Tuesday, June 2, 2015

Preemption: Henderson Has Immediate Plans to Comply

Your editor of NevadaCarry.org emailed the Henderson City Council and police department regarding the implementation of the changes SB 175 to city ordinances and police training. 

Excerpt from my letter:
Gov. Brian Sandoval, on 6/2/2015, signed into law new provisions regarding firearms regulations. Senate Bills SB 175 (attached) contains language altering existing statutes (NRS 268.418) that govern the ability of local governments to make or enforce local regulations regarding firearms. These new laws, effective immediately, removed the ability of any local entity to make or enforce existing local firearm regulations (excluding unsafe discharge). Local firearm regulations, including those of the city of Henderson, have been declared null and void. All existing laws, regulations, rules, and ordinances are required to be immediately repealed. Firearm registration (in Henderson’s case, handgun registration as administered by the Las Vegas Metropolitan Police Department) has also been abrogated by NRS 268.418. The legislature has required that all firearm registration records be destroyed within one year. I respectfully demand that ordinances 8.98.010, 8.98.020, 8.98.030, 8.98.040 be repealed (though I’m aware they have been superseded by state law), the police department to cease registration of handguns and destroy any Henderson maintained records thereof, and all city law enforcement personnel and volunteers be informed that these ordinances are null and void; therefore being unenforceable.
Rather immediate replies were received from several city officials.

Chief Moers replied: "I appreciate the email. The City of Henderson Police Department will make changes to procedures on all laws that require us to conform with any new law."

Councilwoman Gerri Schroder replied:
"The City Attorney will make changes to city ordinances to comply with all new laws.  I'm cc'ing City Attorney Josh Reid to assist with a response on the procedure to change the ordinances to comply with the new laws.  Mr. Reid is aware of the change in the law and briefed me on this earlier today.
I appreciate you making sure the City of Henderson complies with all new laws.  Please let us know if you have questions."
I was also CC'd by Councilwoman March on her conversation with City Attorney Josh Reid.
Will you ensure that our ordinances conform with state law with regards to the recent legislative changes related to firearms? Thank you" 
Mr. Reid's reply:
"Yes. We discussed this in our staff meeting last week and have the ordinance to remove the firearm registry in the queue.  It takes two Council meetings to pass an ordinance per our Charter.  This will most likely be read into title either the first or second Council meeting in July.  The registration records are held by the County, and I understand that they are aware of the new law and will comply.
Please let me know if you have any additional questions.  Regards, Josh"
"Yes Councilwoman Schroeder, this will be on the Council agenda in July.  Regards, Josh"
So the city of Henderson intends to comply immediately (well, at the speed of government) anyway. It's also very pleasing to see such a quick reply to a citizen late in the evening. Henderson is a great example of how cities should address these kinds of matters and police their community. How quickly will the county and other municipalities comply?

Editor's Note: Lots of breaking news on the blog today. I have to point out that the news about the bill being signed was first broken by Don Turner of the Nevada Firearms Coalition, an important part of maintaining the excellent Second Amendment freedoms we have in Nevada.

-G. C.

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