timf343
Campaign Veteran
imported post
This is what I originally thought as well. But remember, this law was enacted in 1989 (all three code sections). When the law was enacted, the act specified the law applies to all ordinances created on or after June 13, 1989. At that time, there was no mention of registration of any kind. All ordinances created prior to June 13, 1989 were permitted, including the registration ordinance, the dangerous weapons ordinance (NLV), and the no possession ordinance (BC).
When the law was amended October 1, 2007, language was added to each NRS chapter regarding registration. As this was the bulk of the addition, it's easy to focus on it. However, one very important detail was changed as well.
The 2007 law amended the ACT of the 1989 law. The unaltered portions of the 1989 law, plus the amended portions of the 2007 law were enacted by the statement:
"The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989."
So when we look at the in-force NRS 244.364 section, there are only four paragraphs:
Paragraph 1 originally stated the state preempts all local laws. It was amended to include a broader definition of firearm, used only in that subsection, so that the state preempts laws regarding traditional guns utilizing gunpowder, airguns, spring guns, or any other type of device meant to propel a projectile. This strengthened the preemption by broadening the definition of firearm.
Paragraph 2 remained unaltered from the original 1989 law, giving counties the right to regular the discharge of firearms. But not, the definition of firearm reverts back to the more narrow definition (see Paragraph 4). So any laws regarding air guns, spring guns, or any other similar device (not an explosive-based gun) are preempted as well.
Paragraph 3 was added, and is entirely new in 2007.
Paragraph 4 was added, and is entirely new in 2007. This subsection changes the definition of firearm back to the more narrower explosive-based gun only.
This is clear legislative intent in the 2007 amendment that the state does not want local government having laws on the books regarding gun control. I say the intent is clear because Paragraph 1 preempts all gun laws using the broadest possible definition of gun, and then, the limited exceptions they make (discharge & registration) apply only to the narrower definition.
Last, the "The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989." statement that actually enacts the law was amended to include the word "before". So, NRS 244.364, and all four paragraphs (subsections), are enacted June 13, 1989, amended October 1, 2007, and apply to ordinances or regulations adopted (any time).
This is what I originally thought as well. But remember, this law was enacted in 1989 (all three code sections). When the law was enacted, the act specified the law applies to all ordinances created on or after June 13, 1989. At that time, there was no mention of registration of any kind. All ordinances created prior to June 13, 1989 were permitted, including the registration ordinance, the dangerous weapons ordinance (NLV), and the no possession ordinance (BC).
When the law was amended October 1, 2007, language was added to each NRS chapter regarding registration. As this was the bulk of the addition, it's easy to focus on it. However, one very important detail was changed as well.
The 2007 law amended the ACT of the 1989 law. The unaltered portions of the 1989 law, plus the amended portions of the 2007 law were enacted by the statement:
"The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989."
So when we look at the in-force NRS 244.364 section, there are only four paragraphs:
Paragraph 2 remained unaltered from the original 1989 law, giving counties the right to regular the discharge of firearms. But not, the definition of firearm reverts back to the more narrow definition (see Paragraph 4). So any laws regarding air guns, spring guns, or any other similar device (not an explosive-based gun) are preempted as well.
Paragraph 3 was added, and is entirely new in 2007.
Paragraph 4 was added, and is entirely new in 2007. This subsection changes the definition of firearm back to the more narrower explosive-based gun only.
This is clear legislative intent in the 2007 amendment that the state does not want local government having laws on the books regarding gun control. I say the intent is clear because Paragraph 1 preempts all gun laws using the broadest possible definition of gun, and then, the limited exceptions they make (discharge & registration) apply only to the narrower definition.
Last, the "The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989." statement that actually enacts the law was amended to include the word "before". So, NRS 244.364, and all four paragraphs (subsections), are enacted June 13, 1989, amended October 1, 2007, and apply to ordinances or regulations adopted (any time).