Miss you guys a bit, not much though...
.
I had to post this article. I hope it is not a dupe, my arfcom searchfu may suck a little.
Hope you are all well. Stay warm! I am trying to.
Link
Testimony of a Las Vegas Police Sergeant on Pistol Registration in Nevada
By Christopher Hansen,
The following testimony is from Sgt. Petko of the Las Vegas METRO Police Department concerning the confiscation of my son’s pistol the night the Cops came to our home and tore my rotator cuff and violated many of our rights. Please remember that we called them for assistance concerning a violent, formerly convicted, trespasser and his dangerous violent pitbull that had come into our fenced backyard.
Sgt. Petko is a 23 year veteran of the Las Vegas Police force. He was the supervisor in charge of the Internal Affairs investigation to determine if the police that violated our rights, did indeed violate our rights.
Sgt. Pinjuv was a 34 year veteran of the Las Vegas METRO Police Department. He is mentioned in the questioning as the officer that decided to impound the pistol.
To let you know up front there is no Nevada Revised Statute that requires a handgun to be registered in Nevada.
Clark County does have a registration requirement but only for residents of Clark County. My son, Joshua, was not a resident of Clark County the night of the incident.
Title 12 PUBLIC PEACE, SAFETY AND MORALS, Chapter 12.04 FIREARMS AND AIR GUNS, 12.04.110: Registration of pistols within seventy-two hours. Any resident of the county receiving title to a pistol, whether by purchase, gift, or any other transfer, and whether from a dealer or from any other person, shall, within seventy-two hours of such receipt, personally appear at the county sheriff’s office, together with the pistol, for the purpose of registering the same with the sheriff. It shall be the duty of the sheriff to register the pistol, and he may, and is hereby authorized to cooperate in any manner he sees fit with other law enforcement agencies, and with licensed dealers, relative to registration of pistols, so that efficient registration shall be secured at minimum cost and duplication.
Of course a citizen of Washoe or Nye county is not a resident of Clark County so he would not be required to register a pistol with the Clark County Sheriff even if he purchased a pistol in Clark County, any more than a citizen of Wyoming would need to get a Nevada Driver’s license while visiting Clark County.
Joshua was not charged with a crime the night they confiscated his pistol. In fact, according to the testimony under oath of officers on the scene he was not even suspected of a crime. If you are not “charged” with a crime there is no law that allows police to confiscate a weapon. There is a law that allows for confiscation if you have been charged with with a public offense or crime. That law states:
NRS 202.340 Confiscation and disposition of dangerous weapons by law enforcement agencies.
1. Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any instrument or weapon described in NRS 202.350 is taken from the possession of any person charged with the commission of any public offense or crime or any child charged with committing a delinquent act, the instrument or weapon must be surrendered to:
(a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city…
With this knowledge in mind I hope you enjoy knowing how knowledgeable and well trained Las Vegas METRO Police are. (LOL) So remember when you call them for help that their level of training concerning your rights may be equivalent to Sgt. Petko and/or Sgt. Pinjuv so you better think before calling them. The life or pistol you save may be your own.
One last side note: Joshua did file a compliant and the Internal Affairs Officers refused to even consider it as a complaint. We just found out about this last week. My wife also filed a complaint and it was also never considered as being a filed complaint.
Since some METRO Police may read this so I must tell them that “NRS” stands for Nevada Revised Statute. That is different than the Clark County ordinances. The NRS applies to the State of Nevada while Clark County ordinaces apply to Clark County. Once again for Metro Officers, Nevada has 17 Counties. Each County has their own ordinances and none of the other Nevada counties requires any gun registration. To look them up yourself Click Here.
19 Q. Okay. There it is. Okay. Sergeant, it says
20 “Sergeant Pinjuv’s decision to impound the unregistered
21 handgun was in accordance with NRS and LVMPD policy,
22 and reasonable given the conduct of the Hansens while
23 confronting their neighbor.” Okay, good. Now so we
24 have something in there.
25 Did you investigate and make conclusions with
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1 regard to whether or not the officers had the legal
2 right to seize and impound Joshua’s handgun?
3 A. We did look at that aspect, yes.
4 Q. Do you know what law it was that Josh was
5 breaking by having this unregistered handgun?
6 A. I could not spell the exact statute out for
7 it, but it is clearly delineated in our statutes here,
8 NRS.
9 Q. It’s an NRS?
10 A. Um-hum.
11 Q. Okay. So the Metro’s view of it is that he
12 was breaking the NRS law against having an unregistered
13 handgun?
14 A. It’s not a viewpoint; it’s the law.
15 Q. Okay. But your conclusion was that he was
16 breaking a Nevada Revised Statute by having an
17 unregistered handgun?
18 A. That’s why the statement was put into the
19 report, yes. [The report is the Internal Affairs Report clearing the officers of wrong doing.]
20 Q. But you can’t — as we sit here today, you
21 can’t say, okay, it was NRS such-and-such? You don’t
22 know the number?
23 A. I don’t know the exact chapter. [Surprise! Surprise!]
24 Q. Do you know if there’s some reason why in a
25 finding like this that they wouldn’t, or that you
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1 wouldn’t actually quote the statute that you were
2 relying upon?
3 A. Because the original allegation was more
4 concerned with the application of force and the
5 interaction with the public, rather than the impounding
6 of the firearm.
7 Q. I believe in Joshua’s statement he complained
8 quite bitterly about the fact that his handgun had been
9 impounded. Did you happen to read his complaint there?
10 A. I did, but Joshua was not the complainant for
11 the purposes of our investigation; Mr. Hansen was. [AMAZING! Why wasn't Joshua's complaint a part of the investigation? We still do not know.]
12 Q. Can you tell me, what is the law, the NRS –
13 I’m not asking you to cite the law but to have you tell
14 me the understanding what the law says about having an
15 unregistered handgun in your possession. What is that?
16 What is the law, as you understand it? I don’t expect
17 you to quote it, just what is it?
18 [Petko's Attorney]: You can paraphrase.
19 THE WITNESS: Essentially all handguns within
20 the state of Nevada have to be registered, and an
21 individual that is in possession of a handgun that
22 isn’t registered would be in violation of the chapter.
23 BY [Our Attorney]:
24 Q. And then based on this Nevada statute that
25 makes it illegal to have in your possession an
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1 unregistered handgun, does the law give the police the
2 right when they find that out to confiscate and impound
3 the gun?
4 A. I believe that it does. [Too bad for us complainers that Sgt. Petko does not know the law. But then we cannot really expect the Sgt. in charge of an Internal Affairs Investigation to know what the law is because if they did then Sgt. Pinjuv would not have been exonerated and we cannot be punishing 34 year Veterans of the Police Force. They are our heroes...Right?]
5 Q. Can you tell me where it says that?
6 A. Without quoting the statute, I would not be
7 able to do that. [Surprise! Surprise!]
I am not allowed to call the sheriff to complain. His number is 702-828-3394 or his email is
[email protected].
_________________________
V
OUT