Only the state can make gun laws. Counties, cities, towns, or local government agencies are prohibited from making their own laws/rules, except for regulating shooting (when/where).
Effective 6/2/2015, all local firearm regulation ordinances in Clark County, including the ‘blue card’ handgun registration scheme are null and void. They are now legally unenforceable as state law trumps local laws. All other counties complied long ago. While the conflicting laws are still on the books, the changes to the state law authorizing such ordinances have changed, effective immediately upon passage of the bills. The 'blue card' system is defunct and county/city/town laws and local regulations can't be enforced. These changes apply to Clark County itself, all cities, and all towns in Nevada, including the cities of Las Vegas, North Las Vegas, and Henderson, Mesquite, and Boulder City, which all made their own local firearm regulations. Click here to read about the history of local ordinances and the 'blue card' program. Outside of Clark County, this has not been an issue since 1989.
What is the purpose of preemption?
The purpose of these laws are to "[…] establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms […].” They have existed in one form or another since 1989.
I don't live in Clark County. What does this mean for me?
Nothing immediate changes from you, except added protections. Everywhere else in the state complied many years ago and there has been very few cases of conflicts elsewhere. These changes do put teeth into preemption laws, so that if a local government entity tries to enforce a local law, they are subject to civil penalties directly under this section. Municipalities are also forbidden from making or enforcing any sort of local regulation, aside from relating to discharge of firearms. Basically, local governments, libraries, parks, and government buildings are put on notice that they have to obey the NRS now, under penalty of hefty civil penalties.
What is the purpose of preemption?
The purpose of these laws are to "[…] establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms […].” They have existed in one form or another since 1989.
I don't live in Clark County. What does this mean for me?
Nothing immediate changes from you, except added protections. Everywhere else in the state complied many years ago and there has been very few cases of conflicts elsewhere. These changes do put teeth into preemption laws, so that if a local government entity tries to enforce a local law, they are subject to civil penalties directly under this section. Municipalities are also forbidden from making or enforcing any sort of local regulation, aside from relating to discharge of firearms. Basically, local governments, libraries, parks, and government buildings are put on notice that they have to obey the NRS now, under penalty of hefty civil penalties.
Effectiveness of Enhanced Preemption
On 6/2/2015 Gov. Brian Sandoval signed Senate Bills 175 and 240 into law. Each bill contained identical provisions regarding state preemption of local firearm laws. These bills went into effect immediately upon the governor’s signature. The changes to state law affect NRS 244.364 (counties), NRS 268.418 (cities), and NRS 269.222 (towns), which already existed, but enhanced the language contained therein.
Formerly, state law prohibited local municipalities from making their own firearm regulations (except regarding discharge of firearms) and handgun registration in Clark County was also exempted. Now this has been enhanced to eliminate handgun registration (‘blue cards’), force local governments to take obsolete firearm laws off the books, and clarified language that specifies no existing local laws or regulations regarding firearms are permissible whatsoever. In October 2015, stiff civil penalties took effect be added for anyone who is adversely affected by illegal enforcement of invalidated law (see below).
Effective immediately, all local laws, regulations, rules, and ordinances are null and void. These laws are unenforceable. The law must also be interpreted liberally; in other words, if there is a doubt whether the new law applies, then it must be assumed to apply.
Where does it say that?
Formerly, state law prohibited local municipalities from making their own firearm regulations (except regarding discharge of firearms) and handgun registration in Clark County was also exempted. Now this has been enhanced to eliminate handgun registration (‘blue cards’), force local governments to take obsolete firearm laws off the books, and clarified language that specifies no existing local laws or regulations regarding firearms are permissible whatsoever. In October 2015, stiff civil penalties took effect be added for anyone who is adversely affected by illegal enforcement of invalidated law (see below).
Effective immediately, all local laws, regulations, rules, and ordinances are null and void. These laws are unenforceable. The law must also be interpreted liberally; in other words, if there is a doubt whether the new law applies, then it must be assumed to apply.
- Handguns do not have to be registered anymore (no ‘blue cards’) in Clark County.
- No three-day waiting period for first-time handgun buyers in some parts of Clark County.
- Any local firearm law cannot be enforced, except where/when shooting is allowed.
Where does it say that?
“The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.” (Taken from SB 175, subsection (b) of each of the preemption laws.)
Why is this important?
Preemption takes away the authority of counties, cities, and towns to make their own gun laws, creating a confusing and hazardous—both legally and for your safety—patchwork of laws. For instance, someone moving from Pahrump to Las Vegas might unknowingly break Clark County’s ordinance to register a handgun within 60 days of residency or within 72 hours of acquiring a handgun. Along with various other laws or regulations, like Clark County's prohibition of guns in county parks and North Las Vegas’ law on the books that prohibited guns in cars, a law-abiding Nevadan might have gotten caught up in this confusing web.
Without the explicit direction from the state, local governments just didn’t want to comply, even though the rest of Nevada did. Literally only in Clark County were there widespread problems after 1989.
Rumors were the worst effect of Clark County’s laws. People repeated laws that weren’t enforced for years, yet things were so confusing, someone who didn’t take the time to understand the subject didn’t know what to think. To make it worse, police enforced some obsolete laws anyway. Now everything is the same in Nevada, except when/where you can shoot (local authorities can still regulate discharge of firearms).
These laws gave huge latitude to unscrupulous officers over the years to harass citizens, justify profiling minorities, and confiscate legally owned guns under the pretense they were not registered. The presence of these obsolete laws on the books caused rumors that dissuaded many from protecting themselves.
Without the explicit direction from the state, local governments just didn’t want to comply, even though the rest of Nevada did. Literally only in Clark County were there widespread problems after 1989.
Rumors were the worst effect of Clark County’s laws. People repeated laws that weren’t enforced for years, yet things were so confusing, someone who didn’t take the time to understand the subject didn’t know what to think. To make it worse, police enforced some obsolete laws anyway. Now everything is the same in Nevada, except when/where you can shoot (local authorities can still regulate discharge of firearms).
These laws gave huge latitude to unscrupulous officers over the years to harass citizens, justify profiling minorities, and confiscate legally owned guns under the pretense they were not registered. The presence of these obsolete laws on the books caused rumors that dissuaded many from protecting themselves.
Does this affect local parks?
Yes. The Clark County parks had the only legally defensible total gun ban pre-June 2015, even going so far as getting the Attorney General to justify their restrictions in this opinion. However, specific language in the revised statutes was included to remove any such interpretation. The attorney general said, that based on the (now) deleted language, that the guns-in-parks ban was intended to be exempted from preemption. That's what those red lines with strikethrough mean. Of course, any ambiguity has been removed and the legislature specified that in case of doubts: “This section must be liberally construed to effectuate its purpose.”
Yes. The Clark County parks had the only legally defensible total gun ban pre-June 2015, even going so far as getting the Attorney General to justify their restrictions in this opinion. However, specific language in the revised statutes was included to remove any such interpretation. The attorney general said, that based on the (now) deleted language, that the guns-in-parks ban was intended to be exempted from preemption. That's what those red lines with strikethrough mean. Of course, any ambiguity has been removed and the legislature specified that in case of doubts: “This section must be liberally construed to effectuate its purpose.”
See this letter from the Clark County Park Police commander acknowledging preemption.
Does this affect public libraries?
Yes, however in Flores v. LVCCLD, the Nevada Supreme Court erroneously found that preemption does not apply to library districts. The Las-Vegas Clark County Library District is currently enforcing an open carry ban and will prosecute. Please read the blog and check your local library rules for more details.
Is open carry still legal in a public building?
Yes. Open carry was found by the Legislative Counsel Bureau to be permitted in public buildings. The often misquoted NRS 202.3673 (on signs) applies only to concealed firearms in public buildings where a ‘no guns’ sign or metal detector is present at each public entrance. Nothing has been changed regarding firearms at schools, colleges, or universities.
Can I carry a concealed firearm or at a school/college without a permit now?
No. So-called constitutional carry and campus carry did not pass. Sen. Brower refused to let the bills out of the Senate Judiciary Committee and the bills died. Firearms on school, college, or university grounds are still prohibited without prior permission, which is virtually never granted. Constitutional carry--concealed carry without a permit--was defeated in the Senate Judiciary Committee in the 2015 legislative session.
Any doubts that preemption applies?
Each of the preemption laws state that: “This section must be liberally construed to effectuate its purpose.” So if in doubt, preemption applies to the given situation.
Yes, however in Flores v. LVCCLD, the Nevada Supreme Court erroneously found that preemption does not apply to library districts. The Las-Vegas Clark County Library District is currently enforcing an open carry ban and will prosecute. Please read the blog and check your local library rules for more details.
Is open carry still legal in a public building?
Yes. Open carry was found by the Legislative Counsel Bureau to be permitted in public buildings. The often misquoted NRS 202.3673 (on signs) applies only to concealed firearms in public buildings where a ‘no guns’ sign or metal detector is present at each public entrance. Nothing has been changed regarding firearms at schools, colleges, or universities.
Can I carry a concealed firearm or at a school/college without a permit now?
No. So-called constitutional carry and campus carry did not pass. Sen. Brower refused to let the bills out of the Senate Judiciary Committee and the bills died. Firearms on school, college, or university grounds are still prohibited without prior permission, which is virtually never granted. Constitutional carry--concealed carry without a permit--was defeated in the Senate Judiciary Committee in the 2015 legislative session.
Any doubts that preemption applies?
Each of the preemption laws state that: “This section must be liberally construed to effectuate its purpose.” So if in doubt, preemption applies to the given situation.
The Details
Here is a summary of what the new language of the state preemption statutes say in detail:
Civil Penalties for Failure to Comply
Anyone who is adversely affected (i.e. arrested) by the enforcement of an ordinance or regulation that violates this section may file suit for relief and damages attributable to the violation.
Now the only gun laws in Nevada are state and Federal laws. Any police officer attempting to enforce handgun registration laws or any preempted local gun law is attempting to enforce law that is null and void. In other words, police cannot legally arrest or cite you for not having a blue card for a gun or carrying a gun (unless you are a prohibited person) in violation of local law.
Disclaimer: The changes are so new, some officers may be unaware of such changes. Keep updated at the blog.
Always be sure to read and understand the statues yourself.
- Only the legislature can make laws regarding transfers, sales, purchases, possession, carrying, owning, transporting, selling, registering and licensing, firearm accessories and ammunition.
- All local laws, regulations, rules or ordinances on guns, except for unsafe discharge of firearms, are null and void. This means they are unenforceable as if they didn’t exist.
- Any actions taken to enforce the preempted local laws (arrest, detention, citation) are null and void.
- Clark County’s previous exemption for handgun registration is eliminated.
- All local ordinances or regulations must be repealed and signs contrary to state law taken down.
- Las Vegas Metro PD has destroyed all handgun registration records by the required deadline of June 2, 2016.
Civil Penalties for Failure to Comply
Anyone who is adversely affected (i.e. arrested) by the enforcement of an ordinance or regulation that violates this section may file suit for relief and damages attributable to the violation.
- If the ordinance or regulation is repealed within 30 days of the person filing suit, the plaintiff may recover actual damages and attorney's fees.
- If the ordinance or regulation is repealed after 30 days of the person filing suit, the plaintiff may recover double actual damages and attorney's fees.
- If the court finds in favor of the plaintiff, they are entitled to treble actual damages and attorney's fees.
Now the only gun laws in Nevada are state and Federal laws. Any police officer attempting to enforce handgun registration laws or any preempted local gun law is attempting to enforce law that is null and void. In other words, police cannot legally arrest or cite you for not having a blue card for a gun or carrying a gun (unless you are a prohibited person) in violation of local law.
Disclaimer: The changes are so new, some officers may be unaware of such changes. Keep updated at the blog.
Always be sure to read and understand the statues yourself.
Disasters/state of emergency
Per NRS 414.155, during a state of emergency, firearms cannot be confiscated unless one is unlawfully in possession of the firearm or unlawfully carrying the firearm (in violation of existing laws). No executive or local authority including the governor can make additional restrictions or ordinances pertaining to firearm restrictions. This law was in response to the post-Hurricane Katrina confiscations in New Orleans.
Per NRS 414.155, during a state of emergency, firearms cannot be confiscated unless one is unlawfully in possession of the firearm or unlawfully carrying the firearm (in violation of existing laws). No executive or local authority including the governor can make additional restrictions or ordinances pertaining to firearm restrictions. This law was in response to the post-Hurricane Katrina confiscations in New Orleans.