PDA

View Full Version : Law suit challenging NV ccw acceptance policy?


Ninety
10-09-2013, 2:30 AM
I hadn't heard anything about this...

This guy is challenging NV ability to give the authority of which states to accept CCWs from to a non profit organization ..NV Sheriff's and Chief's Association... the department of public safety are subject to the Open Records act... NV took a couple of sates off their acceptance list.. one of them FL .. where FL only recognizes your home state CCW if if your home state recognizes FLs ccw..

xromUBmYFBY

SonofWWIIDI
10-09-2013, 2:54 AM
Cliff notes? Hour and 12 minutes is a bit long for my phone battery.

Thanks!
:)

edgerly779
10-09-2013, 3:43 AM
NV accepts states that have the same level of training as nv. For example must have hands on firearms qualification . AZ and some others don't just take a test pass a background check and go feel safer.

Librarian
10-09-2013, 11:04 AM
At youtube, Published on Oct 7, 2013

The Nevada Sheriffs and Chiefs association, has the final say in the process of recognizing which State permits Nevada will recognize. Basically who can legally carry a firearm in Nevada and who cannot. The legislature also agreed to this non-profit organization producing the criteria that can be adopted by a sheriff for training. All of this with no transparency at all. Their pompous actions at the 2012 CCW meeting were over the top enough that one liberty minded individual had had enough. He reached out to all the big name (gun rights groups) for help, only to be denied. it seems they have been "working with the NSCA" Finally he teamed up with top notch counsel (Travis Barrick) and the duo set out to get justice.

Ninety
10-09-2013, 1:34 PM
They are questioning the constitutionality of the bold part of this statute.

Department of Safety is supposed to make the determination as to what the requirements are.. and they are a transparent organization so one could find out why anothers state is or isn't accepted. Where as if the Sheriffs and Chiefs association make the determination there is no way to find out how or why they make those decisions. The Sheriffs and Chiefs Association says that DPS makes the decision and DPS says that The SCA makes the final determination..

The SCA is claiming they are a private organization therefore are not covered under NV's Open Records act.. The Judge feels that SCA is a private entity that provides a public service and that they are subject to the open records act.

The judge feels that they are entitled to How , when , who , why decisions where made by SCA regarding CCW permits.. The Judges comments are found around 58min in or so..

NRS 202.3657  Application for permit; eligibility; denial or revocation of permit.

1.  Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

2.  A person applying for a permit may submit one application and obtain one permit to carry all revolvers and semiautomatic firearms owned by the person. The person must not be required to list and identify on the application each revolver or semiautomatic firearm owned by the person. A permit must list each category of firearm to which the permit pertains and is valid for any revolver or semiautomatic firearm which is owned or thereafter obtained by the person to whom the permit is issued.

3.  Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, semiautomatic firearms or both, as applicable, to any person who is qualified to possess the firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:

(a) Is 21 years of age or older;

(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

(c) Demonstrates competence with revolvers, semiautomatic firearms or both, as applicable, by presenting a certificate or other documentation to the sheriff which shows that the applicant:

(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Such a course must include instruction in the use of revolvers, semiautomatic firearms or both, as applicable, and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.

4.  The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

(a) Has an outstanding warrant for his or her arrest.

(b) Has been judicially declared incompetent or insane.

(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:

(1) Convicted of violating the provisions of NRS 484C.110; or

(2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

(h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

(i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

(1) Withholding of the entry of judgment for a conviction of a felony; or

(2) Suspension of sentence for the conviction of a felony.

(j) Has made a false statement on any application for a permit or for the renewal of a permit.

5.  The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

6.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.

7.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

(b) A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;

(c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;

(d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

(e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

(f) Whether the application pertains to semiautomatic firearms;

(g) Whether the application pertains to revolvers;

(h) A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and

(i) A nonrefundable fee set by the sheriff not to exceed $60.

NRS 202.3689  Department to prepare list of states that meet certain requirements concerning permits; Department to provide copy of list to law enforcement agencies in this State; Department to make list available to public.

1.  On or before July 1 of each year, the Department shall:

(a) Examine the requirements for the issuance of a permit to carry a concealed firearm in each state and determine whether the requirements of each state are substantially similar to or more stringent than the requirements set forth in NRS 202.3653 to 202.369, inclusive.

(b) Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm issued by that state and which a law enforcement officer in this State may access at all times through a national law enforcement telecommunications system.

(c) Prepare a list of states that meet the requirements of paragraphs (a) and (b). A state must not be included in the list unless the Nevada Sheriffs’ and Chiefs’ Association agrees with the Department that the state should be included in the list.

(d) Provide a copy of the list prepared pursuant to paragraph (c) to each law enforcement agency in this State.

2.  The Department shall, upon request, make the list prepared pursuant to subsection 1 available to the public.

(Added to NRS by 2007, 3150)

VegasND
10-09-2013, 5:23 PM
Nevada is a terribly screwed up state.

MP301
10-16-2013, 10:32 AM
Nevada is a terribly screwed up state.

Ha, compared to Ca, it's a wonderland!

VegasND
10-16-2013, 4:26 PM
I understand what you're saying but keep in mind: The Constitution is null and void here too -- just like it is in the rest of the remnants of the USA.
Ha, compared to Ca, it's a wonderland!