December 12, 2007
District Attorney David Roger
200 S 3rd
Las Vegas NV 89155-9900
City Attorney Bradford Jerbic
400 Stewart Ave
Las Vegas NV 89101
City Attorney Carrie Torrence
2200 Civic Center Dr
North Las Vegas NV 89030
Sheriff Douglas Gillespie
3141 E Sunrise Ave
Las Vegas NV 89101
Chief Mark Paresi
1301 E Lake Mead Blvd
North Las Vegas NV 89030
Lady and Gentlemen,
As you know, the Nevada Revised Statutes concerning firearms law were recently 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 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 county/city/town may proscribe by ordinance or regulation the unsafe discharge of firearms. 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.
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.
A board of county commissioners, governing body of a city and town board in a county whose population is 400,000 or more shall amend any ordinance or regulation adopted by that body before June 13, 1989, that does not conform with the provisions of NRS 244.364, as amended by section 1 of this act, NRS 268.418, as amended by section 2 of this act or NRS 269.222, as amended by section 3 of this act, as applicable, by January 1, 2008. Any ordinance or regulation that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law.
Clearly, handgun registration in Clark County was grandfathered, if amended to allow residents 72 hours and non residents 60 days in which to register.
In view of the phrase “… apply to ordinances or regulations adopted before, on or after June 13, 1989,” it is equally clear the law does not grandfather any other county/city ordinances; indeed, 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.
We have completed a review of Las Vegas and North Las Vegas municipal codes and Clark County code (at
www.ordlink.com/codes/lasvegas/index.htm,
Link Removed and
www.ordlink.com/codes/clarknv/index.htm) and note the required changes are not reflected therein. Clearly, virtually all of the city/county firearms related ordinances (as posted at the above noted links) are now null, void and unenforceable.
Have the city/county ordinances been repealed/amended? Or is there a move afoot to do so as required by Nevada law? Have the sheriff and city police departments been informed that most of the ordinances are now, or on January 1, 2008 will be, null, void and unenforceable?
As we enjoy visiting your fine cities, the 424-member Stillwater Firearms Association and untold numbers of Clark County and Nevada law abiding citizens anxiously await your response.
I can be reached via email at
[email protected]
Sincerely,
