Posted: 4/3/2005 3:10:31 PM EDT
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I'm confused..... It has always been my understanding that Nevada is a "Preemptive Law" state. It is my further understanding that when a law is passes, no city or county may pass a law that is stricter than the state law, unless the city or county already has an existing law and it is "Grandfathered-In." Someone in law enforcement recently informed me that if a city or county wanted to prohibit the carrying of concealed weapons, even with a valid state issued permit (a Nevada permit is supposedly valid throughout the state without restriction) they could pass and enforce that law. I don't believe this is the case, but maybe there is something I am missing here. Perhaps Jim or Chiz can clarify this for me. Much thanks in advance. Be Safe. Joe |
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Once Upon A Time... Mayor Oscar Goodman had a falling out with City Councilman Michael McDonald, in the course of things, Hizzoner discovered that Mikey Mac was carrying a concealed handgun into City Council Meetings. Hizzoner was outraged, outraged that such a thing would be going on in the hallowed halls of city government, and tried to take steps to stop it. Much to Hizzoner's chagrin, City Attorney Brad Jerbic informed Hizzonr that it was perfectly legal for Mikey Mac to carry in the chamber, since Mikey Mac was a retired Po-Po, and state statute allowed him to do so. Hizzoner then attempted to get the City Council Members to pass a City Ordinance prohibiting anyone but active-duty officers from carrying in the hallowed grounds of City Hall. CA Jerbic then politely informed Hizzoner that, no, that wouldn't fly since state pre-emption doesn't allow it. In a fit of pique, Hizzoner did the only thing that was allowed by law, that is he posted the "No Firearms" signs that you see at every entrance to City Hall. Of course, that didn't affect Mikey Mac, since he's a retired Po-Po and he's an employee in the building. And that's why CFP holders can't carry at City Hall. LV Sun Article LVRJ Article |
Jim, The whole "Hizzoner" thing is why citizens can't register their handguns at Metro's Main Station (400 East Stewart) anymore, and I understand that. With all due respect here Jim (and I do mean all due respect), I know the story behind GinBoy's decision to utilize (maximize) the state statute regarding the carrying firearms in City owned or occupied buildings. On the other hand, HIZZONER didn't create a new law opposing that practice, he just used the current statute to further implement his anti-gun agenda. My original question was based on whether or not a city or county can pass a NEW law that supercedes current statute. Or, do cities and counties have to stay within current preemptive Nevada statutes when they make their ordinances/codes? Once again, much thanks in advance. Be Safe. Joe |
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Your original assessment is correct. The Nevada legislature decided several years ago that they were in sole charge of the laws regarding the carrying of firearms. I believe it was to prevent more city ordinances like North Las Vegas and Clark's registration issues. I cannot provide documentation for this, but if you contact the Nevada State Rifle and Pistol Association I am sure they can give you the specifics. All cities and counties can do now is regulate the DISCHARGE of firearms within their jurisdiction. The problem is gonna be when those buttholes from the "Blue State" south get total control of the Legislature. Then they are gonna make the us just like their beloved Kalifornistan. Also, never assume that just because someone is an LEO that they have any idea about how law actually works. You'd be surprised how many laws they don't know . When it comes to firearms, I have been over this a lot with LEOs. Rest assured that our biggest threat will come from the state level. |
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Thanks GM, I knew that the preemtion law was there for a reason. I suppose the original intent was to prohibit a labyrinth of individual laws that would attempt to go over less restrictive state statutes. The preemption statute was made by forward thinking lawmakers in Nevada. Lawmakers that we will probably not see the likes of again (well at least we still have Lynn Hettrick, R-Gardnerville, and a few normal lawmakers from the Cow Counties, and here in Clark County). I agree that the "Kommiefornians" are going to trash our legislature in the coming years and the fish (Nevada) will truly start rotting from the head down (Carson City). I have been in Las Vegas, for nearly 30 years and I am sad to say that I have witnessed this great city literally deteriorate before my very eyes. The new people that are moving here to escape Tyranny from other states such as Kommiefornia (The Continent of Feinstein), Massachusetts (Kennedyville), New Jersey (Upper Lautenberg), New York (ChuckShumerkastan), and all the other slave states might find Las Vegas a refreshing change, but they will never get to live through what this remarkable town truly was, only what it will never be.... Thanks again. Be Safe. Joe |
The point that I was trying to make was that Hizzoner did try to pass a new city ordinance, and was told at the time that he couldn't do it because of the pre-emption law. Note the section above highlighted in yellow. |
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Thanks for hilighting that for me Jim, I must have missed it on the first read. I guess the preemtion law does work. But why did GinBoy make it so Metro can't register guns for citizens at City Hall? That has been a big inconvenience for some people. I guess Gin makes the brain do weird things. Someone one told me that doctors detected blood in Hizzoner's alcohol stream. Is there any truth to that? Just wonderin'. Be Safe. Joe |