I Just sent this to theCouncilman
August 30, 2011
Dear Councilman Ross,
I was the one who spoke to you on the radio show last week and asked if you would support current state law on preemption of gun laws over county and city entities. You had said, “Yes, I am a big 2nd amendment supporter and believed strongly in Nevada’s state law with regard to gun regulation.”
NRS 268.418 Limited authority to regulate firearms; restrictions concerning registration of firearms in city 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 city 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. The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.
3. If the governing body of a city 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 governing body shall amend such an ordinance or regulation to require:
(a) A period of at least 60 days of residency in the city 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 city 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)
My question to you sir is this, will you work to correct all city ordinances that are not in line with current state law on open carry of firearms? It has come to my attention that this question was asked of you recently. You referred it to one of your staff for reply. He simply said, “the city attorney told you that the law only covers state parks and not city parks.” This is simply not a true statement and someone from your office needs to actually read the NRS statute. As you can see above the city has no authority to regulate the open carry of fire arms in city parks. REMEMBER WE ARE TALKING ABOUT OPEN CARRY NOT CONCELED. This is important because they have different laws for each. Boulder City and The City of Henderson have both reviewed the law and reached the same conclusion. They found they were in violation of state law and have since worked to change their local ordinances to comply with the state NRS.
I know you’re a busy man but could you please take the time to look into this yourself. I think it is really important that as citizens of this great state we not have our rights infringed upon by out dated ordnances or regulations.
I look forward to hiring from you on this matter God bless and keep you safe.
CSINEV