Nevada Code § 269.222

State control over regulation of firearms, firearm accessories and ammunition; limited regulatory authority of town; conflicting ordinance or regulation void; records of ownership of firearms; civil action by person adversely affected by enforcement of conflicting ordinance or regulation
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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 keep
and 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. 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, storage, registration and licensing of firearms,
firearm accessories and ammunition in Nevada and to define such terms. No town
may infringe upon those rights and powers.
3. A town board may proscribe by ordinance
or regulation the unsafe discharge of firearms.
4. Any ordinance or regulation which is
inconsistent with this section or which is designed to restrict or prohibit the
sale, purchase, transfer, manufacture or display of firearms, firearm
accessories or ammunition that is otherwise lawful under the laws of this State
is null and void, and any official action taken by an employee or agent of a
town in violation of this section is void.
5. A town board shall repeal any ordinance
or regulation described in subsection 4, and any such ordinance or regulation
that is posted within the town must be removed.
6. A town board shall cause to be
destroyed any ownership records of firearms owned by private persons which are
kept or maintained by the town or any town agency, board or commission,
including, without limitation, any law enforcement agency, for the purposes of
compliance with any ordinance or regulation that is inconsistent with this
section. The provisions of this subsection do not apply to the ownership
records of firearms purchased and owned by any political subdivision of this
State.
7. Any person who is adversely affected by
the enforcement of an ordinance or regulation that violates this section on or
after October 1, 2015, may file suit in the appropriate court for declaratory
and injunctive relief and damages attributable to the violation.
Notwithstanding any other provision of law, such a person is entitled to:
(a) Reimbursement of actual damages, reasonable
attorneys fees and costs which the person has incurred if, within 30 days
after the person commenced the action but before a final determination has been
issued by the court, the town board repeals the ordinance or regulation that
violates this section.
(b) Liquidated damages in an amount equal to two
times the actual damages, reasonable attorneys fees and costs incurred by the
person if, more than 30 days after the person commenced the action but before a
final determination has been issued by the court, the town board repeals the
ordinance or regulation that violates this section.
(c) Liquidated damages in an amount equal to
three times the actual damages, reasonable attorneys fees and costs incurred
by the person if the court makes a final determination in favor of the person.
8. This section must not be construed to
prevent:
(a) A law enforcement agency or correctional
institution from promulgating and enforcing its own rules pertaining to
firearms, firearm accessories or ammunition that are issued to or used by peace
officers in the course of their official duties.
(b) A court or administrative law judge from
hearing and resolving a case or controversy or issuing an opinion or order on a
matter within its jurisdiction.
(c) A public employer from regulating or
prohibiting the carrying or possession of firearms, firearm accessories or
ammunition during or in the course of an employees official duties.
(d) The enactment or enforcement of a town zoning
or business ordinance which is generally applicable to businesses within the
town and thereby affects a firearms business within the town, including,
without limitation, an indoor or outdoor shooting range.
(e) A town from enacting and enforcing rules for
the operation and use of any firearm range owned and operated by the town.
(f) A political subdivision from sponsoring or
conducting a firearm-related competition or educational or cultural program and
enacting and enforcing rules for participation in or attendance at any such
competition or program.
(g) A political subdivision or any official
thereof with appropriate authority from enforcing any statute of this State.
9. As used in this section:
(a) Ammunition includes, without limitation,
fixed cartridge ammunition and the individual components thereof, shotgun
shells and the individual components thereof, projectiles for muzzle-loading
firearms and any propellant used in firearms or ammunition.
(b) Firearm includes, without limitation, a
pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder
weapon, muzzle-loading firearm or any device which is designed to, able to or
able to be readily converted to expel a projectile through the barrel by the action
of an explosive, other form of combustion or expanding gases.
(c) Firearm accessories means:
(1) Devices specifically designed or
adapted to enable the wearing or carrying of a firearm or the storing in or
mounting on a conveyance of a firearm; or
(2) Attachments or devices specifically
designed or adapted to be inserted into or affixed on a firearm to enable,
alter or improve the functioning or capability of the firearm.
(d) Person includes, without limitation:
(1) Any person who has standing to bring
or maintain an action concerning this section pursuant to the laws of this
State.
(2) Any person who:
(I) Can legally possess a firearm
under state and federal law;
(II) Owns, possesses, stores,
transports, carries or transfers firearms, ammunition or ammunition components
within a town; and
(III) Is subject to the town
ordinance or regulation at issue.
(3) A membership organization whose
members include a person described in subparagraphs (1) and (2) and which is
dedicated in whole or in part to protecting the legal, civil or constitutional
rights of its members.
(e) Political subdivision includes, without limitation,
a state agency, county, city, town or school district.
(f) Public employer has the meaning ascribed to
it in NRS 286.070 .

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