Special Meeting Agenda - Douglas County, Nevada

Douglas County

Board of Commissioners

Special Meeting Agenda

Barry Penzel, Chairman, District 5

Larry Walsh, Vice Chairman, District 3

Dave Nelson, District 1

John Engels, District 2

Wesley Rice, District 4

*REVISED 3/11/19 at 1:00 PM: Redlined resolution and final resolution added to agenda

packet.*

Thursday, March 14, 2019 5:30 PM

Douglas County

Community & Senior Center

1329 Waterloo Lane Gardnerville, NV

Grandview Dining Room

MISSION STATEMENT

Working together with integrity and accountability, the Douglas County team is dedicated to providing essential and cost-effective public services fostering a safe, healthy, scenic, and vibrant community for the

enjoyment of our residents and visitors.

Copies of the finalized agenda are posted at the following locations prior to the meeting day: Minden Inn, Administration

Building (Historic Courthouse), Judicial and Law Enforcement Center, and Community and Senior Center. Questions concerning

the agenda should be referred to the County Manager’s Office at 775-782-9821.

The Board of County Commissioners sit jointly as the following Boards: Liquor Board, License Board, Tahoe-Douglas

Transportation District Board, Water District Board, and the Redevelopment Agency. Agenda items may be taken out of order,

may be combined for consideration, or may be removed from the agenda at any time. All items designated “for possible action”

shall include discussion and possible action to approve, modify, deny, take “no action,” or continue the item.

It is the intent of the Board of County Commissioners to protect the dignity of citizens who wish to comment before the Board. It

is also the County Commissioner’s wish to provide the citizens of Douglas County with an environment that upholds the highest

professional standards. Citizens should have the ability to freely comment on items and/or projects that are brought before the

Board for action without interference.

In order to ensure that every citizen desiring to speak before the Board has the opportunity to express his or her opinion, it is

requested that the audience refrain from making comments, hand clapping or making any remarks or gestures that may interrupt,

interfere or prevent the speaker from commenting on any present or future project. Persons desiring an opportunity to address the

Board of County Commissioners and who are unable to attend the meeting are requested to send an email to [email protected]

at the Douglas County Clerk’s Office at least 24 hours prior to the convening of the Commission meeting.

Copies of supporting material can be requested in person from the Douglas County Clerk/Treasurer’s Office, 1616 8th Street,

Minden, Nevada or by calling 775-782-9013. Supporting material can also be found at http://douglascountynv.iqm2.com and

https://notice.nv.gov. During the public hearing, supporting materials can be viewed in the Public Information Binder located at

the entrance to the meeting room.

Notice to Persons with Disabilities: Members of the public who are disabled and require special assistance or accommodations at

the meeting are requested to notify the Clerk’s Office in writing at Post Office Box 218, Minden, Nevada 89423 or by calling

782-9821 at least 20 hours in advance.

P.O. Box 218, Minden, NV 89423

775-782-9821 FAX: 775-782-6255

mailto:[email protected]

http://douglascountynv.iqm2.com/

https://notice.nv.gov/

2 March 14, 2019

DOUGLAS COUNTY BOARD OF COUNTY COMMISSIONERS

FINAL AGENDA – GARDNERVILLE, NV

March 14, 2019

5:30 PM

Call to Order

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT (No Action)

At this time, public comment will be taken on those items that are within the jurisdiction and control of the Board of Commissioners or those agenda items

where public comment will not be taken as a public hearing is not legally required. Public Comment is limited to three minutes per speaker. The Board of

Commissioners uses timing lights to ensure that everyone has an opportunity to speak. You will see a green light when you begin, and then a yellow light which

indicates that you have thirty seconds left and should conclude your comments. Once the light turns red, please sit down.

If you are going to comment on a specific agenda item that the Board of Commissioners will take action on, please make your comments when the Board

of Commissioners considers that item and the item is opened for public comment. For members of the public not able to be present when an agendized item is

heard, Speaker/Comment Cards are available from the Clerk and at the entrance to the meeting room. These cards should be completed and given to the Clerk.

APPROVAL OF AGENDA

For possible action. Approval of proposed agenda. The Board of Commissioners reserves the right to take items in a different order to accomplish business in the most efficient manner, to combine two or more agenda items for consideration,

and to remove items from the agenda or delay discussion relating to items on the agenda.

ADMINISTRATIVE AGENDA

The Chairman will read the agenda title into the public record and will have the

discretion to determine how the item will be presented. On agenda items that are agendized as “for presentation only”, pursuant to NRS 241.020(2)(d)(3) public

comment is not required. Individuals interested in commenting on these items may choose to comment at either the beginning or end of the meeting. For agenda items identified as “for possible action,” although not required, public comment

will be allowed as each of those agenda items are heard by the Board.

3 March 14, 2019

1. For possible action. Discussion on the adoption of Resolution 2019R-011, a resolution informing the 80th (2019) session of the Nevada State Legislature that the Douglas County Board of County Commissioners opposes any state legislation

which exceeds federal firearm transfer requirements or infringes on the United States Constitution or Article I, Section 11 of the Constitution of the State of Nevada (Mary Anne Martin).20 minute presentation (approximate).

CLOSING PUBLIC COMMENT (No Action)

At this time, public comment will be taken on those items that are within the

jurisdiction and control of the Board of Commissioners or those agenda items where public comment has not already been taken. THE TIMING FOR AGENDA ITEMS IS APPROXIMATE UNLESS OTHERWISE INDICATED AS A TIME SPECIFIC ITEM. ITEMS MAY BE CONSIDERED AHEAD OF OR AFTER THE SCHEDULE INDICATED BY THIS AGENDA.

ADJOURNMENT

Douglas County Board of County Commissioners

AGENDA ACTION SHEET

Title: For possible action. Discussion on the adoption of Resolution 2019R-

011, a resolution informing the 80th (2019) session of the Nevada State

Legislature that the Douglas County Board of County Commissioners opposes

any state legislation which exceeds federal firearm transfer requirements or

infringes on the United States Constitution or Article I, Section 11 of the

Constitution of the State of Nevada (Mary Anne Martin).

Recommended Motion: Approve Resolution 2019R-011 as presented.

Financial Impact: None.

Prepared by: Mary Martin, Deputy District Attorney

Meeting Date: March 14, 2019 Time Required: 20 minute presentation

(approximate).

Agenda: Administrative

Background Information: Last month, both the Senate and Assembly of the

2019 Nevada legislature passed Senate Bill 143, which is described as, "an act

relating to firearms; repealing, revising and reenacting provisions relating to

background checks for certain sales or transfers of firearms; prohibiting a fee

from being charged for certain background checks; requiring a licensed dealer

of firearms to conduct a background check before a private party sale or

transfer in certain circumstances; providing a penalty; and providing other

matters properly relating thereto" ("SB 143"). On February 15, 2019, Governor

Steve Sisolak signed SB 143 into law with an effective date of January 2, 2020.

The full text of SB 143, as enrolled, is attached.

The Douglas County Board of County Commissioners has received extensive

public comment from local residents opposing SB 143, including the

requirement that licensed firearms dealers conduct a background check before

most private-party firearm transfers. Douglas County residents have expressed

concerns that SB 143, which exceeds the federal firearm transfer requirements,

infringes upon their Second and Fourth Amendment rights under the United

States Constitution as well as their rights under Article I, Section 11 of the

Constitution of the State of Nevada. Resolution 2019R-011 is intended to

convey and support these concerns regarding the Constitutionality of SB 143

to the 2019 Nevada legislature.

Agenda Item # 1

1

Packet Pg. 4

RESOLUTION 2019R-011

A RESOLUTION INFORMING THE 80

TH (2019) SESSION OF THE NEVADA STATE

LEGISLATURE THAT THE DOUGLAS COUNTY BOARD OF COUNTY

COMMISSIONERS OPPOSES ANY STATE LEGISLATION WHICH EXCEEDS

FEDERAL FIREARM TRANSFER REQUIREMENTS AND/OR INFRINGES ON THE

UNITED STATES CONSTITUTION AND/OR ARTICLE I, SECTION 11 OF THE

CONSTITUTION OF THE STATE OF NEVADA.

WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791

as part of the Bill of Rights, states: “A well-regulated militia, being necessary to the security of a

free state, the right of the people to keep and bear arms, shall not be infringed”;

WHEREAS, the United States Supreme Court held in United States v. Miller, 307 U.S.

174 (1939), that Second Amendment protection extends to firearms that are part of ordinary

military equipment or that could contribute to the common defense;

WHEREAS, the United States Supreme Court decision in District of Columbia v.

Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with

service in a militia, for traditionally lawful purposes, such as self-defense within the home;

WHEREAS, the United States Supreme Court affirmed in McDonald v. Chicago, 561

U.S. 742 (2010), that the Due Process Clause of the Fourteenth Amendment extends the Second

Amendment’s right to “keep and bear arms” to the states;

WHEREAS, the Fourth Amendment to the United States Constitution, adopted in 1791

as part of the Bill of Rights, states: “The right of the people to be secure in their persons, houses,

papers, and effects, against unreasonable searches and seizures, shall not be violated, and no

warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly

describing the place to be searched, and the persons or things to be seized.”

WHEREAS, Article I, Section 11 of the Constitution of the State of Nevada states, in

part: “Every citizen has the right to keep and bear arms for security and defense, for lawful

hunting and recreational use and for other lawful purposes”;

WHEREAS, pursuant section 282.020 of the Nevada Revised Statutes, all officers and

Members of the Nevada Legislature do solemnly swear (or affirm) to “support, protect and

defend the Constitution and Government of the United States, and the Constitution and

government of the State of Nevada, against all enemies, whether domestic or foreign, and that

[they] will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of

any state notwithstanding, and that [they] will well and faithfully perform all the duties of the

office. . . .”;

WHEREAS, both the Senate and Assembly of the 2019 Nevada legislature recently

passed Senate Bill 143, requiring licensed firearms dealers to conduct a background check before

most private party transfers of firearms and/or imposing similar restrictions;

WHEREAS, Senate Bill 143 was signed into law by Governor Steve Sisolack on

February 15, 2019 with an effective date of January 2, 2020; and

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WHEREAS, this Board desires to declare its support of the Second and Fourth

Amendments of the United States Constitution and Article I, Section 11 of the Constitution of

the State of Nevada protecting citizens’ inalienable and individual right to keep and bear arms.

NOW, THEREFORE, BE IT RESOLVED by the Douglas County Board of

Commissioners as follows:

1. That Douglas County supports the right of private individuals to lawfully sell or

transfer their legally-owned property without government interference;

2. That Douglas County opposes any legislation which exceeds federal gun laws

governing individual firearms transfers;

3. That the Douglas County Board of County Commissioners discourages the duly

elected Douglas County Sheriff from enforcing any unconstitutional firearms law

against any citizen;

4. That within its statutory or other legal powers, the Douglas County Board of County

Commissioners will request, advise, or otherwise direct any and all individuals,

entities, and agencies under its purview and authority to not enforce any law passed

by the Nevada Legislature that is contrary to or infringes upon the rights of the people

granted by the United States Constitution and/or the Constitution of the State of

Nevada; and

5. That the Douglas County Board of County Commissioners may decide not authorize

or appropriate County funds, resources, employees, agencies, contractors, buildings,

detention centers or offices for the purpose of enforcing law(s) that unconstitutionally

infringe(s) on the right of the people to keep and bear arms.

ADOPTED this ____ day of ___________, 2019, by the following vote:

Ayes: Commissioners: _________________________________

_________________________________

_________________________________

_________________________________

_________________________________

Nays: Commissioners: _________________________________

_________________________________

_________________________________

Absent: Commissioners: _________________________________

_________________________________

_________________________________

William B. Penzel, Chairman

Douglas County Board of Commissioners

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ATTEST:

________________________________

Kathy Lewis, Douglas County Clerk

By: ______________________________

Deputy Clerk

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- 80th Session (2019)

Senate Bill No. 143–Senators Atkinson, Cancela, Cannizzaro, Woodhouse, Parks; Brooks, Denis, Dondero Loop, Harris, Ohrenschall, Ratti, Scheible and Spearman

Joint Sponsors: Assemblymen Frierson, Yeager, Bilbray-Axelrod;

Assefa, Backus, Cohen, Duran, Flores, Fumo, Gorelow, Jauregui, Martinez, McCurdy, Miller, Monroe-Moreno, Nguyen, Peters, Spiegel, Sprinkle, Swank, Thompson, Torres and Watts

CHAPTER..........

AN ACT relating to firearms; repealing, revising and reenacting provisions relating to background checks for certain sales or transfers of firearms; prohibiting a fee from being charged for certain background checks; requiring a licensed dealer of firearms to conduct a background check before a private party sale or transfer in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest: Existing law concerning background checks for the sale or transfer of firearms is contained in The Background Check Act, which was proposed by an initiative petition and approved by the voters at the 2016 General Election. (NRS 202.2531-202.2543) Pursuant to the Nevada Constitution, as an initiative petition approved by the voters, The Background Check Act is not subject to legislative amendment or repeal until after November 22, 2019. (Nev. Const. Art. 19, § 2) To date, The Background Check Act has not been implemented because the Attorney General issued an opinion that a licensed firearms dealer cannot contact the National Instant Criminal Background Check System directly as the Act requires before the sale or transfer of a firearm that is being sold or transferred by a private party. (Att’y Gen. Op. 2016-12 (Dec. 28, 2016)) Therefore, section 9 of this bill repeals all of the provisions of The Background Check Act and reenacts the provisions without the requirement to make that direct contact. Section 10 of this bill makes the provisions effective January 2, 2020, which is after the date on which The Background Check Act may be amended or repealed. Section 2 of this bill establishes a short title in statute to allow the provisions to be cited as The Background Check Act. (See NRS 202.2531) Section 3 of this bill sets forth the findings and declarations regarding The Background Check Act. (See NRS 202.2533) Section 4 of this bill provides definitions for certain terms used in The Background Check Act. (See NRS 202.2535) Section 5 of this bill requires a licensed firearms dealer to conduct a background check on a person who wishes to buy or receive a firearm from an unlicensed person, but removes the requirement that the licensed dealer contact the National Instant Criminal Background Check System to perform the background check. Instead, section 5 requires a licensed dealer to contact the same agency the dealer would otherwise contact to conduct a background check if the dealer were selling or transferring the firearm from his or her own inventory. (See NRS 202.254) Section 6 of this bill provides certain exemptions from the requirement to conduct a background check when a private person is selling or transferring a firearm. (See NRS 202.2541) Section 7 of this bill sets forth the penalties for

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selling or transferring a firearm in violation of The Background Check Act. (See NRS 202.2543) Section 8 of this bill prohibits the Central Repository for Nevada Records of Criminal History from charging to perform a background check on a person who wishes to purchase or receive a firearm from an unlicensed person.

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act. Sec. 2. Sections 2 to 7, inclusive, of this act may be cited as The Background Check Act. Sec. 3. The Legislature representing the People of the State of Nevada hereby finds and declares that: 1. To promote public safety, federal law currently prohibits felons, domestic abusers, the severely mentally ill and other dangerous people from buying or possessing firearms; 2. Federally licensed firearms dealers are required to run background checks on their prospective buyers to ensure they are not prohibited from buying or possessing firearms; 3. Criminals and other dangerous people can avoid background checks by buying guns from unlicensed firearms sellers, whom they can easily meet online or at gun shows and who are not legally required to run background checks before selling or transferring firearms; 4. Due to this loophole, millions of guns exchange hands each year in the United States without a background check; 5. Most Nevadans live within 10 miles of a licensed gun dealer; 6. We have the right to bear arms, but with rights come responsibilities, including the responsibility to keep guns out of the hands of convicted felons and domestic abusers; and 7. To promote public safety and protect our communities, and to create a fair, level playing field for all gun sellers, the people of the State of Nevada approved The Background Check Initiative in the 2016 General Election with the intent to more effectively enforce current law prohibiting dangerous persons from purchasing and possessing firearms by requiring background checks on all firearms sales and transfers, with reasonable exceptions, including for immediate family members, hunting and self-defense.

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Sec. 4. As used in sections 2 to 7, inclusive, of this act unless the context otherwise requires: 1. “Central Repository” has the meaning ascribed to it in NRS 179A.045. 2. “Hunting” has the meaning ascribed to it in NRS 501.050. 3. “Licensed dealer” means a person who holds a license as a dealer in firearms issued pursuant to 18 U.S.C. § 923(a). 4. “Transferee” means an unlicensed person who wishes or intends to receive a firearm from another unlicensed person. 5. “Transferor” means an unlicensed person who wishes or intends to transfer a firearm to another unlicensed person. 6. “Trapping” has the meaning ascribed to it in NRS 501.090. 7. “Unlicensed person” means a person who does not hold a license as a dealer, importer or manufacturer in firearms issued pursuant to 18 U.S.C. § 923(a). Sec. 5. 1. Except as otherwise provided in section 6 of this act, an unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section. 2. The seller or transferor and buyer or transferee shall appear jointly with the firearm and request that a licensed dealer conduct a background check on the buyer or transferee. 3. A licensed dealer who agrees to conduct a background check pursuant to this section shall comply with all requirements of federal and state law as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee, including, but not limited to, all recordkeeping requirements. For the purpose of determining whether the buyer or transferee is eligible to purchase and possess firearms under state and federal law, the licensed dealer shall contact the same agency as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee. 4. Upon receiving a request for a background check from a licensed dealer pursuant to this section, the Central Repository or any other state or local agency described in subsection 3 shall, in the same manner as it would for the sale of a firearm from the licensed dealer’s inventory, perform a background check on the buyer or transferee and notify the licensed dealer of the results of the background check.

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5. The seller or transferor may remove the firearm from the business premises while the background check is being conducted if, before the seller or transferor sells or transfers the firearm to the buyer or transferee, the seller or transferor and the buyer or transferee return to the licensed dealer who takes possession of the firearm to complete the sale or transfer. 6. A licensed dealer who agrees to conduct a background check pursuant to this section shall inform the seller or transferor and the buyer or transferee of the response from the agency described in subsection 3. If the response indicates that the buyer or transferee is ineligible to purchase or possess the firearm, the licensed dealer shall return the firearm to the seller or transferor and the seller or transferor shall not sell or transfer the firearm to the buyer or transferee. 7. A licensed dealer may charge a reasonable fee for conducting a background check and facilitating a firearm transfer between unlicensed persons pursuant to this section. Sec. 6. The provisions of section 5 of this act do not apply to: 1. The sale or transfer of a firearm by or to any law enforcement agency and, to the extent he or she is acting within the course and scope of his or her employment and official duties, any peace officer, security guard entitled to carry a firearm under NAC 648.345, member of the armed forces or federal official. 2. The sale or transfer of an antique firearm, as defined in 18 U.S.C. § 921 (a)(16). 3. The sale or transfer of a firearm between immediate family members, which for the purposes of this section means spouses and domestic partners and any of the following relations, whether by whole or half blood, adoption, or step-relation: parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews. 4. The transfer of a firearm to an executor, administrator, trustee or personal representative of an estate or a trust that occurs by operation of law upon the death of the former owner of the firearm. 5. A temporary transfer of a firearm to a person who is not prohibited from buying or possessing firearms under state or federal law if such transfer: (a) Is necessary to prevent imminent death or great bodily harm; and (b) Lasts only as long as immediately necessary to prevent such imminent death or great bodily harm. 6. A temporary transfer of a firearm if:

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(a) The transferor has no reason to believe that the transferee is prohibited from buying or possessing firearms under state or federal law; (b) The transferor has no reason to believe that the transferee will use or intends to use the firearm in the commission of a crime; and (c) Such transfer occurs and the transferee’s possession of the firearm following the transfer is exclusively: (1) At an established shooting range authorized by the governing body of the jurisdiction in which such range is located; (2) At a lawful organized competition involving the use of a firearm; (3) While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance; (4) While hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting or trapping; or (5) While in the presence of the transferor. Sec. 7. An unlicensed person who sells or voluntarily transfers one or more firearms to another unlicensed person in violation of section 5 of this act: 1. For a first offense involving the sale or transfer of one or more firearms, is guilty of a gross misdemeanor; and 2. For a second or subsequent offense involving the sale or transfer of one or more firearms, is guilty of a category C felony and shall be punished as provided in NRS 193.130. Sec. 8. NRS 179A.140 is hereby amended to read as follows: 179A.140 1. Except as otherwise provided in this section, an agency of criminal justice may charge a reasonable fee for information relating to records of criminal history provided to any person or governmental entity. 2. An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department. 3. The Central Repository shall not charge such a fee: (a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately

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preceding 90 days in conjunction with the application by that person for professional licensure; [or] (b) For information provided to any organization that meets the criteria established by regulation pursuant to paragraph (b) of subsection 5 of NRS 179A.310 [.] ; or (c) For information provided to a person who is required to conduct a background check pursuant to section 5 of this act. 4. The Director may request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Department to carry out the provisions of paragraph (b) of subsection 3. 5. All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository. Sec. 9. NRS 202.2531, 202.2533, 202.2535, 202.254, 202.2541 and 202.2543 are hereby repealed. Sec. 10. This act becomes effective on January 2, 2020.

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A RESOLUTION INFORMING THE 80TH (2019) SESSION OF THE NEVADA STATE












WHEREAS, the United States Supreme Court decision in District of Columbia v. Heller,

554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with service

in a militia, for traditionally lawful purposes, such as self-defense within the home;

WHEREAS, the United States Supreme Court affirmed in McDonald v. Chicago, 561 U.S.

742 (2010), that the Due Process Clause of the Fourteenth Amendment extends the Second


WHEREAS, the Fourth Amendment to the United States Constitution, adopted in 1791 as

part of the Bill of Rights, states: “The right of the people to be secure in their persons, houses,


warrants shall issue, but upon probablyprobable cause, supported by oath or affirmation, and

particularly describing the place to be searched, and the persons or things to be seized.”

WHEREAS, Article I, Section 11 of the Constitution of the State of Nevada states, in part:

“Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and

recreational use and for other lawful purposes”;


Members of the Nevada Legislature do solemnly swear (or affirm) to “support, protect and defend

the Constitution and Government of the United States, and the Constitution and government of the

State of Nevada, against all enemies, whether domestic or foreign, and that [they] will bear true

faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state

notwithstanding, and that [they] will well and faithfully perform all the duties of the office. . . .”;

WHEREAS, both the Senate and Assembly of the 2019 Nevada legislature recently passed

Senate Bill 143, requiring licensed firearms dealers to conduct a background check before most

private party transfers of firearms and/or imposing similar restrictions;

WHEREAS, Senate Bill 143 was signed into law by Governor Steve Sisolack on February

15, 2019 with an effective date of January 2, 2020; and

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Amendments of the United States Constitution and Article I, Section 11 of the Constitution of the

State of Nevada protecting citizens’ inalienable and individual right to keep and bear arms.



1. That Douglas County supports the right of private individuals to lawfully sell or transfer

their legally-owned property without government interference;



3. That the Douglas County Board of County Commissioners discourages the duly elected

Douglas County Sheriff from enforcing any unconstitutional firearms law against any

citizen;


Commissioners will request, advise, or otherwise direct any and all individuals, entities,

and agencies under its purview and authority to not enforce any law passed by the

Nevada Legislature that is contrary to or infringes upon the rights of the people granted

by the United States Constitution and/or the Constitution of the State of Nevada; and

5. That the Douglas County Board of County Commissioners willmay decide not to

authorize or appropriate County funds, resources, employees, agencies, contractors,

buildings, detention centers or offices for the purpose of enforcing law(s) that

unconstitutionally infringe(s) on the right of the people to keep and bear arms.



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ATTEST:

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By: ______________________________

Deputy Clerk

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A RESOLUTION INFORMING THE 80

TH (2019) SESSION OF THE NEVADA STATE












WHEREAS, the United States Supreme Court decision in District of Columbia v.

Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with

service in a militia, for traditionally lawful purposes, such as self-defense within the home;

WHEREAS, the United States Supreme Court affirmed in McDonald v. Chicago, 561

U.S. 742 (2010), that the Due Process Clause of the Fourteenth Amendment extends the Second


WHEREAS, the Fourth Amendment to the United States Constitution, adopted in 1791

as part of the Bill of Rights, states: “The right of the people to be secure in their persons, houses,


warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly

describing the place to be searched, and the persons or things to be seized.”

WHEREAS, Article I, Section 11 of the Constitution of the State of Nevada states, in

part: “Every citizen has the right to keep and bear arms for security and defense, for lawful

hunting and recreational use and for other lawful purposes”;


Members of the Nevada Legislature do solemnly swear (or affirm) to “support, protect and

defend the Constitution and Government of the United States, and the Constitution and

government of the State of Nevada, against all enemies, whether domestic or foreign, and that

[they] will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of

any state notwithstanding, and that [they] will well and faithfully perform all the duties of the

office. . . .”;

WHEREAS, both the Senate and Assembly of the 2019 Nevada legislature recently

passed Senate Bill 143, requiring licensed firearms dealers to conduct a background check before

most private party transfers of firearms and/or imposing similar restrictions;

WHEREAS, Senate Bill 143 was signed into law by Governor Steve Sisolack on

February 15, 2019 with an effective date of January 2, 2020; and

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Amendments of the United States Constitution and Article I, Section 11 of the Constitution of

the State of Nevada protecting citizens’ inalienable and individual right to keep and bear arms.



1. That Douglas County supports the right of private individuals to lawfully sell or

transfer their legally-owned property without government interference;



3. That the Douglas County Board of County Commissioners discourages the duly

elected Douglas County Sheriff from enforcing any unconstitutional firearms law

against any citizen;


Commissioners will request, advise, or otherwise direct any and all individuals,

entities, and agencies under its purview and authority to not enforce any law passed

by the Nevada Legislature that is contrary to or infringes upon the rights of the people

granted by the United States Constitution and/or the Constitution of the State of

Nevada; and

5. That the Douglas County Board of County Commissioners may decide not to

authorize or appropriate County funds, resources, employees, agencies, contractors,

buildings, detention centers or offices for the purpose of enforcing law(s) that

unconstitutionally infringe(s) on the right of the people to keep and bear arms.



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ATTEST:

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By: ______________________________

Deputy Clerk

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Documents

Special Meeting Agenda - Douglas County, Nevada