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Thread: Lets go straight to the horse's mouth.

  1. #1
    Regular Member CSINEV's Avatar
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    Lets go straight to the horse's mouth.

    Question,

    Nevada Senator John Lee was the key sponsor of the Nevada law on state presumption of authority to regulate guns in Nevada right? So why don't we ask him for a letter stating that his intent was to empower the state and not the city municipalities with regard to where guns could be carried. And further that it specifically allows for guns to be in vehicles. Thus making the North Las Vegas ordinance illegal. And that this ordnance cannot be, "Grandfathered in", by law. In Nevada when ever there is disagreement over a contract between two parties, the law states that the author of the contract shall have final explanation as to its meaning and intent. What is a law if not a contract between the government and the people.

    Thoughts?
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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by CSINEV View Post
    Question,

    Nevada Senator John Lee was the key sponsor of the Nevada law on state presumption of authority to regulate guns in Nevada right? So why don't we ask him for a letter stating that his intent was to empower the state and not the city municipalities with regard to where guns could be carried. And further that it specifically allows for guns to be in vehicles. Thus making the North Las Vegas ordinance illegal. And that this ordnance cannot be, "Grandfathered in", by law. In Nevada when ever there is disagreement over a contract between two parties, the law states that the author of the contract shall have final explanation as to its meaning and intent. What is a law if not a contract between the government and the people.

    Thoughts?
    Good thought, however DA Roger and sheriff Gillespie have made it clear they don’t care what anyone’s interpretation of the law is and AG Masto has backed them up with a very twisted reading of said law. The only things that will change County policy and the cities of Las Vegas and N. Las Vegas is either a change in law at the local level, or the state law being clarified via legislation. A complete change in local government officials to people who will do the right thing. A court case but unfortunately someone has to get arrested first and put up big bucks to fight it. I'm thinking a voter challenge might be the best way to go with a ballet initiative.

    What we need is a law like the new FL law that fines local polititians who don't follow the state preemptions.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

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    Quote Originally Posted by The Big Guy View Post
    Good thought, however DA Roger and sheriff Gillespie have made it clear they don’t care what anyone’s interpretation of the law is and AG Masto has backed them up with a very twisted reading of said law.
    However, such a letter would be very useful in the court of public opinion.

    When those charged with enforcing law refuse to obey law, the first step in remedy is to put them in the spotlight.

    You guys down in the Sharp End have a serious problem with your law enforcement leadership. ANYTHING which weakens their hold on power is worth doing.

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    Quote Originally Posted by DVC View Post
    However, such a letter would be very useful in the court of public opinion.

    When those charged with enforcing law refuse to obey law, the first step in remedy is to put them in the spotlight.

    You guys down in the Sharp End have a serious problem with your law enforcement leadership. ANYTHING which weakens their hold on power is worth doing.
    That is a true statement DVC, I have been doing Legislative intent research for my case on fees and costs, I have been learning a lot. I intend to delve into it soon (the AG) surely did not. I know how to get the transcripts and testimonies on all commitees and meetings. if someone is interested I will certainly work with them.

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    Regular Member The Big Guy's Avatar
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    Quote Originally Posted by DVC View Post
    However, such a letter would be very useful in the court of public opinion.

    When those charged with enforcing law refuse to obey law, the first step in remedy is to put them in the spotlight.

    You guys down in the Sharp End have a serious problem with your law enforcement leadership. ANYTHING which weakens their hold on power is worth doing.
    You have a very good point. I hold the opinion that anything anyone does to put up the good fight is well worth it. Nothing will be changed overnight. We will have to chip away at it. It will take many people coming at these problems from many angles to score victory in the end.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

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    Regular Member CSINEV's Avatar
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    Letter to Senator Lee

    Dear Senator Lee

    I am a native to the Las Vegas Valley and a resident of North Las Vegas. I'm also a small business owner and married father of three wonderful children. It has recently come to my attention that the city of North Las Vegas is enforcing and refusing to remove and ordinance that prohibits the legal carrying of firearms within your vehicle while inside the city limits of North Las Vegas. It is my understanding that Nevada law does not allow for city municipalities to make or enforce such laws. And that Nevada law specifically out lines rules for carrying firearms in your vehicle.

    As a business owner I am called to perform my duties 24hrs a day and I could be in any place within the valley working day or night. It is not uncommon for me to receive hundreds or even thousands of dollars in cash for payment when I am completed with my work. It is also not uncommon for me to be in areas such as H st. and Lake Mead Blvd. or 6Th St. and Owens. Some areas are so bad I have even had to hire a person to just stand by my truck while I go about my work. The fact that I cannot carry my gun in my work truck simply because I live in North Las Vegas is of grave concern to me. While I am in the process of getting a CCW that is going to take time and money. Honestly why should I have to pay money and take a class just to be able to exercise my 2ND amendment and State rights?

    I am calling on you for your help. Since you were the primary sponsor of the state law would you please send a letter to Mayor Buck and the rest of the North Las Vegas City counsel explaining to them your intent of the law was not to allow them to continue regulating firearms with the exception of discharging within city limits. And that if they refuse to remove the city ordinance and begin complying with state law. You will have no other choice but to return to the legislation and not only get legal clarification of the law but also ask for state penalties to those agencies who ignore or refuse to follow state law.

    No argument can be made that this ordnance protects the public. Criminals are not going to obey the law any more then they are going to legally buy a firearm or register it. All this law does is unarm law abiding citizens and prevent them from protecting them selves. In the environment we live in today with reduced law enforcement and high unemployment people are becoming more brazen and violent. Please do not let our society become the lambs much like those of England. Their most recent events should stand as a clear example why we need to keep the right to defend ourselves and our families.

    Please feel free to contact me if you would like to discuses this further. We as Citizens and Businessmen of North Las Vegas need to stand united on this issue.

    Thank you for your time and attention on this important issue. God Bless you and keep you and yours safe.

    DDK


    Thoughts?
    [[FONT=Book Antiqua]]I LOVE MY GOD, MY COUNTRY, AND MY CONSTITUTION. GIVE IT BACK!

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    Quote Originally Posted by CSINEV View Post
    Dear Senator Lee

    I am a native to the Las Vegas Valley and a resident of North Las Vegas. I'm also a small business owner and married father of three wonderful children. It has recently come to my attention that the city of North Las Vegas is enforcing and refusing to remove and ordinance that prohibits the legal carrying of firearms within your vehicle while inside the city limits of North Las Vegas. It is my understanding that Nevada law does not allow for city municipalities to make or enforce such laws. And that Nevada law specifically out lines rules for carrying firearms in your vehicle.

    As a business owner I am called to perform my duties 24hrs a day and I could be in any place within the valley working day or night. It is not uncommon for me to receive hundreds or even thousands of dollars in cash for payment when I am completed with my work. It is also not uncommon for me to be in areas such as H st. and Lake Mead Blvd. or 6Th St. and Owens. Some areas are so bad I have even had to hire a person to just stand by my truck while I go about my work. The fact that I cannot carry my gun in my work truck simply because I live in North Las Vegas is of grave concern to me. While I am in the process of getting a CCW that is going to take time and money. Honestly why should I have to pay money and take a class just to be able to exercise my 2ND amendment and State rights?

    I am calling on you for your help. Since you were the primary sponsor of the state law would you please send a letter to Mayor Buck and the rest of the North Las Vegas City counsel explaining to them your intent of the law was not to allow them to continue regulating firearms with the exception of discharging within city limits. And that if they refuse to remove the city ordinance and begin complying with state law. You will have no other choice but to return to the legislation and not only get legal clarification of the law but also ask for state penalties to those agencies who ignore or refuse to follow state law.

    No argument can be made that this ordnance protects the public. Criminals are not going to obey the law any more then they are going to legally buy a firearm or register it. All this law does is unarm law abiding citizens and prevent them from protecting them selves. In the environment we live in today with reduced law enforcement and high unemployment people are becoming more brazen and violent. Please do not let our society become the lambs much like those of England. Their most recent events should stand as a clear example why we need to keep the right to defend ourselves and our families.

    Please feel free to contact me if you would like to discuses this further. We as Citizens and Businessmen of North Las Vegas need to stand united on this issue.

    Thank you for your time and attention on this important issue. God Bless you and keep you and yours safe.

    DDK


    Thoughts?
    The way I read it, the weapons prohibited in cars statute allows for your circumstances that you described, you would not be in violation. Thats why the Hanes case was thrown out.. In my opinion

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    Legislative intent research...

    I recieved a few PM's about researching the law, here is what I know in a nutshell. I will help further, however I prefere the phone.

    Here is a law that we are pretty familiar with:

    Firearm regulation-County
    NRS 244.364 Limited 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,.................. I took out the script on purpose........ sometimes the law will have, in blue, "live links" That appear at the end that look like these ones below, I highlighted in italics. that will tell you what was added or deleted, or what in the bill was changed. but if you want to go into the whole intent, look below, it says added to NRS by 1989, 652 what that means is the law referenced, is on page 652 of the NRS law book dated 1989. Knowing that you can now go to the law library, get the 1989 NRS book and you will see where this law is referenced. Now what you do is look at the preeceding pages until you see what the bill # and designation is, AB-SB or other variety there are several. once you have the bill # you can go on line to find the material requested. I will explain below.

    (Added to NRS by 1989, 652; A 2007, 1289)

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    We are all pretty aware that in 1989 assemblyman Danny Thompson introduced AB 147 so we do not need to take a trip to the law library, lets see if they have made this available online. since this is prior to 1992 it is possible that it is not, however I have had stuff from 1937 that is so we will try. (click in the quotes)

    www.leg.state.nv.us
    upper left "research library" - Bottom box "research library" - "legislative history search"

    Put in the stuff that you learned from the law library.... AB... 147....1989 and shazammm 127 pages of bonified reading...

    If you are not wanting to go through the hassle of the law library, and it is not to often I have a frind that works at one who looks em up for me so if we get a few I can call and bust em out. and fore those that are curious about the intent in 1989 but dont wanna deal, were is the link.

    http://www.leg.state.nv.us/Division/...AB147,1989.pdf

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    Regular Member CSINEV's Avatar
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    Quote Originally Posted by DON`T TREAD ON ME View Post
    We are all pretty aware that in 1989 assemblyman Danny Thompson introduced AB 147 so we do not need to take a trip to the law library, lets see if they have made this available online. since this is prior to 1992 it is possible that it is not, however I have had stuff from 1937 that is so we will try. (click in the quotes)

    www.leg.state.nv.us
    upper left "research library" - Bottom box "research library" - "legislative history search"

    Put in the stuff that you learned from the law library.... AB... 147....1989 and shazammm 127 pages of bonified reading...

    If you are not wanting to go through the hassle of the law library, and it is not to often I have a frind that works at one who looks em up for me so if we get a few I can call and bust em out. and fore those that are curious about the intent in 1989 but dont wanna deal, were is the link.

    http://www.leg.state.nv.us/Division/...AB147,1989.pdf
    Sorry, but I'm not sure of the point you are tring to make here, please explain. My issue is this. As long as there is a law out there that the law enforcement officers can arrest me on, legal or not. I can be arrested for it. They are not going to listen to me in the field after they have me cuffed. I don't really care if the charges get dropped later. I'm not in to being booked and going to jail, I don't have time for the BS in my life, thank you, no. So the only solution is to have the ordnance removed. That way no ill informed LEO can harass me on it.
    [[FONT=Book Antiqua]]I LOVE MY GOD, MY COUNTRY, AND MY CONSTITUTION. GIVE IT BACK!

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    Quote Originally Posted by CSINEV View Post
    Question,

    Nevada Senator John Lee was the key sponsor of the Nevada law on state presumption of authority to regulate guns in Nevada right? So why don't we ask him for a letter stating that his intent was to empower the state and not the city municipalities with regard to where guns could be carried. And further that it specifically allows for guns to be in vehicles. Thus making the North Las Vegas ordinance illegal. And that this ordnance cannot be, "Grandfathered in", by law. In Nevada when ever there is disagreement over a contract between two parties, the law states that the author of the contract shall have final explanation as to its meaning and intent. What is a law if not a contract between the government and the people.

    Thoughts?
    Sorry I confused things, I read above that you were looking for intent, so I was explaining how to find it. I am afraid that intent cannot be a "do over" so we are pretty much stuck with the cards we got dealt in 89 and 07.

  12. #12
    Regular Member CSINEV's Avatar
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    My thought here is the city agencies are misinterpreting the law. If the sponsor comes forward and says publicly no that was not the intent of the law or how it reads. Then it makes the argument easier for us and harder for the cities. By the way I sent the letter yesterday waiting for a response.
    [[FONT=Book Antiqua]]I LOVE MY GOD, MY COUNTRY, AND MY CONSTITUTION. GIVE IT BACK!

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    Quote Originally Posted by CSINEV View Post
    My thought here is the city agencies are misinterpreting the law. If the sponsor comes forward and says publicly no that was not the intent of the law or how it reads. Then it makes the argument easier for us and harder for the cities. By the way I sent the letter yesterday waiting for a response.
    Good work, I salute you!!! Pushback comes in all forms, and when all the forms are combined, the sum is: We The People...

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