The Fight for Gun Rights in Washoe County

On August 20, 2010 I sent this email to the Sparks city Attorney.

City Attorney

Chet Adams

431 Prater Way

Sparks, NV 89431

Phone: (775) 353-2324

Fax: (775) 353-1688

E-mail: cadams@cityofsparks.us

Mr Adams

Nevada originally passed a preemption law in 1989, meaning that counties

and municipalities such as sparks cannot pass gun laws that are more

restrictive than the state law. Some gun ordinances in some parts of the

state were “grandfathered” in at that time, I don't know if that was

true here in sparks. However, in 2007, Senate Bill 92 amended the

preemption law, removing all grandfathered ordinances with the exception

of a handgun registration ordinance. Which only applies to Clark County

This is now known as NRS 268.418 Limited authority to regulate firearms;

restrictions concerning registration of firearms in city in county whose

population is 400,000 or more.

1. 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

city may infringe upon those rights and powers. As used in this

subsection, “firearm” means any weapon from which a projectile is

discharged by means of an explosive, spring, gas, air or other force.

There is also sections NRS 244.364 and NRS 269.222 that deal with county

and unincorporated areas and are worded similar.

Section 12.24.070 of the Sparks Municipal code states that

A. Except as provided in subsection C, it is unlawful for any person to

carry or wear a firearm in a city park.

B. A "firearm" means any weapon with a caliber of .177 inches or greater

from which a projectile may be propelled by means of explosive, spring,

gas, air or other force.

C. Nothing in this section prohibits the carrying or wearing of a

firearm by a peace officer or the carrying of a firearm pursuant to the

terms of a valid concealed weapons permit.

(Ord. 1383 § 1 (part), 1983.)(Ord. 2339, Amended, 09/11/2006)

This is directly in violation of State preemption laws passed in 1989

and 2007, and Section 12.24.070 of the Sparks Municipal code should be

repealed in its entirety to bring it back in line with State Law.

I respectfully request that you advise all such departments that they

remove this signage and instruct law enforcement that there is no law

against such exercise of rights.

As a law abiding citizen I wish to go about my business without

interference with the comfort of knowing I am able to defend myself and

my family.

I look forward to your cooperation in this matter.

Here is the Reply I received from him

Mr. John-in-Reno,
 Thank you very much for your input. I am away from my office today and have a full city council meeting on Monday.
 I agree with you that this is a matter of great importance and one that deserves immediate attention. I was not aware of this potential conflict in the law and I appreciate you briniging it to my attention.
 I have asked one of our attorneys to look into your concerns and report back to me with their research results. Please rest assured that I will independtly look into this as well and I will get back to you within a week with a response.
 As a gun owner and a CCW permittee myself , I beleive that all of our citizens enjoy the right to self defense and protection. I can garantee you that if I believe the City's ordinances conflict with Nevada law, I will ask that the ordinances be repealed.
 Thank you,
 Chet Adams
 Sparks City Attorney

On November 8, 2010  bill #2625 was introduced and had a first reading, to the Sparks City Council to repeal the section of the sparks ordnance dealing with firearms in the park.

On November 22, 2010 was the second reading of the bill and they voted to pass the bill

Here is the Dropbox link to the final bill signed and passed Ord2526.pdf