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[size=[size=3]Dear Mr. xxx: [/size]][/size]
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[size=[size=3]Your e-mail to the Nevada Attorney General’s Office has been forwarded to me for review and response. [/size]][/size]
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[size=[size=3]This office is very much aware of NRS 268.418, NRS 244.364, and NRS 269.222. ][/size]Basically these statutes are supremacy and preemption legislation over the local statutes governing the regulation of firearms (with the exception of no shooting / no discharge of firearms authority). [/size]
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[size=[size=3]In this case preemption is the rule of law that if the Nevada State Government, through the Nevada State Legislature, has enacted legislation on a specific subject matter (in this case local firearms regulations), it shall be controlling over local laws and/or preclude local jurisdictions from enacting laws on the same subject if the State of Nevada has specifically stated it has now occupies.Again, there is no language repealing any local firearms statutes, just the language that the Nevada State Legislature now dominatesthisfield (local firearms’ regulation). ][/size][/size]
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[size=[size=3]Strict statutory constructionist reading of these statutes shows that there is no language repealing any local statutes regarding firearms; again, just the supremacy and preemptive language. ][/size]Hence all existing local firearms statutes at the time of this legislation are (were) “grandfathered” in. In more simple terms, at the time of the enactment of these statutes, the State of Nevada took control of local firearms’ statutes. The State of Nevada, in taking control of these local firearms’ statutes, did not repeal them; just preempted and took control of them! [/size]
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[size=[size=3]An excellent example of the Nevada State Legislature as the controlling / supremacy / preemption authority over existing local firearms statutes is Nevada Senate Bill][/size] 92 (2007, Statutes of Nevada, Page 1289, which amended NRS 244.364). This is the legislation that changed the handgun registration requirements in Clark County, not repealing them! [/size]
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[size=[size=3]Addressing your argument, if NRS 268.418, NRS 244.364, and NRS 269.222 (enacted in 1989) did repeal local firearms statutes (which it did not); why then did the 2007 Nevada State Legislature][/size] pass SB 92 (in 2007) to amend a Clark County firearms’ statute that was supposedly repealed eighteen (18) years earlier by NRS 268.418, NRS 244.364, and NRS 269.222 in 1989? Why pass SB 92 to amend a statue that does supposedly does not exist? [/size]
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[size=[size=3]Answer, because NRS 268.418, NRS 244.364, and NRS 269.222 did not repeal any local firearms’ statutes, just took control of them! ][/size][/size]
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[size=[size=3]Some examples of local firearms’ statutes that are still in effect are: [/size]][/size]
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[size=[size=3]North Las Vegas Municipal Code 9.32.010][/size] Concealed weapon prohibited--Allowed with permit.[/size]
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[size=[size=3]No person, except a peace officer][/size], shall wear or in any manner carry concealed upon his person any loaded or unloaded gun, pistol or revolver, or any other dangerous or deadly weapon permitted to be carried by law without having, at the same time, actually in his possession, and upon his person, an unexpired permit to do so issued by the chief of police. (Prior code § 7.22.010)[/size]
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[size=[size=3]Boulder City][/size] Municipal Code 7-1-3 Discharging Firearms, Air Guns: [/size]
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[size=[size=3]No person except a sheriff, constable or police officer shall fire or discharge any firearms or air guns of any description within one thousand (1,000) yards of any building, street, sidewalk, alley, highway or other public place or have any firearms or air gun in his possession within one thousand (1,000) yards of any building, street, sidewalk, alley, highway or public place unless it is unloaded and knocked down or enclosed within a carrying case; provided, that this Section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the City Council. This Section shall not prohibit the stocking of firearms by duly authorized dealers in the same. ][/size](Ord. 28, 1-3-1960, eff. 1-4-1960)[/size]
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[size=[size=3]These and all other existing local firearms statutes, as they now read, they are legal and enforceable unless amended or repealed by the Nevada State Legislature (not local government). ][/size]That is why there is the conditional statement on the Nevada Attorney General’s website urging caution about the possibility of local ordnances prohibiting the open (or other) carrying of firearms. [/size]
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[size=[size=3]Again, given these two examples; it is the responsibility of this office to give a generic warning that there may be local statutes governing the use of firearms. ][/size]There is no firearms’ information on the Nevada Attorney General’s website to be corrected. Your interpretation of NRS 268.418, NRS 244.364, and NRS 269.222 is not correct. The information posted on the Nevada Attorney General’s website is correct and will not be changed. [/size]
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Thank you contacting the Nevada Attorney General’s Office concerning this matter.
[size=[size=3]John C. Berrier[/size]][/size]
[size=[size=3]Legal Researcher][/size] – Criminal Division [/size]
[size=[size=3]Office of Nevada][/size] Attorney General [/size]
[size=[size=3]100 N Carson Street[/size]][/size]
[size=[size=3]Carson City, NV 89701[/size]][/size]
[size=[size=3]Telephone: (775) 684-1240][/size] [/size]
