The Big Guy
Regular Member
The following is an email I sent to D.A. David Roger and the reply from Mary-Anne Miller of his office:
D.A. Roger
I am writing regarding an issue that is of great concern to me and many other citizens of Clark County. Over the past year I have been in contact with City Attorney Quillin and A.C.A. Zentz of Henderson with regard to the city’s enforcement of policies that are in direct violation of State Statutes. Namely signage on city buildings and parks. With involvement of Mayor Hafen and the City Council, they have determined that this signage and the enforcement thereof is in direct violation of state law. They have therefore agreed to amend these policies and change the signage to conform. I have great admiration for these City Officials as they are going against their personally held beliefs in order to follow current law. Below is a copy of an email I received from A.C.A. Zentz .
In addition the following authorities have also concluded that state preemption nullifies local ordinances and policies:
City Attorney David R. Olsen, Boulder City, NV.
City Attorney Chet Adams, Sparks, NV.
Chief Public Information Officer Tom Jacobs, Nevada Dept. of Motor Vehicles
Attorney General Frankie Sue Del Papa
Mr. Roger the same problem exists with the counties enforcement of policies and statutes in direct violation of state law NRS 244.364 established in 1989 and amended in 2007. As you know, the state preempted firearms regulations by local authorities except for the discharge thereof and the Clark County handgun registration scheme. State law prohibits the possession of weapons on School grounds, child care facilities, and anywhere the state legislature meets. There is no reference in state statutes to the carrying openly of firearms upon the person in government buildings or properties including parks.
I am asking that you advise the County Commission, Parks and Recreation Department, Sheriff Gillespie and all others responsible for policy and enforcement that the state has preempted local laws and that it is indeed legal to open carry firearms in and on County property. As a citizen of Clark County I expect that the elected officials and employees of the county follow the laws proscribed by the state legislature.
Sincerely
Jon T. (Tim) Low
Henderson NV
702 568 6923 work tel
timlow@cox.net
The folowing is the reply: (as expected)
Dear Mr. XXX,
District Attorney David Roger referred your inquiry to me, and ask that I explain the County's position on this matter. While some local ordinances regulating firearms were superseded in 2007 by Senate Bill 92, it was the determination of this office and the County, after thoroughly reviewing the legislative history, that Clark County remained "grandfathered" in, and that its ordinances were still enforceable. (The County's ordinances were amended to reflect a 60 day residency period before registration was required).
There was, and as evidenced by your work in this area, still is some disagreement about the enforceability of the County's ordinances. Because of the continuing controversy, this office sent our analysis of the issue and a request for an opinion to the Attorney General's office, for a decision on whether the County's ordinances were still enforceable. The Attorney General declined to provide an opinion. Litigation involving the interpretation of the County's ordinances and similar ordinances in North Las Vegas' was instituted by a private citizen, and North Las Vegas and the County raised the issue of being "grandfathered in" as a defense. The case against North Las Vegas and the County was dismissed on a procedural issue, so this issue has not yet been determined on its merits
It is my understanding that there is legislation pending before the Nevada Legislature which may resolve this issue. Until such legislation is enacted, or a Court rules these ordinances unenforceable, or the Board of County Commissioners voluntarily amends these ordinances, they remain enforceable.
I understand that this history may not be acceptable to you, but I wanted to give you the County's full legal position in response to your question. If you would like to read any of the briefs from the litigation that I mentioned above, please let me know, and I will be happy to email them to you.
Very truly yours,
Mary-Anne Miller
County Counsel
Office of the District Attorney
P.O. Box 552215
Las Vegas, Nevada 89155
702.455.4761
Mary-Anne.Miller@ccdanv.com
TBG
D.A. Roger
I am writing regarding an issue that is of great concern to me and many other citizens of Clark County. Over the past year I have been in contact with City Attorney Quillin and A.C.A. Zentz of Henderson with regard to the city’s enforcement of policies that are in direct violation of State Statutes. Namely signage on city buildings and parks. With involvement of Mayor Hafen and the City Council, they have determined that this signage and the enforcement thereof is in direct violation of state law. They have therefore agreed to amend these policies and change the signage to conform. I have great admiration for these City Officials as they are going against their personally held beliefs in order to follow current law. Below is a copy of an email I received from A.C.A. Zentz .
In addition the following authorities have also concluded that state preemption nullifies local ordinances and policies:
City Attorney David R. Olsen, Boulder City, NV.
City Attorney Chet Adams, Sparks, NV.
Chief Public Information Officer Tom Jacobs, Nevada Dept. of Motor Vehicles
Attorney General Frankie Sue Del Papa
Mr. Roger the same problem exists with the counties enforcement of policies and statutes in direct violation of state law NRS 244.364 established in 1989 and amended in 2007. As you know, the state preempted firearms regulations by local authorities except for the discharge thereof and the Clark County handgun registration scheme. State law prohibits the possession of weapons on School grounds, child care facilities, and anywhere the state legislature meets. There is no reference in state statutes to the carrying openly of firearms upon the person in government buildings or properties including parks.
I am asking that you advise the County Commission, Parks and Recreation Department, Sheriff Gillespie and all others responsible for policy and enforcement that the state has preempted local laws and that it is indeed legal to open carry firearms in and on County property. As a citizen of Clark County I expect that the elected officials and employees of the county follow the laws proscribed by the state legislature.
Sincerely
Jon T. (Tim) Low
Henderson NV
702 568 6923 work tel
timlow@cox.net
The folowing is the reply: (as expected)
Dear Mr. XXX,
District Attorney David Roger referred your inquiry to me, and ask that I explain the County's position on this matter. While some local ordinances regulating firearms were superseded in 2007 by Senate Bill 92, it was the determination of this office and the County, after thoroughly reviewing the legislative history, that Clark County remained "grandfathered" in, and that its ordinances were still enforceable. (The County's ordinances were amended to reflect a 60 day residency period before registration was required).
There was, and as evidenced by your work in this area, still is some disagreement about the enforceability of the County's ordinances. Because of the continuing controversy, this office sent our analysis of the issue and a request for an opinion to the Attorney General's office, for a decision on whether the County's ordinances were still enforceable. The Attorney General declined to provide an opinion. Litigation involving the interpretation of the County's ordinances and similar ordinances in North Las Vegas' was instituted by a private citizen, and North Las Vegas and the County raised the issue of being "grandfathered in" as a defense. The case against North Las Vegas and the County was dismissed on a procedural issue, so this issue has not yet been determined on its merits
It is my understanding that there is legislation pending before the Nevada Legislature which may resolve this issue. Until such legislation is enacted, or a Court rules these ordinances unenforceable, or the Board of County Commissioners voluntarily amends these ordinances, they remain enforceable.
I understand that this history may not be acceptable to you, but I wanted to give you the County's full legal position in response to your question. If you would like to read any of the briefs from the litigation that I mentioned above, please let me know, and I will be happy to email them to you.
Very truly yours,
Mary-Anne Miller
County Counsel
Office of the District Attorney
P.O. Box 552215
Las Vegas, Nevada 89155
702.455.4761
Mary-Anne.Miller@ccdanv.com
TBG