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varminter22
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| Joined: | Wed Dec 19th, 2007 |
| Location: | Fallon, Nevada USA |
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Posted: Tue Jul 8th, 2008 03:10 am |
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CCW related, but I believe relevant and appropriate here.
As you know, NV CCW permittees lost their NICS exemption on July 1, 2008.
Nye County Nevada Sheriff Tony DeMeo issued a press released entitled "To All Citizens Concerned About the CCW Exemption" - read it here:
http://www.nyecountysheriff.net/artman/publish/article_485.shtml
Sheriff DeMeo says he and the NSCA strongly supported AB-21 but the bill was "killed in the Assembly."
Well, the good Sheriff DeMeo FAILED to include some vital information. AB-21 did NOT pass out of the Assembly Judiciary Committee BECAUSE THE NSCA DEMANDED EXORBITANT FEE INCREASES in spite of Governor Gibbons' pledge to veto ANY bills with ANY fee increases.
More info here: http://www.stillwaterfirearms.org/Pages/NICS_Exemption_History.php
Sheriff DeMeo further suggested we "contact Governor Jim Gibbons, and the State Repository and thank them for accomplishing BATFE requirements as a courtesy, and all the extra work that is required without additional fees."
Well, that too is misleading. We should contact them and request they do their jobs without imposing exorbitant fees. Indeed, we must urge our legislators to pass legislation (amend NRS 202) allowing Nevada to again qualify for the NICS exemption, AND/OR we must urge our legislators to scrap the existing Nevada system in favor of Nevada FFLs utilizing the FREE 800 telephone number to the NICS.
It is painfully obvious Sheriff DeMeo has applied major "spin" in his press release!
The Nye County Sheriff's website is http://nyecountysheriff.net/
The non emergency number for the Nye County Sheriffs office in Pahrump is 775-751-7000.
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bobernet
Founder's Club Member
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Posted: Tue Jul 8th, 2008 04:30 am |
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His response is no surprise. We should all have known this was going to be the angle the NVSCA would take when their exhorbitant fee increase scheme fell through.
DeMeo is no friend to gun owners. It wasn't that long ago that he was illegally requiring the serial numbers of all guns to be listed on CCW permit applications. He also took it upon himself to assess a $15 per gun fee (beyond 2) to be listed on the permit.
He's been a jerk since he took office.Last edited on Tue Jul 8th, 2008 04:30 am by bobernet
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Vegassteve
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| Joined: | Tue Apr 15th, 2008 |
| Location: | Las Vegas NV |
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Posted: Tue Jul 8th, 2008 05:50 am |
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| Are you telling me that they can not ask for the # to be on the app? I just did mine here in Vegas last month and was made to do it. Is this something we need to have corrected?
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bobernet
Founder's Club Member
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Posted: Tue Jul 8th, 2008 06:00 am |
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NRS 202.3657 subsection 6 describes the application information to be collected.
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Loneviking
Regular Member
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Posted: Tue Jul 8th, 2008 06:02 am |
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Vegassteve wrote: Are you telling me that they can not ask for the # to be on the app? I just did mine here in Vegas last month and was made to do it. Is this something we need to have corrected?
They cannot do this. Putting the serial numbers down amounts to a 'de-facto' gun registration when the legislation has not authorized this. The Nevada legislature creates the gun laws for the state of Nevada, not a local munincipality.
In addition, the legislature has said that if you qualify to carry with an XD45, you can carry ANY XD45, not just the one with 'xyz' serial number. So, the requirement violates Nevada statutory law.
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Vegassteve
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Posted: Tue Jul 8th, 2008 08:52 am |
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bobernet wrote: NRS 202.3657 subsection 6 describes the application information to be collected.
OK I thought this was the case. I protested a little at the instructor but he said it was law. This wass at the Gunstore. So I want to wait until my permit comes in, but I think something needs to be done to correct this. So what do we do?
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varminter22
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Posted: Tue Jul 8th, 2008 01:33 pm |
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A few sheriffs were requiring handgun serial numbers on thier CCW application forms. I thought we had this issue settled.
If a sheriff is still requiring handgun serial numbers on his CCW app form, you should definitely raise a stink.
The NSCA has reportedly developed a new standardized CCW app form to be used by all sheriffs. Although I have requested, I have been unable to obtain a copy of it for review.
I would encourage everyone to attend the CCW Holders Forum on August 5, 1:30 p.m, hosted by the NV Sheriffs & Chiefs Ass'n. Primary location is Las Vegas with televideo link to a legislative room in Carson City. EVERYONE is invited to attend - a chance to make your views known and show support for positive change. More info as it becomes available.
Last edited on Tue Jul 8th, 2008 01:36 pm by varminter22
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varminter22
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Posted: Tue Jul 8th, 2008 01:45 pm |
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Some germane references:
May 9, 2007
Sheriff Anthony L. DeMeo
1520 E. Basin Road Ste. 102
Pahrump NV
89060
Dear Sheriff DeMeo,
Your CCW application information document (posted at http://nyecountysheriff.net/documents/CCW_Permit_application.pdf) indicates you charge an additional $15 per firearm if one desires more than two firearms listed on his/her permit. Question: From what source do you derive the authority to charge this additional $15 fee?
On your application form, there is a place for each firearm's "color," barrel length, and serial number. Question: From what source do you derive the authority to mandate this information?
Nevada law is very specific in outlining the requirements for CCW permits and does NOT permit the above information. Also, the Nevada legislature has reserved the right to regulate all firearms law, UNLESS a county/city has an ordinance predating June 1989. Question: Does Nye County have a valid (pre 1989) ordinance requiring the submission of the above information?
I look forward to your reply.
and:
Dear Sheriff DeMeo,
Thank you for your letter of May 17, 2007.
In your letter, I note you state, “Nowhere in the statute (NRS 202.3675) does it state that this list cannot be added to, nor does it restrict the items solely to the list.”
I respectfully refer you to NRS 244.364, which states:
QUOTE
NRS 244.364 Limited authority to regulate firearms.
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 county may infringe upon those rights and powers.
2. A board of county commissioners may proscribe by ordinance or regulation the unsafe discharge of firearms.
3. As used in this section, “firearm” means any weapon from which a projectile is discharged by means of an explosive, spring, gas, air or other force.
(Added to NRS by 1989, 652)
UNQUOTE
There is no doubt that your requirement for a CCW permit applicant to list firearm serial number(s) is de facto gun registration. I firmly believe you are in violation of NRS 244.364.
Further, I firmly believe your requirement to list “color” and barrel length also violates this statute; and serves absolutely no purpose.
I urge you to reconsider and amend your CCW application requirements to conform to the intent and letter of the law as enacted by our legislature.
Sheriff DeMeo reportedly removed the serial number requirement, BUT continues to unlawfully require handgun "color" and barrel length.
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varminter22
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Posted: Sun Aug 17th, 2008 05:57 am |
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The press release is no longer at http://www.nyecountysheriff.net/artman/publish/article_485.shtml
I can't help but wonder if this thread was found by the Nye County Sheriffs Office. Perhaps Sheriff Tony DeMeo 'reconsidered' his spin tactics??
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calmp9
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Posted: Sun Aug 17th, 2008 05:38 pm |
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varminter22 wrote:
CCW related, but I believe relevant and appropriate here.
As you know, NV CCW permittees lost their NICS exemption on July 1, 2008.
Nye County Nevada Sheriff Tony DeMeo issued a press released entitled "To All Citizens Concerned About the CCW Exemption" - read it here:
http://www.nyecountysheriff.net/artman/publish/article_485.shtml
Sheriff DeMeo says he and the NSCA strongly supported AB-21 but the bill was "killed in the Assembly."
Well, the good Sheriff DeMeo FAILED to include some vital information. AB-21 did NOT pass out of the Assembly Judiciary Committee BECAUSE THE NSCA DEMANDED EXORBITANT FEE INCREASES in spite of Governor Gibbons' pledge to veto ANY bills with ANY fee increases.
More info here: http://www.stillwaterfirearms.org/Pages/NICS_Exemption_History.php
Sheriff DeMeo further suggested we "contact Governor Jim Gibbons, and the State Repository and thank them for accomplishing BATFE requirements as a courtesy, and all the extra work that is required without additional fees."
Well, that too is misleading. We should contact them and request they do their jobs without imposing exorbitant fees. Indeed, we must urge our legislators to pass legislation (amend NRS 202) allowing Nevada to again qualify for the NICS exemption, AND/OR we must urge our legislators to scrap the existing Nevada system in favor of Nevada FFLs utilizing the FREE 800 telephone number to the NICS.
It is painfully obvious Sheriff DeMeo has applied major "spin" in his press release!
The Nye County Sheriff's website is http://nyecountysheriff.net/
The non emergency number for the Nye County Sheriffs office in Pahrump is 775-751-7000.
I am just asking, but can Catherine Cortez Masto help out with this? Being the Nevada Attorney General, I would think that she would agree with your assessment of Sheriff De Meo's CCW policies.
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varminter22
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Posted: Sun Aug 17th, 2008 06:23 pm |
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Frankly, I don't know.
You would think the AG would be interested. But on another (similar) issue, the AG responded to my letter with: "This office is the legal counsel to the State of Nevada and its agencies, and cannot provide legal advice or interpretation of Nevada law to private citizens, and pursuant to NRS 228.150, can only provide legal opinions to state agences and officers and to district and city attorneys."
Don't we elect (and pay) them to uphold the law? Seems odd, but I reckon that is the way it is.
On a brighter note, the NSCA indicated they are looking into the matter.
If the issue is not favorable resolved, I fear the only recourse might be court action. I suppose I Nye County resident would have to bring suit.
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calmp9
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Posted: Sun Aug 17th, 2008 08:51 pm |
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varminter22 wrote:
Frankly, I don't know.
You would think the AG would be interested. But on another (similar) issue, the AG responded to my letter with: "This office is the legal counsel to the State of Nevada and its agencies, and cannot provide legal advice or interpretation of Nevada law to private citizens, and pursuant to NRS 228.150, can only provide legal opinions to state agences and officers and to district and city attorneys."
Don't we elect (and pay) them to uphold the law? Seems odd, but I reckon that is the way it is.
On a brighter note, the NSCA indicated they are looking into the matter.
If the issue is not favorable resolved, I fear the only recourse might be court action. I suppose I Nye County resident would have to bring suit.
I don't think that this particular case involves her giving legal advice or even a legal interpretation of Nevada law to private citizens. You are reporting a blatant violation by Sheriff DeMeo. I can understand why she won't give an explanation to you, but she can at least look into the matter and deal with it accordingly. All she has to say is that she's looking into the matter, just like the NSCA did.
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varminter22
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Posted: Sun Aug 17th, 2008 11:29 pm |
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| I reckon it would be worth a try. Everyone/anyone is welcome to contact the AG!
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