Clark County Handgun Registration program revisited

[DVC]

Other costs may include Information Technologies (IT) services/hardware/software/disaster recovery . These services are not cheap. I "assume" our registrations are stored electronically and not just on paper.

However, the blue card usage may be "space available," taking advantage of costs which are already being paid for other things.

You can expect that, once the questions are raised, the commissioners will know to the penny what is "free" and what is costing them extra.

 

[DVC]

Not picking a fight, but can you provide a cite that jeopardy attaches (accrues) the minute a defendent appears in court? Are you saying when he walks into the courtroom jeopardy attaches (accrues).

No, it accrues when the judge calls the case, asks if the prosecution is prepared to proceed, and the prosecutor says "yes," with "all elements present" (one of those being the defendant or defendant's counsel). From this moment on, the trigger has been pulled. The only four things which can happen are conviction, acquittal, mistrial or continuance. If the prosecution withdraws after this, the case is over, permanently, with no way to start over. If the prosecution doesn't answer "yes," and instead asks for a continuance, defense has grounds to call for summary dismissal, and then the judge decides -- dismissal is also permanent.

 

[DVC]

I've already done most, if not all of the leg work. I have the 911/311 calls, dispatcher radio traffic, my firearms registration information from LVMPD dated 5 months prior to the arrest, my arrest report, and the CAD report for the incident. I really need/want someone to spearhead this, because it's a clear-cut case IMO. Not to mention moving towards getting rid of this stupid blue card registration system that is obviously failed and was the reason for my arrest.

According to the arrest report, they tried multiple different systems to check for the registration, but it came back with nothing. Playing games to the max.

I've given a few "intakes" for a couple false arrest attorneys, but none have called me back or even showed the slightest of interest.

Any recommendations at this point would be awesome.

I don't know any legal beagles down there, but I really would like to sit in when this goes to court!

 

[b0neZ]

Eveofwar, you can try contacting The Bunker Law Group. I heard they handle firearms-related stuff. They might be able to help. They are located in Las Vegas.

http://bunkerlawgroup.com/


Good luck.

 

[Merlin]

I don't know any legal beagles down there, but I really would like to sit in when this goes to court!

Ditto. Keep us in the loop on court dates. I would love to sit in on this.

Sent from my Xoom using Tapatalk 2

 

[MAC702]

... who can work on Boulder City ...

I thought BC residents have always been exempt from handgun registration...

 

[The Big Guy]

I thought BC residents have always been exempt from handgun registration...

That's the first I've heard of that.

TBG

 

[usmcmustang]

That's the first I've heard of that.

TBG

Evidently, Boulder City has never had a handgun registration ordinance... so there is none. I researched their city code and could fine none.
http://www.sterlingcodifiers.com/codebook/index.php?book_id=417

 

[MrOverlay]

No, it accrues when the judge calls the case, asks if the prosecution is prepared to proceed, and the prosecutor says "yes," with "all elements present" (one of those being the defendant or defendant's counsel). From this moment on, the trigger has been pulled. The only four things which can happen are conviction, acquittal, mistrial or continuance. If the prosecution withdraws after this, the case is over, permanently, with no way to start over. If the prosecution doesn't answer "yes," and instead asks for a continuance, defense has grounds to call for summary dismissal, and then the judge decides -- dismissal is also permanent.

Thanks that is basically what I have always believed. There has to be a proceeding (trial) started for jeopardy.

 

[OC-moto450r]

2A

 

[usmcmustang]

That's the first I've heard of that.

TBG

Yeah, they just ban the possession of them!
http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section_id=137951&keywords=

Yeah... but we're talking about registration of firearms... so no, there is no registration.

However, looking at that ordinance... it certainly would seem that it restricts opening carrying, huh? At least within 1,000 yards [3/5 of a mile !!!! ;-)], etc., etc. Now, it would seem that that portion of the ordinance has been rendered null and void by preemption.

 

[The Big Guy]

Evidently, Boulder City has never had a handgun registration ordinance... so there is none. I researched their city code and could fine none.
http://www.sterlingcodifiers.com/codebook/index.php?book_id=417

Ok, so how would that exempt them from the county ordinance, (Blue Card)?

TBG

 

[usmcmustang]

Ok, so how would that exempt them from the county ordinance, (Blue Card)?

TBG

Well... they are an incorporated municipality within Clark County. Clark County's jurisdiction only extends to/within unincorporated areas/divisions/subdivisions. Otherwise, why would the preemption statute(s) be written to apply to three different jurisdictions... county... city... town. If Clark County's jurisdiction was to extend to all areas, including within the boundaries of incorporated municipalities (cities and towns) there would have needed only to be one NRS... the NRS that "talks" about Clark County (or more specifically counties of 700,000 or greater); and there would have been no need to have two other NRSs, one for cities and one for towns. Now... if you live in an unincorporated area of Clark County, registration applies because there's an NRS for that; and if you live in an incorporated city or town that has a registration ordinance... Las Vegas, North Las Vegas, Henderson, others?... Mesquite maybe?... that has a registration ordinance, registration applies because there's another NRS for that.

So, it is my understanding (rightly or wrongly) that residents of Boulder City, although within Clark County, aren't "burdened" by registration pursuant to the preemption law in effect because there were no and are no gun "registration" ordinances in Boulder City.

 

[Vegassteve]

So, it is my understanding (rightly or wrongly) that residents of Boulder City, although within Clark County, aren't "burdened" by registration pursuant to the preemption law in effect because there were no and are no gun "registration" ordinances in Boulder City.

I see one problem for boulder city folks. Metro is not smart enough to make that distinction. So it could be easy for a boulder city person to get jacked up for a few hours in the pokey. One more reason to get this thing off the books.

 

[The Big Guy]

I see one problem for boulder city folks. Metro is not smart enough to make that distinction. So it could be easy for a boulder city person to get jacked up for a few hours in the pokey. One more reason to get this thing off the books.

So not only are we here in Clark County treated as bastard stepchildren within the state, but amongst ourselves within the county. It gets confusing even for those of us trying to pay attention.

TBG

 

[usmcmustang]

I see one problem for boulder city folks. Metro is not smart enough to make that distinction. So it could be easy for a boulder city person to get jacked up for a few hours in the pokey. One more reason to get this thing off the books.

No doubt !!!! I wasn't implying that the cops wouldn't do what cops do... regardless of the right or wrong of it (lawful or unlawful). I was simply pointing out what I determined to be a distinction. I'm almost positive that a Boulder City resident open carrying a "unregistered" pistol in Clark County, outside the city limits of Boulder City may very well be arrested and jailed. People around here have been arrested and jailed for far less.

 

[usmcmustang]

It gets confusing even for those of us trying to pay attention.

TBG

Yep !

 

[Vegassteve]

No doubt !!!! I wasn't implying that the cops wouldn't do what cops do... regardless of the right or wrong of it (lawful or unlawful). I was simply pointing out what I determined to be a distinction. I'm almost positive that a Boulder City resident open carrying a "unregistered" pistol in Clark County, outside the city limits of Boulder City may very well be arrested and jailed. People around here have been arrested and jailed for far less.

Yep 100% behind you on that. And if the recent blue card arrest case is any indication, people from in state, out of state and boulder city will have guns drawn on them. And we all know how itchy metro is on the trigger.

 

[NAVYBLUE]

07/02/12



Patrick E. Moers
Interim Police Chief
Henderson Police Department
P.O. Box 95050
Henderson, NV 89009-5050


Chief Moers,

I am writing to ask for information regarding the “Blue Card” handgun registration. Specifically cost v benefit to the City of Henderson for operation of this county program.

1. The cost in man-hours to the Henderson Police Department on an annual basis?
2. Any associated costs of this program for the City of Henderson on an annual basis?
3. The number of cases solved with arrests and convictions made by Henderson Police as a direct result of the program since its inception?
4. The number of arrests and convictions made by Henderson Police for failure to comply with this county ordinance since its inception.

Your anticipated help regarding this information will be greatly appreciated.

Sincerely


TBG

I'd also make sure you tell them you are requesting the info IAW NORA and spell out NORA and the statue in case they are STOOPID !!!!

NAVYBLUE

 

[The Big Guy]

I'd also make sure you tell them you are requesting the info IAW NORA and spell out NORA and the statue in case they are STOOPID !!!!

NAVYBLUE

The folks up the food chain in the City of Henderson know me and they will assume I will push the issue if I have to. I'll try it the pleasant way first but thanks for the suggestion.

TBG