Email from City Attorney
The following is the most recent communication from Josh Reid, Henderson City Attorney regarding my opposition to Bill 2743.
I am preparing a reply. (Took me a while to quit banging my head against the wall but my head is clear now).
TBG
Mr. Low:
It’s nice to hear from you again, and I hope that you are well. Similar to our discussion a couple months ago, I would like to provide a response to some of your points below as I respectfully disagree that Bill No. 2743 violates the provisions in NRS 268.418. The City of Henderson has had a gun registration requirement via ordinance since 1954. It is true that the Nevada Legislature limited the ability of cities to regulate the transfer, sale, purchase, ownership, transportation and registration of firearms in 1989 with one important exception found in NRS 268.418(3). NRS 268.418(3) allows for cities that have “required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed” to continue to require such registration.
As you have pointed out previously, in 2007 the Nevada Legislature added additional requirements to grandfathered City firearm registration ordinances in SB 92, including a 60 day residency requirement before registration is required. Bill No. 2743 makes changes to HMC 8.98 pursuant to SB 92, which have since been codified in NRS 268.418. As we discussed, Bill No. 2743 is part of the Henderson Municipal Code Project, which is a year long process to update our municipal code and assure compliance with state and federal laws. Even though the City is modifying HMC 8.98 several years after the effective date of SB 92, Section 5 of SB 92 specifically stated that any grandfathered city “regulation or ordinance that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law.” “Applicable provision” refers to the 60 day residency requirement before registration is required as well as the 72 hour registration requirement after the transfer of title found in Section 3 of SB 92. Accordingly, by the clear wording of both SB 92 and NRS 268.418(3), the City’s grandfathered firearm registration requirement found in HMC 8.98 remains in full effect whether or not it is modified by Bill No. 2743.
In your email below you also make the argument that because HMC 8.98 states that registration is made with the “chief of police” but the City of Henderson has used the Clark County Sheriff’s Office as its registration database that HMC 8.98 is invalid (even though firearm registrations are accepted at Henderson Police stations). It is very common for municipalities to use other local governments or agencies, even private companies, in the enforcement of municipal ordinances in order to reduce costs and redundancies in government. What is essential is that it is the City of Henderson that
enforces HMC 8.98 through the Henderson Police Department, the Henderson City Attorney’s Office and the Henderson Municipal Court. The Clark County Sheriff’s Office does not and will not enforce HMC 8.98. NRS 268.418(3) states that in order for a city to have a valid firearm registration requirement the city must have “required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm being capable of being concealed.” As I stated before, the City’s registration requirement was adopted by ordinance in 1954, and it does not matter whether the City outsources the City’s database for firearms registration, just that it is “required by ordinance” in the City.
It is also important to point out that
even if the Henderson City Council votes not to pass Bill No. 2743 in order to amend HMC 8.98, the City of Henderson’s firearm registration requirement will still be in effect in HMC 8.98. Bill No. 2743 simply updates HMC 8.98. The change regarding registering with the Clark County Sheriff’s Office is for the ease of City residents, who will still be able to register their firearms at Henderson Police stations. The Sheriff’s Office cannot and will not enforce HMC 8.98 as that is the jurisdiction of the Henderson Police Department.
Please let me know if you have any additional comments or concerns. Your email will be included as part of the meeting record. Regards,
Josh M. Reid |
City Attorney |
City of Henderson
240 Water Street, PO Box 95050, MSC 144, Henderson NV 89009-5050
702-267-1200 | Fax: 702-267-1201 |
josh.reid@cityofhenderson.com
Assistant: 702-267-1210 or
cheryl.navitskis@cityofhenderson.com
Office Hours: Monday - Thursday 7:30a.m. to 5:30p.m.