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Thread: Washoe County Parks

  1. #1
    Regular Member john-in-reno's Avatar
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    Washoe County Parks

    I sent out a letter today to the Washoe county commissioners today and here it is.

    Greetings County Commissioners

    I wrote to you about 6 months ago pertaining to the possession of firearms in the Regional Parks and Open Spaces in Washoe county and I have not heard anything back from any of you as of yet, except for the auto reply from 2 of you stating you got the message.

    Please bare with me while I make my point

    Section 95.220 of the Washoe county ordinance states:

    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] (713 Adopted Date Jan 19, 1987 Jan 26, 1987)

    After looking thru the Washoe county website I see that this was last amended in Jan of 1987.

    In 1989, NRS 244.364 was added which limits the county’s ability to regulate firearms
    NRS 244.364Limited 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.
    2. A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.
    3. If a board of county commissioners in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13,
    1989, the registration of a firearm capable of being concealed, the board of county commissioners shall amend such an ordinance or regulation to
    require:
    (a) A period of at least 60 days of residency in the county before registration of such a firearm is required.
    (b) A period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase,
    gift or any other transfer.
    4. Except as otherwise provided in subsection 1, as used in this section:
    (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any
    explosion or other form of combustion.
    (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.
    (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.
    (Added to NRS by 1989, 652; A 2007, 1289)

    As you can see the Washoe County Ordinances are out of date, and need to be brought back into alignment to conform with state law before someone gets arrested in one of the county parks, and decides to sue the county for thousands if not hundreds of thousands of dollars and in these bad economic times and with the state, county, and city budgets getting smaller and tighter every day, I think it would be wise to research this for yourselves and fix this just like the city of Sparks has in Nov of 2010
    If you have any questions or comments don’t hesitate to contact me
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

    MOLON LABE

  2. #2
    Regular Member john-in-reno's Avatar
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    And here is one reply so far

    Thanks for your comments. I believe Washoe (or any local jurisdiction, for that matter) has the right and the ability to put in place regulations that are MORE restrictive than state law. I believe that is what we've done.

    John Breternitz

    Washoe County Commissioner
    District 1

    Office: 775 328 6110
    Cell: 775 742 4413

    P. O. Box 10836
    Reno NV 89510-0863




    Uggggg

    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

    MOLON LABE

  3. #3
    Regular Member The Big Guy's Avatar
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    Ask him to explain

    Ask the Commissioner to explain to you how NRS 244.364 Section 1 and 2 can possibly give them the right to regulate anything other than the discharge of firearms. Have him site to you the seciton of state law that grants them that authority when state law says they reserve all rights and "and no county may infringe upon those rights and powers". How can he read into that his local authority claim?

    Point him to the 1995 past Attorney Generals opinion, the City Attorney's of Sparks, Henderson and Boulder City. The opinion of the DMV.

    Ask him why county residents should follow county laws when the County Authorities do not follow state law?

    Be civil choking off the urge to point out his shortcommings as a human being..

    Also you need to go after your local D.A. to try to enlist him/her.

    Keep up the good fight.

    TBG

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    Quote Originally Posted by john-in-reno View Post
    Thanks for your comments. I believe Washoe (or any local jurisdiction, for that matter) has the right and the ability to put in place regulations that are MORE restrictive than state law. I believe that is what we've done.

    John Breternitz
    Um... Except for the part that says "...and no county may infringe upon those rights and powers."


    That's for posting this guys response. Is County Commissioner a voted upon position? If so, it's time to go.

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    Last edited by OC-moto450r; 08-02-2012 at 09:48 PM.

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    Regular Member john-in-reno's Avatar
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    fromSimon, Katy ksimon@washoecounty.us toMe
    ccWashoe County Commissioners <Commissioners@washoecounty.us>,
    "Doolittle, Doug" <DDoolittle@washoecounty.us>,
    "Lipparelli, Paul A." <PLipparelli@da.washoecounty.us>
    dateTue, May 24, 2011 at 5:51 PMsubjectFW: Potential Lawsuit and Loss of money for the countymailed-bywashoecounty.us
    hide details 5:51 PM (11 hours ago)

    Dear Mr. Blair,
    I am following up on behalf of the County Commissioners to let you know that we double-checked with the District Attorney's Office, and you are correct that NRS 244.364 reserves to the Legislature the rights and powers to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition, and no county may infringe upon those rights and powers. The County does have the power to regulate the discharge of firearms, and that will remain in our codes.
    As a result, a request to initiate a code change has been made to the District Attorney's Office, and will be processed as soon as practicable. We will continue to work with the public in our parks to make our park facilities safe and inviting for all members of the public. Thank you for making your concern known.
    Katy Simon, ICMA Credentialed Manager
    Washoe County Manager
    775.328.2077 (office)
    775.232.7077 (wireless)
    775.328.2037 (fax)
    P.O. Box 11130
    Reno, NV 89520
    ksimon@washoecounty.us

    Now that they admit this, Time to talk to them about the Library!
    http://washoecountygunrights.blogspot.com/

    *** I am NOT a Lawyer, and I DO NOT have any LEGAL EXPERIENCE OR QUALIFICATIONS ***

    MOLON LABE

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    Last edited by OC-moto450r; 08-02-2012 at 09:47 PM.

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    VERY GOOD! Excellent effort, good on you for staying the course.

    Quote Originally Posted by john-in-reno View Post
    fromSimon, Katy ksimon@washoecounty.us toMe
    ccWashoe County Commissioners <Commissioners@washoecounty.us>,
    "Doolittle, Doug" <DDoolittle@washoecounty.us>,
    "Lipparelli, Paul A." <PLipparelli@da.washoecounty.us>
    dateTue, May 24, 2011 at 5:51 PMsubjectFW: Potential Lawsuit and Loss of money for the countymailed-bywashoecounty.us
    hide details 5:51 PM (11 hours ago)

    Dear Mr. Blair,
    I am following up on behalf of the County Commissioners to let you know that we double-checked with the District Attorney's Office, and you are correct that NRS 244.364 reserves to the Legislature the rights and powers to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition, and no county may infringe upon those rights and powers. The County does have the power to regulate the discharge of firearms, and that will remain in our codes.
    As a result, a request to initiate a code change has been made to the District Attorney's Office, and will be processed as soon as practicable. We will continue to work with the public in our parks to make our park facilities safe and inviting for all members of the public. Thank you for making your concern known.
    Katy Simon, ICMA Credentialed Manager
    Washoe County Manager
    775.328.2077 (office)
    775.232.7077 (wireless)
    775.328.2037 (fax)
    P.O. Box 11130
    Reno, NV 89520
    ksimon@washoecounty.us

    Now that they admit this, Time to talk to them about the Library!
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  9. #9
    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by john-in-reno View Post
    fromSimon, Katy ksimon@washoecounty.us toMe
    ccWashoe County Commissioners <Commissioners@washoecounty.us>,
    "Doolittle, Doug" <DDoolittle@washoecounty.us>,
    "Lipparelli, Paul A." <PLipparelli@da.washoecounty.us>
    dateTue, May 24, 2011 at 5:51 PMsubjectFW: Potential Lawsuit and Loss of money for the countymailed-bywashoecounty.us
    hide details 5:51 PM (11 hours ago)

    Dear Mr. Blair,
    I am following up on behalf of the County Commissioners to let you know that we double-checked with the District Attorney's Office, and you are correct that NRS 244.364 reserves to the Legislature the rights and powers to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition, and no county may infringe upon those rights and powers. The County does have the power to regulate the discharge of firearms, and that will remain in our codes.
    As a result, a request to initiate a code change has been made to the District Attorney's Office, and will be processed as soon as practicable. We will continue to work with the public in our parks to make our park facilities safe and inviting for all members of the public. Thank you for making your concern known.
    Katy Simon, ICMA Credentialed Manager
    Washoe County Manager
    775.328.2077 (office)
    775.232.7077 (wireless)
    775.328.2037 (fax)
    P.O. Box 11130
    Reno, NV 89520
    ksimon@washoecounty.us

    Now that they admit this, Time to talk to them about the Library!
    Good job. Thank them and remind them that NRS 244.364 covers ALL county property and not just the parks.
    This includes county buildings and offices unless specifically excluded by state law.

    I'm not sure but does the City of Reno comply? If not, this can be used to get them to get with the program. Anyone up to that challnge?

    This I'm hoping will help with the battle against Clark County. We need other people to step forward in the effort and contact their city and county officials to get them onboard. It must be a resident of the city or county. Even if your local officials comply without prodding, we really need to have it in writing that they understand and comply with Nevada law. This can be used to force others to comply (Clark County, City of Las Vegas and N.L.V.). It would also greatly help in any current or pending litigation.

    TBG

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