Email to Mayor and Council
Below is the email (I sent) to oppose Henderson
BILL NO. 2743, Amend Henderson Municipal Code Chapter 8.98
For all of those residents of Henderson I urge you to either send a letter or email, make phone calls, show up to the council meeting on
July 2nd, or at least use the following link to oppose this bill. (All these things would be much more better)
https://clients.comcate.com/newrequest.php?id=90&dept=907
Changing and getting rid of these illegal laws in Nevada's second largest city will be a big plus for all of us in Clark County and all of NV. For those of you outside Henderson, urge your firearms loving friends in Henderson to do the same.
Please forgive the formatting problems caused by cut and paste.
TBG
Mayor Hafen and Council Members
I am writing you to urge you to oppose Bill No. 2743 scheduled to be heard at the July 2nd council meeting.
My reasons for opposing this Bill are as follows.
HMC 8.98.010 Concealed weapons prohibited except by permission. Has been superseded by state preemption and should be removed.
HMC 8.98.020 Police officers exempted. Meets state preemption as written.
HMC 8.98.030 Concealable weapons to be registered. The proposed changes are in violation of State law, NRS 268.418. The wording contained in Bill no. 2743
with regard to NRS 268.418 is blatantly incorrect. The legislature reserves to itself the sole authority to regulate firearms except for the discharge
thereof. The reference to the Clark County Sheriff does not appear anywhere in the statute as shown below. This is an attempt to do an end around state law.
NRS 268.418 Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 700,000
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 city 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. The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.
3. If the governing body of a city in a county whose population is 700,000 or more has required by ordinance or regulation adopted before June
13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require:
(a) A period of at least 60 days of residency in the city 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 city 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; 2011, 1159)
In an information request under NV law, the city has been unable to determine at what point the City of Henderson stopped registering under city ordinance
8.98.030 and began improperly substituting the county registration program.
8.98.030 plainly and clearly states that registration must be with the Henderson Chief of Police. Nowhere is the Henderson Police department given
authority or responsibility to enforce Clark County law under 8.98.030.
Under HMC 8.98.030 the Chief of Police has no authority to delegate registration responsibility to the county. As an incorporated city, county law does
not apply. A charge brought against an individual under HMC 8.98.030 because the citizen had not registered with the county is improper. In order to be
properly charged under 8.98.030 there would have to be a system in place to register with the Chief of Police as the code clearly states. There is no
system in place which allows citizens to comply with this code. Under an information request I have been advised by the City Attorney's office that
there have been 160 arrests from 2007 (state preemption) to date for violation of 8.98.03.
Clark County Code 12.04.200 prohibits possession of pistols or firearms capable of being carried concealed within the unincorporated area of Clark County
unless within 60 days it has been registered with the sheriff or with a police department of any of the incorporated cities of Clark County.
As can be seen from the above reference to County Code, the county cannot force citizens of incorporated cities to register with the county, hence the
mention of "
a police department of any of the incorporated cities of Clark County". County registration only applies to the
unincorporated areas of Clark
County.
It is my belief that the City Attorney's office, which is recommending the changes to HMC 8.98.030, obviously agrees this ordinance is invalid as
now enforced. Therefore they are improperly attempting to tie it to county law. This code is valid under preemption if it is enforced as is but under state preemption
it cannot be changed to alter the original meaning. For it to be properly enforced all citizens of Henderson, whether registered with Clark County or not,
would have to be notified that they are required to register with the Henderson Chief of Police and an expensive program be put in place to do just that.
County registration has shown that there has been no cost/benefit advantage to this ordinance on the county level as millions of firearms have been
registered over the past 60 years and only one or two cases can be pointed to where registration may have played any part in the solving of crimes.
This at a cost of millions of dollars.
HMC 8.98.040 Exchange of weapons to be registered. Has been superseded by state preemption and should be removed.
HMC 8.98.050 Concealable weapon defined.
This Municipal code should simply be removed and not amended as state law defines concealable firearms per 268.418 above. The city has no authority
under NRS 268.418 to regulate this area or amend this outdated code. It has been voided by state law so there is no reason to have it on the books. The
City police are already charged with the responsibility and authority to enforce state law per HMC 2.40.030 Policy of the city.
It appears to me that this Bill No. 2743 is also in violation of City Ordinance 2.40.030(A) Policy of the city, which states in part:
A. The proper operation of democratic government requires that public servants:
5. Shall uphold the Constitution of the United States, the Constitution of
Nevada and the Charter of the City of Henderson, and carry out
Impartially the laws of the United States, the State of Nevada and the
Henderson Municipal code, and thus foster respect for all government.
Judging by the proposed change in Municipal code City officials would be in violation of 2.40.030 as Bill No. 2743 ignores state law.
I request that this bill be returned to the City Attorney's office for the needed corrections.
Sincerely
