timf343
Campaign Veteran
imported post
This is what I originally thought as well. But remember, this law was enacted in 1989 (all three code sections). When the law was enacted, the act specified the law applies to all ordinances created on or after June 13, 1989. At that time, there was no mention of registration of any kind. All ordinances created prior to June 13, 1989 were permitted, including the registration ordinance, the dangerous weapons ordinance (NLV), and the no possession ordinance (BC).
When the law was amended October 1, 2007, language was added to each NRS chapter regarding registration. As this was the bulk of the addition, it's easy to focus on it. However, one very important detail was changed as well.
The 2007 law amended the ACT of the 1989 law. The unaltered portions of the 1989 law, plus the amended portions of the 2007 law were enacted by the statement:
"The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989."
So when we look at the in-force NRS 244.364 section, there are only four paragraphs:
Paragraph 1 originally stated the state preempts all local laws. It was amended to include a broader definition of firearm, used only in that subsection, so that the state preempts laws regarding traditional guns utilizing gunpowder, airguns, spring guns, or any other type of device meant to propel a projectile. This strengthened the preemption by broadening the definition of firearm.
Paragraph 2 remained unaltered from the original 1989 law, giving counties the right to regular the discharge of firearms. But not, the definition of firearm reverts back to the more narrow definition (see Paragraph 4). So any laws regarding air guns, spring guns, or any other similar device (not an explosive-based gun) are preempted as well.
Paragraph 3 was added, and is entirely new in 2007.
Paragraph 4 was added, and is entirely new in 2007. This subsection changes the definition of firearm back to the more narrower explosive-based gun only.
This is clear legislative intent in the 2007 amendment that the state does not want local government having laws on the books regarding gun control. I say the intent is clear because Paragraph 1 preempts all gun laws using the broadest possible definition of gun, and then, the limited exceptions they make (discharge & registration) apply only to the narrower definition.
Last, the "The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989." statement that actually enacts the law was amended to include the word "before". So, NRS 244.364, and all four paragraphs (subsections), are enacted June 13, 1989, amended October 1, 2007, and apply to ordinances or regulations adopted (any time).
This is what I originally thought as well. But remember, this law was enacted in 1989 (all three code sections). When the law was enacted, the act specified the law applies to all ordinances created on or after June 13, 1989. At that time, there was no mention of registration of any kind. All ordinances created prior to June 13, 1989 were permitted, including the registration ordinance, the dangerous weapons ordinance (NLV), and the no possession ordinance (BC).
When the law was amended October 1, 2007, language was added to each NRS chapter regarding registration. As this was the bulk of the addition, it's easy to focus on it. However, one very important detail was changed as well.
The 2007 law amended the ACT of the 1989 law. The unaltered portions of the 1989 law, plus the amended portions of the 2007 law were enacted by the statement:
"The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989."
So when we look at the in-force NRS 244.364 section, there are only four paragraphs:
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.
Paragraph 2 remained unaltered from the original 1989 law, giving counties the right to regular the discharge of firearms. But not, the definition of firearm reverts back to the more narrow definition (see Paragraph 4). So any laws regarding air guns, spring guns, or any other similar device (not an explosive-based gun) are preempted as well.
Paragraph 3 was added, and is entirely new in 2007.
Paragraph 4 was added, and is entirely new in 2007. This subsection changes the definition of firearm back to the more narrower explosive-based gun only.
This is clear legislative intent in the 2007 amendment that the state does not want local government having laws on the books regarding gun control. I say the intent is clear because Paragraph 1 preempts all gun laws using the broadest possible definition of gun, and then, the limited exceptions they make (discharge & registration) apply only to the narrower definition.
Last, the "The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989." statement that actually enacts the law was amended to include the word "before". So, NRS 244.364, and all four paragraphs (subsections), are enacted June 13, 1989, amended October 1, 2007, and apply to ordinances or regulations adopted (any time).