Reno Ordinance Banning Gun Sales During Emergency Still on the Books

No one is saying they are closing gun stores right now

Disclaimer: In this new and fast moving situation, the rhetoric and statements may not accurately reflect what an actual order would entail, nor what the city attorney may approve. Please note, the emergency order ordinance for Reno predates enhanced preemption and the passage of of the Limitations on emergency powers relating to firearms state statute.

Currently, the city states it's emergency closure order applies to bars, nightclubs, gyms, and restaurants 3/20-4/05/2020. No mention of gun stores was made. Essential businesses are being kept open, but some may deem gun stores to be non-essential. See their COVID-19 website.

This is more of warning than a call to figurative arms. Heck, most gun stores are empty anyway. Even so, the law is still on the books and we should not let anyone think it's okay to close gun stores in violation of state law. If you want to send a polite reminder, please do.

Sparks is not asking any businesses to close as of this writing.

8.31.060 Emergency regulation and control

(a) If a declared state of emergency exists within the city, the council may, if it deems it necessary to maintain peace and protect the public, order and enforce the measures listed in subsection (b). If circumstances prohibit the timely action of the council, the mayor, the assistant mayor, or the city manager may, under the same circumstances, order the emergency measures listed in subsection (b) and shall report his actions to the council at its next regularly scheduled meeting.
(b) Subject to the limitations imposed by subsection (a), the mayor, the assistant mayor, the city council, or city manager may:
(1) Establish a curfew for the area designated as an emergency area which fixes the hours during which persons other than officially authorized personnel may be upon the public streets or other public places.
(2) Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area.
(3) Barricade streets and roads, as well as access points onto streets and roads, and prohibit or restrict vehicular or pedestrian traffic in the area.
(4) Prohibit the sale, distribution or giving away of gasoline or any other flammable or combustible product in any container except a gasoline tank properly affixed to a motor vehicle, or a type of container generally used in connection with normal use or legitimate commercial use.
(5) Order the closing of all or portions of gasoline stations and other establishments which sell, distribute or dispose of flammable liquids or combustible products.
(6) Order the closing of retail intoxicating liquor stores.
(7) Prohibit the sale of intoxicating liquor.
(8) Prohibit the sale, distribution or giving away of firearms or ammunition.
(9) Order the closing of any or all establishments or portions thereof which sell, distribute, dispense or give away firearms, ammunition or explosives.
(10) Enter into contracts and incur obligations necessary to mitigate, prepare for, respond to or recover from emergencies or disasters.
(11) Redirect funds for emergency use.
(12) Suspend standard procurement procedures to obtain necessary services or equipment.
(13) Commit to mutual aid agreements.
(14) Perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

The city ordinance dates from 1991. It has not been updated to reflect current state law, which both firearm regulation preemption and emergency power regulation relate to.

NRS 414.155 Limitations on emergency powers relating to firearms.

Pursuant to Amendment II of the Constitution of the United States and Section 11 of Article 1 of the Constitution of the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow:
      1.  The confiscation of a firearm from a person unless the person is:
      (a) In unlawful possession of the firearm; or
      (b) Unlawfully carrying the firearm; or
      2.  The imposition of additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of:
      (a) Firearms;
      (b) Ammunition; or
      (c) Components of firearms or ammunition.

You may want to contact the city council and mayor to remind them closing gun stores and prohibiting gun sales is illegal.

Contact the reno city council