gonefishn
Regular Member
Yes !!! New gun bills are signed into law today!
Your editor of NevadaCarry.org emailed the Henderson City Council and police department regarding the implementation of the changes SB 175 to city ordinances and police training.
Excerpt from my letter:
Gov. Brian Sandoval, on 6/2/2015, signed into law new provisions regarding firearms regulations. Senate Bills SB 175 (attached) contains language altering existing statutes (NRS 268.418) that govern the ability of local governments to make or enforce local regulations regarding firearms. These new laws, effective immediately, removed the ability of any local entity to make or enforce existing local firearm regulations (excluding unsafe discharge). Local firearm regulations, including those of the city of Henderson, have been declared null and void. All existing laws, regulations, rules, and ordinances are required to be immediately repealed. Firearm registration (in Henderson’s case, handgun registration as administered by the Las Vegas Metropolitan Police Department) has also been abrogated by NRS 268.418. The legislature has required that all firearm registration records be destroyed within one year. I respectfully demand that ordinances 8.98.010, 8.98.020, 8.98.030, 8.98.040 be repealed (though I’m aware they have been superseded by state law), the police department to cease registration of handguns and destroy any Henderson maintained records thereof, and all city law enforcement personnel and volunteers be informed that these ordinances are null and void; therefore being unenforceable.
Rather immediate replies were received from several city officials.
Chief Moers replied: "I appreciate the email. The City of Henderson Police Department will make changes to procedures on all laws that require us to conform with any new law."
Councilwoman Gerri Schroder replied:
"The City Attorney will make changes to city ordinances to comply with all new laws. I'm cc'ing City Attorney Josh Reid to assist with a response on the procedure to change the ordinances to comply with the new laws. Mr. Reid is aware of the change in the law and briefed me on this earlier today.
I appreciate you making sure the City of Henderson complies with all new laws. Please let us know if you have questions."
I was also CC'd by Councilwoman March on her conversation with City Attorney Josh Reid.
"Josh
Will you ensure that our ordinances conform with state law with regards to the recent legislative changes related to firearms? Thank you"
Mr. Reid's reply:
"Yes. We discussed this in our staff meeting last week and have the ordinance to remove the firearm registry in the queue. It takes two Council meetings to pass an ordinance per our Charter. This will most likely be read into title either the first or second Council meeting in July. The registration records are held by the County, and I understand that they are aware of the new law and will comply.
Please let me know if you have any additional questions. Regards, Josh"
And:
"Yes Councilwoman Schroeder, this will be on the Council agenda in July. Regards, Josh"
So the city of Henderson intends to comply immediately (well, at the speed of government) anyway. It's also very pleasing to see such a quick reply to a citizen late in the evening. Henderson is a great example of how cities should address these kinds of matters and police their community. How quickly will the county and other municipalities comply?
Also here: http://bit.ly/1KLNYTX
Good job. I was going to call Josh tomorrow. You saved me the call. City Council meetings are on Tues night so I'm sure they were all checking their emails which is why they responded this evening.
TBG
What great timing. This is why I prepped everything in advance. The county library people replied that they were distributing my information to counsel and staff, so looks like they care too. Waiting on Henderson libraries and county parks. Parks will be the big one. They can't dodge this one any way you cut it.
Your editor of NevadaCarry.org emailed the Henderson City Council and police department regarding the implementation of the changes SB 175 to city ordinances and police training....
Gov. Brian Sandoval, on 6/2/2015, signed into law new provisions regarding firearms regulations. Senate Bill SB 175 contains language altering existing statutes (NRS 268.418) that govern the ability of local governments to make or enforce local regulations regarding firearms. These new laws, effective immediately, remove the ability of any local entity to make or enforce existing local firearm regulations (excluding unsafe discharge). Local firearm regulations, including those of the city of North Las Vegas, have been declared null and void. All existing laws, regulations, rules, and ordinances (except as to discharge of firearms) are required to be immediately repealed.
North Las Vegas currently has an ordinance (9.32.080) which makes it unlawful to openly carry or otherwise possess a firearm in a vehicle, unless the person carrying the firearm has a CCW under the provisions of city ordinance 9.32.040.
As the above referenced ordinance 9.32.080 is now, as a matter of law, null and void, I intend to immediately begin to openly carry my firearm without a CCW while in my vehicle when I have occasion to drive through the North Las Vegas city limits.
I request that you inform your officers that possession of an openly carried handgun without a CCW permit while inside a vehicle is now lawful within the North Las Vegas city limits, and that all officers are to immediately cease enforcement of the provisions of city ordinance 9.32.080.
Cool! I hope you don't mind, but I copied much of the language of your letter and substituted NLV and their ordinances into the text. It was much easier to copy/paste your well-written text than try to create my own from scratch.
Send the cops emails, tweets, facebook and phone calls. Flood them by asking why they are still not following the law.
https://twitter.com/LVMPD
https://www.facebook.com/LasVegasMetro/timeline
Yes !!! New gun bills are signed into law today!
Lol, I'm glad you did NLV. I am working on Hendo, the county, the parks, and the libraries. I can't do them all! Feel free to copy away.
Lol, I'm glad you did NLV. I am working on Hendo, the county, the parks, and the libraries. I can't do them all! Feel free to copy away.
To Whom it may concern:
Gov. Brian Sandoval, on 6/2/2015, signed into law new provisions regarding firearms regulation. NRS 244.364(b), as passed into law in SB 175, provides that the Legislature claims for itself “exclusive domain” to regulate, inter alia, the possession and carrying of firearms in the State. Furthermore, the law provides that “…any other law, regulation, rule or ordinance…” which intrudes into the Legislature’s regulatory domain is “null and void.”
NRS 244.364 also provides that counties may not infringe on the Legislature’s rights and powers to regulate, inter alia, the possession or carrying of firearms within the State, and allows that “A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.” The unsafe discharge of firearms is the sole subject which the Legislature has empowered the counties to regulate by ordinance or regulation.
NRS 244.364, 4. provides that any county regulation or ordinance inconsistent with the above is null and void, and subsection 5. requires the county to repeal and remove any such regulation or ordinance.
It is my understanding that it has been the pattern and practice of the Clark County public libraries to prohibit the open carry of firearms within its public branch buildings. The library branches have posted signs on their windows indicating that firearms are not allowed inside the building, and I have been informed that library staff and security have demanded those who have openly carried inside the public portion of the library to leave the premises. In some instances, I have been informed, library staff have cited to NRS 202.3673, which bars possession and carrying of concealed weapons into certain public buildings, as authority to bar open carrying of firearms into the public areas of libraries. Such reliance on NRS 202.3673 to prevent the open carrying of firearms into public buildings is a misapplication of the law, as my State Assembly representative, Michele Fiore, recently determined in an opinion from the State Legislative Council Bureau. I quote from an opinion given by Mr. Bradley A. Wilkinson, Chief Deputy Legislative Council, on 02/26/2015:
“This office is aware that some persons have argued that NRS 202.3673 prohibits the open carry of firearms in a public building. However, that argument is not legally sound because NRS 202.3673, by its plain language, regulates only the carrying of a concealed firearm by a person who has a permit to carry a concealed firearm. NRS 202.3673 simply does not apply to the open carry of firearms in a public building.
Because there is no general statutory prohibition of open carry of firearms in a public building, it is the opinion of this office that the open carry of firearms is not prohibited in public buildings, unless otherwise prohibited by a specific statute such as NRS 202.265 or 218A.905…” [emphasis added]
I have attached a copy of the email correspondence between my assemblywoman and Mr. Wilkinson to this email for reference.
It should be clear by now that the Clark County Public Library system lacks statutory authority to bar the possession and open carrying of firearms within the public access areas of its branches. Any such rules, regulations, policies, ordinances, etc. banning someone from lawfully entering into and peacefully enjoying the amenities afforded to other members of the public while openly carrying a firearm is unlawful, and null and void as of 06/02/2015.
I am writing this email to notify you that I intend to enter into the Summerlin public library branch off of Village Center Circle while openly carrying my firearm sometime during the afternoon of 06/04/2015. I will be entering the building quietly and peacefully, and not in any manner to draw attention to myself or to the fact that I am open carrying. I am not seeking to make a scene, cause a disturbance, or to engage in a confrontation. I am a peaceful man, who eschews confrontation.
The primary reason that I am writing to you and giving you this notice is for the express purpose of avoiding any confrontation over this issue when I enter the building. I expect that, having this advance notice, you will have had an opportunity to contact your staff/security at the Summerlin branch and notify them that I will be coming, openly carrying my firearm into the building, and will be quietly enjoying the services and amenities provided by the public library. This will hopefully avoid any confrontation initiated by the library staff/security upon my arrival.
I will be bringing with me copies of the relevant NRS (SB 175), which has been passed into law, Mr. Wilkinson’s opinion letter, and other provisions of law under the NRS which may be relevant should your staff/security attempt by force or threat to deprive me of my constitutionally protected right to peacefully and openly carry my firearm with me into the public library building.
Please be advised that I will audio/video record any interaction that may occur between myself and library staff/security. Hopefully, this will not be necessary. It is my hope that I will simply enter into the library, proceed to a table, sit down, and quietly and peacefully read and write without any contact between myself and library staff/security.
Respectfully,
Edmund Davis