NRS 414.155 which PROHIBIT the closure of any gun store in the State of Nevada
Article & Information Provided By Mr. Donald J. Green Esq.
DONALD J. GREEN
Lawyer & Counselor At Law
4760 South Pecos Road, Suite 103
Las Vegas, Nevada 89121
Admitted To Practice Law Telephone: (702) 388-2047
In California & Nevada Telefax: (855) 459-8472
March 24, 2020
VIA FAX/EMAIL/HAND DELIVERY TO
Honorable Steve Sisolak Governor of the State of Nevada
Honorable Debra March Mayor, City of Henderson, Nevada
Honorable Aaron Ford Nevada Attorney General
Honorable Joseph Lombardo Sheriff, Clark County, Nevada
Honorable Thedrick Andres Chief of Police, Henderson, Nevada
RE: Invocation of NRS 414.155 as a Demand for Cessation of Warnings,
Citations, and/or Threats of Closures to Gun Stores
- You and your staff are respectfully advised of the specific provisions
of NRS 414.155 which PROHIBIT the closure of any gun store in the State of Nevada. This specific Nevada Statute is a limitation on your authority under your Emergency Powers as well as pursuant to your March 20, 2020 Declaration of Emergency Directive 003.
- NRS 414.155 provides in full:
“NRS 414.155 Limitations on emergency powers relating to firearms.
Pursuant to Amendment II of the Constitution of the United States and
Section 11 of Article 1 of the Constitution of the State of Nevada, and
notwithstanding any other provision of law, the emergency powers
conferred upon the Governor and upon the executive heads or
governing bodies of the political subdivisions of this State must not be
construed to allow:
- The confiscation of a firearm from a person unless the person is:
(a) In unlawful possession of the firearm; or
(b) Unlawfully carrying the firearm; or
- The imposition of additional restrictions as to the lawful possession,
transfer, sale, carrying, storage, display or use of:
(b) Ammunition; or
© Components of firearms or ammunition.
(Added to NRS by 2007, 358)”
- The undersigned represents Gun Store A in Henderson, Nevada and
Gun Store B in Las Vegas, Nevada. These clients are concerned that the Executive Branch of the State of Nevada has exceeded its authority by an ORDER to close such businesses, as these businesses are NOT specifically identified in your March 20, 2020 Declaration of Emergency Directive 003 and are NOT specifically identified in the list of NON-ESSENTIAL BUSINESSES, made public on or after March 20, 2020.
- NRS 414.155 acts as a statutory limitation on your authority during an emergency, and the reference to Nevada Attorney General Opinion Number 95-03 is irrelevant in that the Nevada Legislature unanimously approved NRS 414.155 during the 2007 Legislative Session.
- There are NO statutory exceptions to the prohibitions in Subsection 2
of NRS 414.155 so therefore, the March 20, 2020 Declaration of Emergency
Directive 003 cannot be construed to apply to Gun Stores as NON-ESSENTIAL BUSINESSES.
- My clients do not doubt your motives during this time of crisis, but
the Legislative History of NRS 414.155 conclusively demonstrates that our
Nevada Senate and our Nevada Assembly were mindful of the problems
associated with “…[t]he imposition of additional restrictions as to the lawful
possession, transfer, sale, carrying, storage, display or use of: (a) Firearms;
(b) Ammunition; or © Components of firearms or ammunition…”, as
specifically referenced in NRS 414.155.
- In accordance with the specific provisions of NRS 414.155, my clients specifically demand:
A. The cessation of any and all attempts to WARN any licensed gun store of its failure to halt business operations;
B. The cessation of any impending or actual issuance of any citation, whether administrative or criminal, to licensed guns stores;
C. The cessation of any threats to cancel, suspend, withdraw any business license of any licensed gun store;
D. The cessation of any cancellation, suspension, and/or withdrawal any
business license of any licensed gun store.
- My clients request IMMEDIATE compliance with NRS 414.155. My
clients are currently suffering injury so appropriate legal action will be considered in a court of competent jurisdiction.
- I can be reached on my direct cellular at 702-409-8239.
/s/ Donald J. Green
Donald J. Green, Esq.