Nevada Statewide Rule
Nevada Firearms Local Preemption Under NRS 268.418
Key Facts
- Nrs 268.418
- NRS 268.418 preempts city firearm regulation
- Nrs 244.364
- NRS 244.364 preempts county firearm regulation
- Exemption
- Limited exception for unsafe discharge in populated areas
- Aggrieved Persons
- Aggrieved persons may sue and recover attorney fees
- Preemption Applies
- Preemption applies to ammunition and components
Summary
Nevada law preempts local firearm ordinances, reserving regulation of firearms, ammunition, and components to the state legislature, with narrow exceptions.
NRS 268.418 State control over regulation of firearms, firearm accessories and ammunition; limited regulatory authority of city; conflicting ordinance or regulation void; records of ownership of firearms; civil action by person adversely affected by enforcement of conflicting ordinance or regulation. 1. The Legislature hereby declares that: (a) The purpose of this section is 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 bear arms, which is recognized by the United States Constitution and the Nevada Constitution. (b) 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. (c) This section must be liberally construed to effectuate its purpose. 2.
Full Breakdown
NRS 268.418 (cities) and NRS 244.364 (counties) declare that the legislature occupies the field of firearms regulation. Local governments cannot enact rules concerning ownership, possession, transfer, transportation, registration, or licensing of firearms, ammunition, components, or accessories. Limited exceptions allow regulation of unsafe firearm discharge in populated areas and certain commercial gun shows. Ordinances inconsistent with state law are void, and aggrieved persons may sue local governments for declaratory or injunctive relief plus attorney fees.
Violations & Penalties
Local governments enforcing preempted firearm ordinances face civil suits, injunctions, and liability for attorney fees and damages to affected gun owners.
Frequently Asked Questions
Can a Nevada city ban certain firearms?
What if a city already has a firearm ordinance?
Sources
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