I'm running for office in Nevada's 13th Assembly District

[Elizabeth]

Hello Everyone,

My name is Elizabeth Halseth and I'm running for Assembly District 13 in the state of Nevada. A lot of voters in my district have contacted me about the importance of the Second Amendment so I have been working on setting up a gun/shooting event.

Its important to me to hear your views! What issues do you see regarding gun laws in Clark County and even throughout the state are important to you? What other issues are important to you?

Would you be interested in attending a gun event in Clark County if I hosted one?

You can also visit my website at www.ElizabethHalseth.com; I look forward to hearing from you!

Warmest Regards,

Elizabeth

[lukem]

Hey everyone, I used to work with Elizabeth when I lived in Vegas. She asked me about a few gun related questions and told her to come post over here to get feedback from those of you who live in the area. Let's help her try and help us!

[Boomboy007]

While not in your district, or even your state, I can tell you that the pendulum of the people is is about to take a swift turn toward liberty. Keep working for smaller, less intrusive government and you can't go wrong.

[Bohemian]

Hello Everyone,

My name is Elizabeth Halseth and I'm running for Assembly District 13 in the state of Nevada. A lot of voters in my district have contacted me about the importance of the Second Amendment so I have been working on setting up a gun/shooting event.

Its important to me to hear your views! What issues do you see regarding gun laws in Clark County and even throughout the state are important to you? What other issues are important to you?

Would you be interested in attending a gun event in Clark County if I hosted one?

You can also visit my website at www.ElizabethHalseth.com; I look forward to hearing from you!

Warmest Regards,

Elizabeth

I am in your district and you have my vote...

[varminter22]

Thanks, Elizabeth. And I wish you the best of luck in your election endeavors.

Do you have a website?

A good issue to start with? How about Clark County firearms related ordinances? Almost all are unlawful and/or unnecessary.

Although SB-92 (enacted into law in 2007) states

except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county, city nor town may infringe upon those rights and powers, and the provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.

Most Clark County/City officials insist the law does not say exactly what it says.

Codes:

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Older correspondence on the issue:

December 12, 2007

District Attorney David Roger
200 S 3rd
Las Vegas NV 89155-9900

City Attorney Bradford Jerbic
400 Stewart Ave
Las Vegas NV 89101

City Attorney Carrie Torrence
2200 Civic Center Dr
North Las Vegas NV 89030

Sheriff Douglas Gillespie
3141 E Sunrise Ave
Las Vegas NV 89101

Chief Mark Paresi
1301 E Lake Mead Blvd
North Las Vegas NV 89030

Lady and Gentlemen,

As you know, the Nevada Revised Statutes concerning firearms law were recently amended in the 74th Legislative Session, effective October 1, 2007.

Among the changes were NRS 244.364, 268.418, and 269.222, which were amended to state:

Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county, city nor town may infringe upon those rights and powers.

Further, NRS 244.364, 268.418, and 269.222 state:

The governing body of a county/city/town may proscribe by ordinance or regulation the unsafe discharge of firearms. If the governing body of a city in a county whose population is 400,000 or more has required by ordinance or regulation adopted before June 13, 1989, the registration of a firearm capable of being concealed, the governing body shall amend such an ordinance or regulation to require: (a) A period of at least 60 days of residency in the city before registration of such a firearm is required. (b) A period of at least 72 hours for the registration of a pistol by a resident of the city upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.


Lastly, Section 5 of Chapter 308, Statutes of Nevada 1989, at page 653, was amended to read as follows:

The provisions of this act, as amended on October 1, 2007, apply to ordinances or regulations adopted before, on or after June 13, 1989.

A board of county commissioners, governing body of a city and town board in a county whose population is 400,000 or more shall amend any ordinance or regulation adopted by that body before June 13, 1989, that does not conform with the provisions of NRS 244.364, as amended by section 1 of this act, NRS 268.418, as amended by section 2 of this act or NRS 269.222, as amended by section 3 of this act, as applicable, by January 1, 2008. Any ordinance or regulation that does not comply with the applicable provision by January 1, 2008, shall be deemed to conform with that provision by operation of law.

Clearly, handgun registration in Clark County was grandfathered, if amended to allow residents 72 hours and non residents 60 days in which to register.

In view of the phrase “… apply to ordinances or regulations adopted before, on or after June 13, 1989,” it is equally clear the law does not grandfather any other county/city ordinances; indeed, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada.

We have completed a review of Las Vegas and North Las Vegas municipal codes and Clark County code (at www.ordlink.com/codes/lasvegas/index.htm, http://municipalcodes.lexisnexis.com...egas/index.htm and www.ordlink.com/codes/clarknv/index.htm) and note the required changes are not reflected therein. Clearly, virtually all of the city/county firearms related ordinances (as posted at the above noted links) are now null, void and unenforceable.

Have the city/county ordinances been repealed/amended? Or is there a move afoot to do so as required by Nevada law? Have the sheriff and city police departments been informed that most of the ordinances are now, or on January 1, 2008 will be, null, void and unenforceable?

As we enjoy visiting your fine cities, the 424-member Stillwater Firearms Association and untold numbers of Clark County and Nevada law abiding citizens anxiously await your response.

I can be reached via email at varminter22@charter.net

Sincerely,

>>> Mary-Anne Miller 12/19/2007 4:09 PM >>>
Dear Mr. Rhodes,

We are in receipt of Stillwater Farearms Association's December 12,
2007 inquiry into whether local codes have been changed to reflect the
changes in law regarding local firearms regulations. Please be
advised
that the ordinance implementing these changes has been adopted for
Clark
County. It was finally adopted in early December, and effective
December 18, 2007. Since it is a new amendment to our code, you may
have missed it online, but it can be reviewed at:

http://www.accessclarkcounty.com/clerk/amendments.htm

I hope this addresses your concerns with respect to Clark County, but
if not, please do not hesitate to contact me.

Sincerely,

Mary-Anne Miller
County Counsel
Office of the District Attorney
Clark County, Nevada
(702) 455-4761
millerm@co.clark.nv.us

To which I replied via email:

Quote:
To: millerm@co.clark.nv.us
Sent: Saturday, January 05, 2008 9:52 AM
Subject: SFA/Clark ltr Dec12, 2007

Dear Ms Miller,

Thank you for responding to my letter of December 12, 2007.

My original questions contained in said letter were:
1) Have the city/county ordinances been repealed/amended?
2) Or is there a move afoot to do so as required by Nevada law?
3) Have the sheriff and city police departments been informed that most of the ordinances are now, or on January 1, 2008 will be, null, void and unenforceable?

After reading your email, it appears you have answered respectively:
1a) Only partially; not in full compliance with NRS.
3a) No.

While it is laudable Clark County has amended the ordinance concerning registration, it appears Clark County has no intentions of complying with Section 5 of Chapter 308, Statutes of Nevada 1989, at page 653, which states:

Quote
"... apply to ordinances or regulations adopted before, on or after June 13, 1989."
Unquote

And clearly does not grandfather any other county/city ordinances.

Nevada law says no city, county, nor town may infringe upon the Legislature's right to regulate firearms law; and the law specifically states this applies to all ordinances and regulations, even if adopted prior to June 13, 1989.

I have reviewed the recent amendment at http://www.accessclarkcounty.com/clerk/amendments.htm and compared/applied it to the Clark County code at http://www.ordlink.com/codes/clarknv/index.htm There are many instances (virtually all) of Clark County ordinances that are NOT in compliance with Nevada law.

Is my literal interpretation of the law somehow incorrect? If so, what law intercedes my interpretaton?

Has Clark County overlooked the recently amended Nevada law? Or is it true Clark County will not comply with Nevada law?

Again, untold numbers of Clark County and Nevada citizens anxiously await your response.

Sincerely

reply from the Clark County DA's office:

Quote:
Hello, I appreciate your perspective. Different provisions of the statute, when read separately, certainly can lead to different conclusions. Accordingly, I reviewed the legislative history (as is appropriate when dealing with an ambiguous statute). While the bill definitely started out as a total preemption bill, the history makes clear that the legislators added language that they intended to work a compromise with law enforcement to allow the continuation of the ordinances in Clark County, provided they were amended to address the transient possession issues. If you receive Attorney General direction to the contrary, please so advise me, and we will reconsider our ordinance. I will also bring your concerns to our legislative staff. Mary-Anne Miller County Counsel Office of the District Attorney Clark County, Nevada (702) 455-4761 millerm@co.clark.nv.us

A person in Clark County did request an AG opinon - months ago. But the AG has NOT responded.

Further, a legal (court) challenge MAY be forthcoming.

Clearly, we need further legislation ..... In addition to some new elected legislators, District Attorney, City Attorneys, etc, etc in Clark County.

[lukem]

Thanks, Elizabeth. And I wish you the best of luck in your election endeavors.

Do you have a website?

Yes, its http://www.elizabethhalseth.com.

[Ronsmag]

I'm not in your district but Good Luck

[Ektarr]

You don't happen to have any relatives running for something in New Jersey, do ya?

[HardCorps53]

Best wishes Elizabeth. I hope you win the election.

I live in your neighboring state, Utah. I used to support Nevada through casino contributions before Nevada dropped concealed carry recipricocity. I haven't crossed the border since, and there are others like me. I would love it if you took up the cause of reinstating our rights in your fair state so I could return.

[Quiet]

Perhaps post this over on Nevada Shooters