The Nevada Legislature has broadly preempted cities, towns, and counties from regulating firearms. Nevada Revised Statutes Annotated sections 268.418, 244.364, and 269.222 provide that, 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, carrying, ownership, transportation, registration and licensing of firearms and ammunition in Nevada. No city, town or county may infringe upon those rights and powers.
The state allows cities, towns, and counties to regulate firearms in limited circumstances. Cities, towns, and counties, may regulate:
- The “unsafe discharge of firearms;”
- Carrying of firearms by public employees during or in the course of official duties; and
- Firearms business via zoning or business regulations that are generally applicable to businesses within the county including, indoor or outdoor shooting ranges.1
Nevada imposes strong penalties for violation of sections 268.418, 244.364, and 269.222. A plaintiff who successfully sues to enforce these sections is entitled to attorney’s fees and liquidated damages in an amount equal to two or three times the actual damages. Nevada’s preemption laws also allow membership organizations, such as the National Rifle Association, to sue to enforce the statutes.
There are no cases interpreting these sections.
- Nev. Rev. Stat. Ann. §§§ 268.418, 244.364, and 269.222. ⤴︎