I have
not received a response from the city attorneys office or the police dept.
I'm sure they are very busy and maybe just haven't had time to respond
yet. Please let me know how I can obtain the information I am seeking.
Thank you for your time.
IP Address: 174.143.11.209
 

heads united

New member
Joined
Sep 3, 2010
Messages
8
Location
boulder city, nevada
and yet another e-mail to boulder city

Thank you for your response, I will be looking forward to hearing from the city attorney 's office on this matter.


From: VMayes@bcnv.org
Sent: Thursday, June 10, 2010 8:55 AM
To: cbdieter@hotmail.com
Subject: Re: info on boulder city gun laws



We have a code on our books that is not consistent with State law, and we are in the process of amending the code. It is my understanding that this law is not enforceable because of its inconsistency with State law (which preempts local law), but I'm going to ask the City Attorney to respond to your e-mail to insure you have accurate information.

Vicki G. Mayes, City Manager
City of Boulder City

Integrity, Fiscal Responsibility, Professional Excellence, Caring Attitude, Accessible and Responsive


<cbdieter@hotmail.com>
06/08/2010 11:33 AM
To <citymanager@bcnv.org>
cc
Subject info on boulder city gun laws







The following message has been sent by: charles dieter from your BCNV
Email Processor.
*****************************************************************************
Name: charles dieter
Email: cbdieter@hotmail.com
Phone:

Subject: info on boulder city gun laws
Message: Hello, my family and I are residents of Boulder City, have
been since April of this year, so we are still pretty new. Last week I
e-mailed the city attorney and the Boulder City police depts seeking
information on gun laws in Boulder City. I would like some e-mail
information or a pamphlet mailed to my home if that is possible. I
understand the laws are different here then they are for the state of
Nevada in general. I would like information on open carry and concealed
carry laws. I am a law abiding citizen and would like to remain so. I have
not received a response from the city attorneys office or the police dept.
I'm sure they are very busy and maybe just haven't had time to respond
yet. Please let me know how I can obtain the information I am seeking.
Thank you for your time.
IP Address: 174.143.11.209
 

heads united

New member
Joined
Sep 3, 2010
Messages
8
Location
boulder city, nevada
my e-mail correspondence with boulder city

Sorry it took so long to post the e-mails with Boulder City. I hope this is what you wanted from me. It took awhile but I did get a response from the City. Hope this information is helpful. Thankx for all the response, Buzz H*E*A*D*S* - United.
H*=human E*=endeavors A*=against D*=dehumanizing S*=socialists - United=together, non-violent info.
 

merle

Regular Member
Joined
Sep 9, 2009
Messages
109
Location
Tahoe, Nevada, USA
Ya know, I hop over to the CA forums and get to listen to their gripes but...

"We have a code on our books that is not consistent with State law, and we are in the process of amending the code. It is my understanding that this law is not enforceable because of its inconsistency with State law (which preempts local law), but I'm going to ask the City Attorney to respond to your e-mail to insure you have accurate information. "

Makes me like the people who live in NV.

Yes, I know it's still on the books, and it shouldn't have been there after the NRS was implemented, and the communication process could have been better

But without a lawsuit, there are some seriously dumbass laws floating around and being able to have a discussion(albeit long drawn out) on the subject and get someone of "power" to recognize the need to change it...

Yeah, I do like NV and find more and more reasons to like it (like being able to email someone at the DMV and actually get a human response).
 

heads united

New member
Joined
Sep 3, 2010
Messages
8
Location
boulder city, nevada
Just a little on CCW in Nv.

You know I don't understand why, in order to get a ccw permit in Nv. a person that is an x police officer, and an x marine, who has had plenty of hands on with weapons would have to go through a self defense course unless there is a revenue factor involved. Florida would issue a ccw with proof of the above mentioned without a self defense training course. Now that Nevada doesn't recognize Florida's ccw any longer because Florida has a renew at 7 years instead of 5 years like Nevada has, you have all this extra unnecessary stuff to deal with and Nevada gets it's due revenue. Florida issues permits for $75.00 plus fingerprinting fees, (which should not be necessary if you are an x police officer and an x military person, because these are still on file with big brother), never the less, it is a far cry cheaper then Nv., so I guess it is a revenue thing for Nv, but what a wacky excuse( Florida's 7 year renewal verses Nv.'s 5 year renewal, pretty ridiculious don't ya think?) What can we do about this?
 

CowboyKen

Regular Member
Joined
May 31, 2007
Messages
524
Location
, ,
You know I don't understand why, in order to get a ccw permit in Nv. a person that is an x police officer, and an x marine, who has had plenty of hands on with weapons would have to go through a self defense course unless there is a revenue factor involved. Florida would issue a ccw with proof of the above mentioned without a self defense training course. Now that Nevada doesn't recognize Florida's ccw any longer because Florida has a renew at 7 years instead of 5 years like Nevada has, you have all this extra unnecessary stuff to deal with and Nevada gets it's due revenue. Florida issues permits for $75.00 plus fingerprinting fees, (which should not be necessary if you are an x police officer and an x military person, because these are still on file with big brother), never the less, it is a far cry cheaper then Nv., so I guess it is a revenue thing for Nv, but what a wacky excuse( Florida's 7 year renewal verses Nv.'s 5 year renewal, pretty ridiculious don't ya think?) What can we do about this?

You should take up your issues with http://www.nvsca.com/, this is who makes the rules for ccw permit requirements in Nevada. You can address your questions/issues to:

Frank Adams, Executive Director
P.O. Box 3247 Mesquite NV 89024
(866) 266-9870 FAX (702) 346-0693

He is in charge.

Ken
 

heads united

New member
Joined
Sep 3, 2010
Messages
8
Location
boulder city, nevada
Just courious, trying to start a conversation.

Thanks Ken, I'll look into that. I was posting this to start some chat about the subject, because it all sounds so insane to me, I just wondered how others felt and whether or not I had a point. Thanks for the info though.
 

endowed

New member
Joined
Oct 21, 2010
Messages
4
Location
las vegas
Can someone point/link me to something official from NLV about the ordinance that prohibits openly carrying for self-defense in a vehicle being understood to be preempted by State Law? Wife likes to shop there now and I'm not always gonna be around to go with her. Something in writing from the PD or their DA would be nice. Does it exist... yet?
 

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
Can someone point/link me to something official from NLV about the ordinance that prohibits openly carrying for self-defense in a vehicle being understood to be preempted by State Law? Wife likes to shop there now and I'm not always gonna be around to go with her. Something in writing from the PD or their DA would be nice. Does it exist... yet?

Go to the post called (( Open carrying on your hip while driving)) started on 10/13/2010
Felid Maximus and Nevada Carrier, have a lot of knowledge on NV- laws.

Robin47 :)
 
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