Guns Hot Topic at Fernley City Council Meeting

At a standing-room only meeting, the Nov. 18th Fernley City Council tackled both gun-free zones and proposed changes to the unsafe discharge of firearms ordinance. Proposals ranged to a public shooting range to help recreation shooters to a council recommendation to prohibit any emergency measures to confiscate firearms. Sheriff’s Commander Rob Hall spoke explaining the proposed changes to the unsafe discharge ordinances. The issues with the ordinance are best discussed in this Reno Gazette-Journal article.

A furor erupted online, fueled by rumors, that Nevada Carry helped quash by reaching out to Councilman Cal Eilrich. Citizens were concerned with the brief description of the Councilman’s agenda item, wishing that more information was included, apparently afraid of the city moving to ban guns. “The very first thing that agitated people was ‘gun-free’,” one speaker said. Eilrich brought up the item in light of the Islamic terror attacks in Paris. 

It is important to note that citizens can legally open carry in posted 'no guns' public buildings.

Eilrich’s Proposal 

I believe that any entity that is going to declare a Gun-Free Zone, should also take the responsibility of providing adequate security for those who they are forcing to disarm, which in affect [sic] causes them to surrender their own personal means of self-defense.
 Type One Facility: A governmental or private publicly accessible facility where members of the public have no alternative but to enter for critical services, such as but not limited to governmental services, health and welfare services, emergency medical, or participation in governmental meetings, like this meeting, of which all citizens are entitled to attend.
 Type Two Facility: A private facility wherein, customers do have a viable alternative to receive similar services.
 There are two types of public facilities:Proposal: A city of Fernley Ordinance that would require the following:
Type One Facility: For a Type One Facility to post “Gun Free Zone” or “Weapons Prohibited” signs, the management of that facility must have in place, a written and implemented security plan complete with trained-armed security officers, either uniformed or preferably undercover. There shall be a minimum of one such security officer for the first 1 to 100 occupants of the facility, plus a minimum of one such security officer for each 100 occupants after the first 100. Special events or meetings are not required to provide additional temporary security officers, if Occupant numbers exceed normal operations.
 Type Two Facilities: For a Type Two Facility to post “Gun Free Zones” or “Weapons Prohibited” signs, the management of that facility must have in place, a written and implemented security plan complete with trained-armed security officers, either uniformed or preferably under cover. There shall be a minimum of one such security officer for the first 1 to 100 occupants of the facility, plus a minimum of one such security officer for each 100 occupants after the first 100. Special events or meetings are not required to provide additional temporary security officers, if Occupant numbers exceed normal operations.
 If such security measures are not planned and provided for, then the private facility must also post a notice directly beneath, and the same size, a sign that states “No Armed Security On-Site. 

Such a proposal regarding private businesses would likely be technically afoul of NRS 268.418, which prohibits any local regulations except for unsafe discharge ordinances. Eilrich’s ideas may set the stage for internal city policy. It is interesting to note that no state statute authorizes local authorities to post ‘no guns’ signs, however, they can authorize internal policies. Section 8(c) states: 

“This section must not be construed to prevent: A public employer from regulating or prohibiting the carrying or possession of firearms, firearm accessories or ammunition during or in the course of an employee’s official duties.” 

The city could hire armed security guards or authorize staff members to act in that capacity. Even so, citizens should be permitted to protect themselves, with firearms, virtually everywhere, security guards present or not. State law should be amended to allow for concealed carry and open carry in public buildings. No place is inherently safe from violence.

The only public buildings with levels of security high enough to appropriately counter violence and special security considerations regarding firearms are courthouses, mental institutions, and jails/prisons. Of course, citizens have every right to openly carry a firearm in a courthouse, but security there would likely have a conniption fit if someone tried (and they have). The solution is to lock it in the car.

Even then, the concern still exists about safety getting to and from the facility. Take the Regional Justice Center. Prospective jurors are instructed to park several blocks away at the Fremont Street public garage. Should citizens be forced to walk disarmed in downtown Las Vegas simply because they are performing a public duty like jury duty or attending other judicial matters? Of course not. In Utah, secure storage at courthouses for the use of armed citizens is mandatory.

Councilman Eilrich should be commended for his commitment to steps that would actually keep people safe instead of security theatrics that only creates unarmed victims. Other Nevada public entities should be so responsive. Ideally, the city of Fernley should simply remove its 'no guns' signs and allow open or concealed carry in public buildings, like the rest of the state. 

Fernley City Council To Take Up Gun-Free Zones

Many Fernley residents and Nevadan’s were concerned by the appearance of an item on the Fernley City Council agenda containing mention of ‘gun free zones.’ I contacted the sponsor, Councilman Cal Eilrich, for details. Below is his response (emphasis added): 

"I have been gravely concerned for years regarding declared Gun Free Zones.  They amount to an invitation for a "Killing Field" to either a nut-case or more recently for an Islamic Terrorist.  I believe that if any entity is going to declare a Gun-Free Zone, then they should either also declare, and have in place, a written security plan complete with trained and armed security, either uniformed or perhaps more efficient undercover security. Otherwise, they should be prevented by law to declare a Gun-Free Zone, therefore allowing the public to provide their own personal defense, by carrying concealed.

"The agenda item that I requested is an initial procedure so that the council can here my reasoning for having an actual agenda item, where the discussion and actual voting may take place.  All that we will be voting upon this time is whether the majority of the council wants to officially hear the agenda item and expend staff time to prepare for the actual agenda. 

"I was just made aware this morning that some Fernley Facebook Page patrons are jumping to wrong conclusions and are all up in arms.  I say fine, I hope they show up at the meeting so that they can actually hear my reasoning.  At this time, City Hall is a declared Gun Free Zone, according to the signage on the doors, even though I have complained about this, I have received no briefing, certainly not written, that we actually have a security plan in place. 

"By the way, I have also introduced a Reckless Discharge of Firearms Ordinance in Fernley, to replace one that actually make ALL Discharge of Firearms illegal in Fernley.  The goal is to allow sensible and safe shooting and is an attempt to make the public more educated on providing for a safe backstop. 

"I am a long time firearm instructor for competitive shooting sports, private security and law enforcement.  I am committed to the education of as many people as possible in the safe and proper use of firearms.  I also believe that an armed society is a polite society, as long as laws and common courtesy are promoted and followed.

 "[…] My family and I own and operate the Cowboy Fast Draw Association, based in Fernley, which is the administration and sanctioning body for the national sport of Cowboy Fast Draw.  CFDA has over 4,000 members and 80 CFDA Affiliated Clubs coast to coast.  It's a highly competitive shooting sport that promotes and honors the romance and legend of the American Old West.  We shoot wax bullets with a small powder charge, which makes our competitions possible just about any place.  Shooting USA from Outdoor Channel was just in Fallon, NV covering our World Championship last month.  Through our organization and our system of affiliated clubs we have introduced over 100,000 people to shooting sports at public venues like county fairs, rodeos, and other public events. Many that have had a positive first time experience shooting a firearm, plus many that are children."

As you can see, Councilman Eilrich understands the danger that gun free zones present. Many of our readers in Las Vegas are aware of the battle over open carry in public libraries. The editor cannot comment on the unsafe discharge ordinance as it is a strictly local issue. Regarding the ordinance and the particular nuances to the issue, please see this Reno Gazette-Journal article.

Nevada law (NRS 202.3673)  originally prohibited firearms in virtually all public buildings (1995), then was amended in 1997 to allow concealed firearm permittees to carry concealed in most public buildings (a very sensible provision). In 1999, a few exceptions were added, and in 2007, the current version was passed, prohibiting concealed carry in buildings with ‘no guns’ signs or metal detectors at each entrance.

Currently, open carry is permitted in most public buildings (even signed ones), while concealed carry is prohibited elsewhere. The city of Henderson is a good example of proper signage. Open carry in public buildings can be a thorny issue, as the on-going issues with the Las Vegas-Clark County Library District show.

The city council meeting will be held at city hall at 5PM Wednesday, November 18.

Follow-up article here.