Saturday, September 18, 2010

The Nevada Example

All parties in the case challenging the possession and discharge of firearms for self-defense in Nevada State Parks, Baker v. Drozdoff et al (former Baker v. Biaggi et al), have agreed to a preliminary injunction in the case. This injunction prevents the enforcement of Nevada Administrative Code Sec. 407.105(1)(b) - (c) which prohibits the possession of a loaded firearm unless one had a recognized concealed carry permit as well as the discharge of any weapon. Nevada has 60 days in which to start an administrative rule-making procedure to amend this code to remove language that abridges the right to keep and bear arms.

Sec. 407.105 currently states, in part:
Possession or use of weapons. (NRS 407.0475, 407.065)

1. In any park, a person shall not:
(a) Use a bow and arrow, slingshot or paint ball launcher;
(b) Possess a firearm, unless:
(1) The firearm is unloaded and inside a vehicle; or
(2) The person in possession of the firearm has a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, and is carrying the firearm in conformity with the terms of the permit;
(c) Discharge a weapon, including, without limitation, an air rifle, spring gun or air pistol; or
(d) Throw a knife, hatchet, spear, stone or projectile,
except as authorized by the Administrator.
 As I described in this post, the case was brought by the Mountain States Legal Foundation on behalf of Al Baker, an University of Idaho law student, who had sought a special use camping permit for a group campsite near Elko, NV. In his permit application, he specifically stated that he intended to have a firearm in his tent for protection whereupon he was informed that would violate the law. Baker is a NRA-certified firearms instructor and holds concealed carry permits for the states of Idaho, Oregon, and Utah. However, Nevada does not have reciprocity with any of these states. While Nevada concealed carry permit holders are allowed to carry in Nevada State Parks, no one is allowed to discharge a firearm even in self-defense (outside of specified hunting areas and target ranges).

Congratulations are due to attorney Jim Manley of the Mountain States Legal Foundation and to the Nevada Attorney General's Office for being able to forge an agreement that works to preserve the Second Amendment rights of visitors to the Nevada State Parks. I guess it is too much to hope for to think that we might see similar moves in places like Chicago, New York, or California.

UPDATE: I received an email from Jim Manley this afternoon (Sept 21). The court order granting a preliminary injunction and stay on proceedings has been signed and filed. I have uploaded it here.