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Local laws prohibit possession of guns in Clark County parks or in vehicles within North Las Vegas city limits.
Violation of the North Las Vegas “deadly weapons” ordinance, on the books since 1978, is a misdemeanor punishable by up to six months in jail and a $1,000 fine. The ordinance provides exceptions to the weapons ban as it pertains to “ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation.” The ordinance has only been enforced in conjunction with traffic stops for other violations, such as speeding or suspicion of criminal activity, police say.
It also appears to violate the state law that gives the Legislature, not local governments, the power to regulate firearms, UNLV Boyd School of Law professor Thomas McAffee says.
“The state statute does permit some older local registration requirements, but the city ordinance here is a complete ban on possession in a motor vehicle, which seems to clearly fall within the scope of the state reservation of authority,” McAffee says.
Michael Davidson, North Las Vegas’ chief criminal attorney, said his interpretation is that the ordinance is legal because when the state law was last revised in 2007, the intent was to preserve pre-1989 local gun laws that had nothing to do with firearm registration. He said there have been dozens of cases in recent years where convictions that included violation of that ordinance have been upheld in North Las Vegas Municipal Court without a single appeal of the weapons ban made to District Court in Clark County.