(SFA Letterhead)
March 14, 2008
Sheriff James G. Miller
P. O. Box 498
Virginia City NV 89440
Subj: [highlight= #ffff88]
Storey [highlight= #88ffff]
County Concealed Firearms and “Gunfighter” Permit Applications
Dear Sheriff Miller,
As you know, the Nevada Revised Statutes concerning firearms law were amended in the 74th Legislative Session, effective October 1, 2007.
NRS 244.364, 268.418, and 269.222 were amended to state:
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 [highlight= #88ffff]
county, city nor town may infringe upon those rights and powers.
Section 5 of Chapter 308, Statutes of Nevada 1989, at page 653, was amended to read as follows:
The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.
We have reviewed subject application forms that are available at
http://www.storeycounty.org/sheriff/Docs/Concealed%20Firearms%20Permit%20APPLICATION.pdf and
http://www.storeycounty.org/sheriff/Docs/Gunfighter%20Application.pdf and find numerous requirements that are outside the bounds of Nevada law.
Please see attachments (1) and (2).
Although the Legislature left intact the authority for local jurisdictions to pass and enforce firearms geographic discharge restrictions, all other aspects of firearms regulation have been reserved to the State Legislature. These amendments to the NRS have been brought to the attention of other jurisdictions. For example, the City of Fallon's City Attorney has issued a letter declaring Fallon's municipal firearms ordinances (which were similar to Virginia City) null, void and unenforceable.
As we enjoy visiting [highlight= #ffff88]
Storey [highlight= #88ffff]
County, Stillwater Firearms Association members and untold numbers of law abiding Nevada citizens anxiously await your response.
Sincerely,
Copies to:
Senator Mark Amodei
805 W Sunset Wy
Carson City NV 89703-3751
Senator Mike McGinness
770 Wildes Rd
Fallon NV 89406-7843
Assemblyman Tom Grady
43 Fairway Dr
Yerington NV 89447-2170
Assemblyman Pete Goicoechea
P O Box 97
Eureka NV 89316-0097
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Storey [highlight= #88ffff]
County Commissioners
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Storey [highlight= #88ffff]
County Court House
Virginia City NV 89440
Mr Frank Adams
Executive Director, Nevada Sheriffs and
Chiefs Association
P O Box 3247
Mesquite NV 89024
Ms Carrie Herbertson
NRA ILA State & Local Affairs Division
555 Capitol Mall, Suite 625
Sacramento CA 95814
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Attachment (1)
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Storey [highlight= #88ffff]
County Concealed Firearm Permit Application Form
Discrepancies
Fees. Numerous other Nevada [highlight= #88ffff]
County Sheriffs have indicated a decrease in fingerprint costs and collect $100.25 (initial) and $65.25 (renewal).
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“No permit will be issued until a records check is obtained from the FBI, therefore allow up to 120 days for processing your completed application.”
This statement is contrary to NRS 202.366, which states: “Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial.”
Clearly, a sheriff must issue within 120 days. “Failure to complete investigation” is not among the enumerated reasons for denial; NRS 202.3657 germane.
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Term of permits: NRS 202.366 specifies a permit expires 5 years after the date on which it is issued – for both resident and non-residents.
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Firearms with which applicant has qualified and is authorized to carry:
Make, model and caliber of each authorized semiautomatic firearm, if any..........
Revolvers authorized: Yes or No
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Firearm serial numbers. Recommend removal of the “optional” serial number block.
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Attachment (2)
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Storey [highlight= #88ffff]
County Gunfighter Permit
It is presumed the “Gunfighter” permit was created/designed for the purpose of lawful “old west” reenactments. However, the permit application does not clearly specify said permit is only necessary to perform reenactments.
While it is presumed the intent is simply to assure the safe use of firearms in reenactments, it is unlawful to impose fees for the lawful carry of firearms (with the exception of concealed firearms permits).
Clearly, the [highlight= #ffff88]
Storey [highlight= #88ffff]
County Gunfighter Permit requirement is unlawful as applied to the common and lawful practice of openly carrying a firearm or lawful concealed carry. In accordance with Article 1, Section 11 of the Nevada Constitution and applicable Nevada law, any person (not otherwise prohibited by federal/state law) may openly carry a loaded firearm and need not obtain a permit nor permission from any law enforcement authority. However, the governing body of a [highlight= #88ffff]
county/city/town may proscribe by ordinance or regulation the unsafe discharge of firearms.
Germane are Nevada Revised Statutes concerning firearms law that were amended in the 74th Legislative Session, effective October 1, 2007. Among the changes were NRS 244.364, 268.418, and 269.222, which were amended to state:
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 [highlight= #88ffff]
county, city nor town may infringe upon those rights and powers.
Further, NRS 244.364, 268.418, and 269.222 state:
The governing body of a [highlight= #88ffff]
county/city/town may proscribe by ordinance or regulation the unsafe discharge of firearms.
Lastly, Section 5 of Chapter 308, Statutes of Nevada 1989, at page 653, was amended to read as follows:
The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.
Hence, although the “Gunfighter” permit may be dated, it is not grandfathered by the Nevada legislature.
As applied to common citizens, the regulations delineated below are clearly unlawful:
You must have a valid gunfighter permit with you at all times, if wearing or carrying any firearm(s). The permit must be presented to a peace officer upon request.
Your weapon must be holstered at all times, unless directly participating in the scheduled event. At no time shall any firearm(s) be carried concealed.
The carrying of any type of live ammunition is strictly prohibited, under any circumstance. When wearing or carrying a firearm, the weapon shall remain empty of all ammunition unless you are directly participating in a scheduled gunfighter event.
Wearing your weapon(s) and consuming alcoholic beverages is absolutely prohibited.
Anyone who violates any of the above conditions and regulations shall be subject to the revocation of his or her gunfighter permit and may also be subject to prosecution.
Note: While the practice of consuming alcoholic beverages while in possession of a firearm is most certainly NOT recommended and highly discouraged, NRS 202.257 is germane:
It is unlawful for a person who:
(a) Has a concentration of alcohol of 0.10 or more in his blood or breath; or
(b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him incapable of safely exercising actual physical control of a firearm, to have in his actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within his personal residence and had the firearm in his possession solely for self-defense.
Recommendations:
Amend “Gunfighter” permit application/requirements to specifically state it is required only for the purpose of reenactments.
Amend requirements and regulations to specify the regulation of unsafe discharge of firearms used in reenactments.