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.
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