Sunday, June 5, 2016

Library Open Carry Suit; Guide to Posts

2/13/2017 UPDATE: SB 115 makes libraries into gun free zones.

2/28 Senate Judiciary Hearing: Went well for our side!

Candid Facts on the Origin of SB 115 (a must read for the full background)

This bill would amend NRS 202.265 to prohibit firearms (openly or concealed) at public libraries, except with written permission of the Board of Trustees, even in the parking lot. The permission requirement would be just like schools and almost undoubtedly denied for anyone but security guards by certain districts, namely the Las Vegas Clark-County School District (LVCCLD).

This bill is a response to the well documented abuse of open carriers by the Las Vegas Clark-County School District. They have constantly and repeatedly infringed upon the well-recognized right to openly carry a firearm. Openly carried firearms are legal in virtually all non-school public buildings. LVCCLD has ignored state preemption laws by enforcing a policy made totally without any legal authority whatsoever. 

Bilbray-Axelrod and the anti-gun LVCCLD board of trustees were likely humiliated that they were challenged and publically called out for breaking state law. ​

x Oppose
There have been no issues with open carriers or anyone legally carrying a firearm in libraries. No accidental discharges, no shootings, no fights, no brandishings, no public complaints. This has only been an issue in Nevada with the LVCCLD. In fact, countrywide, there have been no known issues, except those which anti-gun library officials have caused. In many states, open carry (and concealed carry) in libraries is a well-protected right. Under Nevada's preemption laws, this should also be the case. Sponsors also are ignoring many long-held state court decisions that open carry is protected virtually everywhere. 

Just like with schools, firearms would even be prohibited in parking lots, making it impractical or impossible for an armed citizen to visit some libraries. 

Sponsors will probably attempt to claim that open carriers were scaring people and causing disturbances, which is not true. They will also likely try and lump libraries in as education institutions when in reality, libraries function as unpaid, poorly supervised daycare for children, air conditioned facilities for the homeless, and free video rental services. There is no threat to public safety, only the egos and opinions of anti-gun politicians who care not a whit for the law or rights.

A PDF of the full open letter submitted to the Senate Judiciary Committee is available here

Lawsuit and Library Shenanigans Background

To save you some time from searching, here is a quick and dirty guide to relevant articles that detail the full story of the Las Vegas-Clark County Library District open carry scandal. (backdated)

The story that broke it all: Library Has Mom Illegally Arrested for Legal Openly Carried Gun; Suit Filed

An earlier incident: Las Vegas Library Violates Preemption Over Open Carry

The Editor and Henderson Libraries (they get it)

LVCCLD 'Official' Unofficial Open Carry Ban Policy

Libraries and the Law

A Brief History of the Library District's Open Carry Antics

Library Open Carry Ban: Other Examples Show District Wrong

The History of NRS 202.3673 and Open Carry in Public Buildings

Open Carry is Constitutionally Protected

A Guide to State Preemption Laws

Carrying in Public Buildings

Statement from someone who spoke with library counsel Gerald Welt

Actual Library Policy

Quick short link:

1 comment:

  1. I Tried to post this earlier but I don't think it went thru so I will try again.
    ~3 weeks ago My wife and I went to the henderson library, Gibson branch, after being their as an open carry couple for about 4 hours an older lady, I presume to be the branch manager approached us with security demanding to know if we had permits to carry the weapons. Confused as why I would need a permit in an open carry state, I showed security my Arizona permit, as did my wife,and she huffed and went and went away, nothing further happened.We remained in the library about 2 hours more before leaving. I returned to the Gibson library 3 more times during the following weeks, still open carrying without incident, save the feeling of being " persona non grata" Now today as we entered with my wife, off to the side about 10 feet off the ground was a brand new shiney "No Weapons" sign. Not on the entrance door or at eye level, but off to the side and mounted near the ceiling. I assume that during their monthly meeting a discussion ensued and they decided to continue to violate Nevada law.
    I hope the case makes it was through the court system expeditiously, and the personal in charge are held accountable for their actions, with a minimum of loss of position.