Monday, November 23, 2015

LVCCLD 'Official' Unofficial Open Carry Ban Policy

A recent Nevada Open Records Act (NORA) record dump revealed precious little information about the Las Vegas-Clark County Library District’s legal (and mental) gymnastics to try and justify their denial of legal open carry. This is the document that several patrons have been shown to justify the ban and the same language contained in earlier letters.

It looks like they tried to cook this up without running this buy their counsel, Gerald Welt. They really should study the legal issues first.

NRS 379.040 empowers the board of trustees, not administration or staff, to make regulations. This is a legislative function reserved to appointed members of the board, presumably to avoid arbitrary and capricious regulations based on the whims of someone in charge. Only after giving the public notice, listening to public comments, and reasoned debate can a regulation be adopted. Simply expounding on a vague rule that essentially says the library district’s policy is the state law prohibiting concealed weapons in posted buildings is not what NRS 379.040 authorizes.

Library staff would be well within their rights to eject someone mishandling a firearm or otherwise causing a disturbance.

We are still waiting for a source to provide us with emails and internal communications regarding this issue. Stay tuned.

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