Quoted:
I agree about the preemption statute.

Someone else here says they have seen it prosecuted since then ( lack of sleep is making me forget the instructor's name).

I had enough problems getting the county to even accept a gun case in a park. That was with dopers and bangers carrying.

     NRS 244.364  Limited authority to regulate firearms; restrictions concerning registration of certain firearms in county whose population is 400,000 or more.

     1.  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 may infringe upon those rights and powers. As used in this subsection, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.

     2.  A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.

     3.  If a board of county commissioners 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 board of county commissioners shall amend such an ordinance or regulation to require:

     (a) A period of at least 60 days of residency in the county 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 county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.

     4.  Except as otherwise provided in subsection 1, as used in this section:

     (a) “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

     (b) “Firearm capable of being concealed” includes all firearms having a barrel less than 12 inches in length.

     (c) “Pistol” means a firearm capable of being concealed that is intended to be aimed and fired with one hand.

     (Added to NRS by 1989, 652; A 2007, 1289)

NRS 244.309  Powers and duties.  The commission may have the following powers and duties as determined by the board and as set forth by the board in the organizational ordinance:

     1.  To determine policy in regard to recreational, cultural and park facilities.

     2.  To promulgate regulations governing the use of such facilities.

     3.  To prepare plans for additional recreational, cultural and park facilities and the development of existing facilities.

     4.  To operate and maintain existing facilities.

     5.  To fix, and from time to time increase or decrease, rates, tolls and charges for services and the use or availability of facilities.

     6.  To employ technical and clerical staff.

     7.  To prepare and submit annual budgets to the board.

     8.  To purchase or lease land subject to the statutes governing purchases and leases of land by the board.

     9.  To acquire by gift, bequest or devise any real or personal property for recreational, cultural and park facilities.

     10.  To administer any trusts declared for recreational, cultural and park facilities in the county.

     11.  To enter into contracts for the construction and development of recreational, cultural and park facilities.

     12.  To cooperate with the county manager in all matters relating to recreational, cultural and park facilities.

     13.  To do all other acts necessary and pertinent to a park, recreational and cultural program.

     14.  To expend all money collected to the credit of facilities under the control of the commission, but all money received for such facilities must be deposited in the county treasury to the credit of the commission and paid out only upon warrants drawn by the commission upon properly authenticated vouchers of the commission after approval of the same by the county auditor.

     15.  To exercise such additional powers and perform such additional duties as delegated by the board in its discretion for a park, recreational and cultural program.

     (Added to NRS by 1963, 411; A 1991, 399)

Quoted:
So all the city would have to do as well then is just post a little sign and then it could deny me my 2nd amend rights ???  I am not trying to be an ass here, I am really trying to grasp this..... I don't understand why I am denied my rights in a public park.

8.99.030 Rules and regulations regarding use of parks and park facilities.

A. The following rules and regulations shall apply to all parks and park facilities within the city of Henderson. All parks shall be open from six a.m. to twelve midnight daily, unless otherwise posted. No person shall be in a park or park facility between midnight and six a.m. without the prior express written authorization of the director of parks and recreation or his designated representative.
B. The prior express written authorization of the director of parks and recreation or his designated representative is required for the following activities in a park or park facility:
1. Activities such as dunk tanks, hot air balloons, carnivals, inflatable bounce houses, catering services, festivals, or activities which require the use of tents, awnings or portable shelters;
2. Parking a vehicle or trailer in a park between twelve midnight and six a.m.;
3. Use of a park or park facility for profit or personal gain;
4. Selling or offering for sale any service, merchandise, food, beverage, article or thing, provided that this rule shall not apply to the sale of merchandise which is inextricably intertwined with a statement carrying a religious, political, philosophical or ideological message, or original artwork reflecting an artist’s self-expression; or
5. Fireworks display.
C. The express written authorization of the director of parks and recreation or his designated representative, as required herein or otherwise, may be requested as follows:
1. A written request for such use must be submitted to the parks and recreation director;
2. The park, or portion thereof, must be properly reserved according to city policy;
3. The reservation fee, if any, must be paid;
4. A license (if applicable) must be properly applied for and issued; and
5. Issuance of written authorization shall be at the sole discretion of the director of parks and recreation or his designated representative.
D. All persons using a park or park facility shall abide by any posted rules or guidelines pertaining thereto.
E. Motor vehicles shall be parked or operated only in designated areas. No vehicle maintenance is allowed in the park or parking lot. Motorized skateboards are prohibited. Only authorized motorized vehicles are allowed at any time on park trails, pathways, or nondesignated areas. No motor vehicles shall exceed a speed of fifteen mph in any park, unless otherwise posted.
F. No golfing shall be allowed in a park, unless otherwise posted.
G. No glass or breakable containers of any kind shall be permitted in a park or park facility at any time.
H. Alcohol is prohibited in any portion of a park and park facility, including the parking lot, unless authorized via written consent by the director of parks and recreation or his designee.
I. Bathing and the laundering of personal items such as clothing is prohibited in any portion of a park or park facility, including the parking lot and restroom facilities.
J. No person shall commit any act in a park or park facility that would endanger the health, safety or welfare of any person.
K. Climbing on or swinging from branches of trees or landscaping is prohibited.
L. Where allowed, all pets in a park or park facility shall be restrained and controlled by a leash no longer than six feet. Pet waste must be cleaned up and disposed of properly (HMC 7.04.130).
M. No person other than a duly authorized city employee in the performance of his/her duty shall cut, deface, injure or burn any structure or feature (including landscape feature) of a park or park facility or remove any equipment from a park or park facility.
N. No firearms, archery, paint ball weapons, air guns, BB guns, or like devices shall be allowed in a park or park facility.
O. Where a park, park facility, or an area within a park or park facility has been properly reserved for a particular use, and the permittee has not opened the use to members of the general public, no uninvited person shall remain at the reserved area after being directed by the permittee or his agent to leave. Regardless of whether the permittee has opened the use to the general public, no person shall substantially prevent any other person from viewing, hearing, or otherwise participating in the message the permittee wishes to convey, nor shall any person himself participate in the use and convey a message opposed to that of the permittee without the permittee’s permission.
P. No person shall release, discharge, drop or spread upon or in any park or park facility any litter, trash, rubbish, waste, garbage, refuse, chemicals, or ashes, other than by placing the same in trash containers or receptacles provided by the parks and recreation department.
Q. Horses shall not be permitted in parks or on park pathways or trails unless otherwise permitted by posted signs.
R. Fires for cooking only are restricted to permanent grills provided by the parks and a recreation department. No private or personal cooking apparatus may be used. Noncooking fires are prohibited.
S. Fireworks and other explosives are prohibited except as a part of an approved and permitted fireworks display.
T. Use of city dumpsters for disposing of residential or commercial refuse is prohibited.
U. Skateboarding or in-line skating is permitted on parking lots, sidewalks and trails only. Skateboarding or in-line skating is prohibited on handrails, sports courts, benches, tables, or other park equipment. (Ord. 2699 § 1, 2008; Ord. 2466 § 2, 2006; Ord. 2385 § 3, 2005; Ord. 2384 § 4, 2005; Ord. 2382 § 5, 2005; Ord. 1977 § 1 (part), 2000)

Sec. 11.  Right to keep and bear arms; civil power supreme.

     1.  Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.

Quoted:
We have two different statutes at work:

Here's the pre-emption statute:


And here's the statute allowing Counties the regulation and promulgation of park rules:


So the state pre-emption does not apply to parks, by statute. Cities have a similar exemption.

Wolfie, you might consider making this a sticky.

Quoted:
I still don't understand how ANY of these dinky ass ordinances passes muster against the following...



...which is directly from the Nevada State Constitution.

-Caver

Quoted:
The park is government property like a school, police station, or court building.  You cannot cary a weapon into any of those places.

You're right, you have a constitutional right to carry a concealed weapon.  However, you do not have a constitutional right to use the park.

Sec: 20.  Rights retained by people.  This enumeration of rights shall not be construed to impair or deny others retained by the people.

Section. 1.  Inalienable rights.  All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness[.]

Quoted:


To be perfectly honest, I've always had a big issue with this line of reasoning. First of all, some of my tax money goes to that park, and I think any reasonable person would agree that one should have a right to utilize what they paid for.

This line of reasoning also implies that we only have the rights enumerated in the (State or Federal) constitutions. This completely flies in the face of what it actually says in the State Constitution:



Additionally, I would say that using a publicly funded park is indeed a Constitutional right.



After all, why do we build parks except to promote "enjoying" life and "obtaining" happiness? Those are things we are Constitutionally guaranteed, and are the sole purpose of our parks!

Claiming I can't bring a firearm––for the purpose of defending life––into a public park is saying I have to give up one Constitutionally guaranteed right in order to secure another. I can go to the park, but I am not allowed to defend myself with a firearm if I so choose? Makes no sense to any reasonable human being.

This also leads to some very dangerous territory. Is it a Constitutional right to walk down the sidewalk? Go to the shopping mall? Drive on the roads? If my rights to bears arms and for defense of life can be taken away in a public park, then why not roads, sidewalks, or any public place at all?

Does this suggest that our right to keep and bear arms, and defend life and liberty stops at the threshold of our homes?

And let's take this further... how about my freedom of speech? religion? Unlawful search and seizure? We give up all of those Constitutionally guaranteed rights the moment we step outside our homes or decide to go to a public park?

-Caver

The park is government property like a school, police station, or court building.  You cannot cary a weapon into any of those places.

Quoted:
RDP, I'm sorry to say that in my opinion of researching the "law", your interpretation isn't the "law" on the books––taking constittions, statutes, case law, etc. into account.  Again, I don't agree with it, but it's what you're gonna find.

Your example about discrimination based upon race, etc––the government would be prohibited by a different "law" from doing that.

I have no doubt that carrying a gun in a park would be considered a time, place, and manner type restriction.  Whether it is reasonable restriction is where the argument would be, and I bet we'd lose the argument in claiming that it is unreasonable.  I don't like it, but that's how I see it going down.

Unfortunately again, you can't use logic and common sense––it's the "law" we're dealing with here  

Quoted:
RDP, I'm sorry to say that in my opinion of researching the "law", your interpretation isn't the "law" on the books––taking constittions, statutes, case law, etc. into account.  Again, I don't agree with it, but it's what you're gonna find.

Your example about discrimination based upon race, etc––the government would be prohibited by a different "law" from doing that.

I have no doubt that carrying a gun in a park would be considered a time, place, and manner type restriction.  Whether it is reasonable restriction is where the argument would be, and I bet we'd lose the argument in claiming that it is unreasonable.  I don't like it, but that's how I see it going down.

Unfortunately again, you can't use logic and common sense––it's the "law" we're dealing with here  

Quoted:
I still don't understand how ANY of these dinky ass ordinances passes muster against the following...



...which is directly from the Nevada State Constitution.

-Caver

Quoted:


Now try reading the rest of the Nevada Constitution, like the part that empowers the Legislature to enact the laws that we should follow, and empowers the Judiciary to interpret those laws.

I see this all the time, someone takes a single line out of context, and attempts to use it to prove their point while ignoring the parts that don't suit them.

That's one of the reasons that I try to provide the entire text of the pertinent statute when I'm presenting my argument.

The Henderson Justice Court gets a lot of the CCPP tickets, and we have had several weapons violations of late, so I know they are still prosecuting and fining violators.

Be aware that if you choose to plead guilty and pay the fine, NRS 202.340 says that your firearm may be retained by the police.

Quoted:


Now try reading the rest of the Nevada Constitution, like the part that empowers the Legislature to enact the laws that we should follow, and empowers the Judiciary to interpret those laws.

I see this all the time, someone takes a single line out of context, and attempts to use it to prove their point while ignoring the parts that don't suit them.

That's one of the reasons that I try to provide the entire text of the pertinent statute when I'm presenting my argument.

The Henderson Justice Court gets a lot of the CCPP tickets, and we have had several weapons violations of late, so I know they are still prosecuting and fining violators.

Be aware that if you choose to plead guilty and pay the fine, NRS 202.340 says that your firearm may be retained by the police.

Quoted:

What I was trying to say is, even if that is the reality of the situation––if you carry in the park, you will be ticketed, lose your gun, and pay hefty fines––is flat out unconstitutional even from the perspective of the state constitution.

It might be happening, but there does not appear to be any legal basis for it. I'll follow the law, but I sure don't like it and I sure as hell am going to question it.

-Caver

Quoted:
Do I have a constitutional right to use a park when my taxes pay for it ??

They pay for city sidewalk..... I have the right to use it.....

Quoted:
Sidewalks, street, etc. are also owned by the city. Just a thought