• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Clark County Handgun Registration program revisited

usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
Hey, I know there's at least one thread somewhere in here talking about challenging the CC handgun registration program on the basis of its inefficiency, financial burden, ineffectual results, etc., etc. I found a Review Journal article from 2010 http://www.npri.org/publications/state-politicians-take-aim-at-clark-county-handgun-registration that indicates that's kinda been an ongoing pursuit, without much result... maybe with no result. Seems our illustrious County Sheriff and County Auditor have balked at providing any meaningful data (or any data at all) that would be beneficial in determining "the worth" of the program. Here are some "highlights" of that RJ article. I'm sure some of your are familiar with this.

(State Senator John) Lee has challenged the program multiple times. During the 2007 legislative session, he … wrote a letter to the LVMPD requesting justification of the program. However, … Lee's letter was ignored. "It's a service with no service," Lee said. "It's turf building on the [LVMPD's] part and we've never received back any financial data on the program."


(Nevada Policy Research Institute) NPRI also struggled obtaining information from the LVMPD. After following up on an ignored public records request, NPRI was transferred between four departments before the LVMPD (even) acknowledged receipt of the request.



In October (2010), Clark County Commissioner and gubernatorial candidate Rory Reid asked the Clark County Manager's office to arrange an audit of the registration program. He requested information on program appropriations and objective data indicating the program's success, among other items. As of the time of this report (November 2010), the audit is on the "to-do" list of the county auditor.



According to Metro Sergeant Chuck Callaway, a quality assurance audit has not been performed on the registration program in years nor was an audit planned for the near future.
 

Merlin

Regular Member
Joined
Jul 31, 2008
Messages
487
Location
Las Vegas, Nevada, USA
Sounds to me like we need to make this a campaign issue for the relevent politicians. In all reality, now is an excellent time to address this, what with budget shortfalls and such. This is a perfect example of waste that city/county politicians should be able to latch onto and be on the right side of during campaign season.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
"campaign issue" means politics. I'm skeptical of that helping, especially with as Californicated as we've become. But it would be a pleasant surprise if it did.
 

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
There are only two ways to handle it that I can think of. Either bring a suit against the state in federal court on the basis that the law treats us in Clark County as sub citizens, in which case those records are subpoenaed, or we get the legislature to require periodic audits. Both take time and money. Either way it sounds like a job for NVFAC.

TBG
 

Shoobee

Regular Member
Joined
Apr 16, 2012
Messages
599
Location
CCCP (Calif)
"campaign issue" means politics. I'm skeptical of that helping, especially with as Californicated as we've become. But it would be a pleasant surprise if it did.

Hey, you guys in Nevada aren't nearly as communistic as us in Californiay. Not even close.

California is a police state where even the police are worthless.

You at least have CCW shall-issue and open carry.

So what if you need to register your guns? So what? Take them all down to the county office and register each one, so what?

Ours get registered when we buy them. And it makes little difference.

I would give or do anything to be able to CCW and OC in California. Particularly since this is where we need it most.

(Btw this new avatar photo is at the tip of Cathedral Peak in the Spring Mountains of Charleston. It was an absolutely beautiful hike.)
 
Last edited:

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
Hey, you guys in Nevada aren't nearly as communistic as us in Californiay. Not even close.

California is a police state where even the police are worthless.

You at least have CCW shall-issue and open carry.

So what if you need to register your guns? So what? Take them all down to the county office and register each one, so what?

Ours get registered when we buy them. And it makes little difference.

I would give or do anything to be able to CCW and OC in California. Particularly since this is where we need it most.


"So what?" Well, how about the Constitution which clearly says we have a RIGHT to keep and bear arms, both NV and US. "So What?"
What about the fact that we in Clark County are, with state approval, held to higher standards then any other citizen in NV. "So What?" How about the fact that we here in Clark County are tired of paying for a system that proves no benefit for the citizens of this County.

"I would give or do anything to be able to CCW and OC in California." So, what are you doing to change it?

TBG
 

Glock32

New member
Joined
Mar 18, 2011
Messages
12
Location
Inglis FL.
Hey, you guys in Nevada aren't nearly as communistic as us in Californiay. Not even close.

California is a police state where even the police are worthless.

You at least have CCW shall-issue and open carry.

So what if you need to register your guns? So what? Take them all down to the county office and register each one, so what?

Ours get registered when we buy them. And it makes little difference.

I would give or do anything to be able to CCW and OC in California. Particularly since this is where we need it most.

(Btw this new avatar photo is at the tip of Cathedral Peak in the Spring Mountains of Charleston. It was an absolutely beautiful hike.)



So what is why California is in the condition it is in now.
 

NAVYBLUE

Regular Member
Joined
Dec 25, 2011
Messages
109
Location
Peoples Republic of North Las Vegas
THIS IS NOT A JOKE !!!!

IANAL, but I was thinking about the equal protection under the law statue in the Constitution. A criminal does not register their weapons(normally) in CC. I am REQUIRED to register mine in CC. Could I or YOU fire a lawsuit that criminals are ALLOWED(those that are not caught) to carry "unregistered" weapons and I am NOT.

Therefore could you or I sue as a violation of the equal protection under the law AND is there a pro bono lawyer known to our group who would like to make a name for himself

NAVYBLUE
 

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
THIS IS NOT A JOKE !!!!

IANAL, but I was thinking about the equal protection under the law statue in the Constitution. A criminal does not register their weapons(normally) in CC. I am REQUIRED to register mine in CC. Could I or YOU fire a lawsuit that criminals are ALLOWED(those that are not caught) to carry "unregistered" weapons and I am NOT.

Therefore could you or I sue as a violation of the equal protection under the law AND is there a pro bono lawyer known to our group who would like to make a name for himself

NAVYBLUE

I brought this up a long time ago. Not with regards to criminals but with regard to all other people in this state. We in Clark County do not have the same rights as those who live in all other parts of the state. We are held separate by state statute because it grandfathers Clark County as an exception to state preemption. A clear violation, in my opinion, of the US Constitution. As I said, this has been discussed on here in depth and many don't see it this way.

TBG
 

SoLasVegas

Regular Member
Joined
Apr 15, 2010
Messages
120
Location
Las Vegas, ,
THIS IS NOT A JOKE !!!!

IANAL, but I was thinking about the equal protection under the law statue in the Constitution. A criminal does not register their weapons(normally) in CC. I am REQUIRED to register mine in CC. Could I or YOU fire a lawsuit that criminals are ALLOWED(those that are not caught) to carry "unregistered" weapons and I am NOT.

Therefore could you or I sue as a violation of the equal protection under the law AND is there a pro bono lawyer known to our group who would like to make a name for himself

NAVYBLUE

I am not a lawyer either, but to restate what I think you are saying:

A felon, or anyone else who is prohibited from possessing a firearm, could never be convicted of failure to register his firearm as that would go against his 5th amendment protection from self-incrimination. The US Supreme Court has already ruled on this in Haynes v. US (1968). With that in mind, the only person who could ever be prosecuted for failure to register is an otherwise law-abiding citizen. That can not be the intent of the law.

Since there exists a class of people (criminals) who are not and can not be subjected to the punishment portion of this law, then it seems to be a fairly clear 14th amendment violation.
 
Last edited:

Vegassteve

Regular Member
Joined
Apr 15, 2008
Messages
1,763
Location
Las Vegas NV, ,
Ours get registered when we buy them. And it makes little difference.

It makes all the difference because it allows the state to allow you to own only what they say you can. Please stay in california we do not need your type of thinking here. With gun owners like you the brady bunch will continue to gain control. Go away.
 

b0neZ

Regular Member
Joined
Feb 15, 2012
Messages
505
Location
Davis County, Utah
Watching your trials and tribulations from here in the Free North, and even though the Blue Card program was grandfathered in, I sincerely hope this ridiculous time and money wasting scheme stops and stops quickly. I feel for you guys down there, I really do.
 

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
Watching your trials and tribulations from here in the Free North, and even though the Blue Card program was grandfathered in, I sincerely hope this ridiculous time and money wasting scheme stops and stops quickly. I feel for you guys down there, I really do.

Just remember when the time comes we will need your support up there. What happens down here can easily come calling up there.

TBG
 

Shoobee

Regular Member
Joined
Apr 16, 2012
Messages
599
Location
CCCP (Calif)
I'm thinking that was once said in California, too.

No actually the registration rules were the most recent to get implemented in Calif.

It seems that originally the legislature wanted to be able to track the assault weapons (anything magazine fed with capacities over 5 rounds).

Then they figured why not just register everything?

In Calif, the history is that once upon a time it was just like Nevada.

Then Gov Reagan at the time suspended open carry loaded in response to the Black Panthers in the 1960s.

This was extremely unfortunate for everyone not just the Black Panthers.

Soon afterwards CCW may-issue became rarely issued.

Then recently open carry unloaded was repealed as well by the legislature.

Today, many people simply ignor the laws completely. Like Bernard Goetz in NYC. There is no other reasonable choice.
 

Shoobee

Regular Member
Joined
Apr 16, 2012
Messages
599
Location
CCCP (Calif)
Watching your trials and tribulations from here in the Free North, and even though the Blue Card program was grandfathered in, I sincerely hope this ridiculous time and money wasting scheme stops and stops quickly. I feel for you guys down there, I really do.

Having visited both the Reno and the Las Vegas areas of Nevada, I have to say that Reno is definitely the more beautiful in terms of scenery, and also milder in climate as well.

You can have fun gambling in both places, which is something I only occasionally do, for poker.

The mountains near Reno and the rivers there are quite alluring though, for hiking, which I do most often.
 
Last edited:

usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
How about this...

Article 4, Section 21 of the Nevada Constitution says: General laws to have uniform application.  In all cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general and of uniform operation throughout the State.

Seems to me having a Nevada Revised Statute that makes only the residents of one particular county within the state subject to a "restriction" or "requirement" doesn't lend itself well to "uniform operation throughout the State."

Of course, that's just my opinion... "we" would need a constitutional lawyer with the same or similar opinion willing to file a suit. And, if the law is a State law and it seemingly violates the tenants of the state constitution, it wouldn't be a federal matter so the suit would be within the State courts system, ultimately landing at the Nevada Supreme Court.
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Must one "have standing" or some harm to them before a suit can be filed?
 

The Big Guy

Regular Member
Joined
Oct 20, 2009
Messages
1,966
Location
Waco, TX
How about this...

Article 4, Section 21 of the Nevada Constitution says: General laws to have uniform application.  In all cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general and of uniform operation throughout the State.

Seems to me having a Nevada Revised Statute that makes only the residents of one particular county within the state subject to a "restriction" or "requirement" doesn't lend itself well to "uniform operation throughout the State."

Of course, that's just my opinion... "we" would need a constitutional lawyer with the same or similar opinion willing to file a suit. And, if the law is a State law and it seemingly violates the tenants of the state constitution, it wouldn't be a federal matter so the suit would be within the State courts system, ultimately landing at the Nevada Supreme Court.

Very good find. Here is the way I see it. I have argued that the state preemption law that codifies Clark County Blue Card law is a violation of the Equal protection clause of the US Constitution because it allows Clark County the right to treat it's citizens different than that which the other citizens of the State of NV enjoy under the same state law. The grandfather clause under preemption is state law. It also looks to be in violation of the NV Constitution as well according to what I read here.

I'm going to send this over to Don Turner and see if I can get the NVFAC pulse on this.

TBG
 

usmcmustang

Regular Member
Joined
Sep 17, 2011
Messages
393
Location
Las Vegas, NV & Southern Utah
Must one "have standing" or some harm to them before a suit can be filed?

Just thinking... rather than a law suit, perhaps "pointing out" to the legislators at the next session that the law they previously passed is inconsistent with the provisions of the state constitution might get the ball rolling. Perhaps at least it would add a little "spice" to all the rest of the "crap" that will be thrown.

Are you listening NVFAC?
 
Last edited:
Top