‘Nevada Law, supplied to News 3 by State Senate Majority Leader Michael Roberson Concealed Firearms Pursuant to subsection 3 of NRS 202.3673, a person who has a permit to carry a concealed firearm may not carry the concealed firearm while he or she is on the premises of a public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the person is not prohibited from carrying a concealed firearm while he or she is on the premises of the public building pursuant to subsection 4 of NRS 202.3673. Subsection 4 of NRS 202.3673 allows the carrying of a concealed firearm by a permittee who is a prosecuting attorney in Nevada, who is employed in the public building or who has received written permission to carry a concealed firearm from the person in control of the public building. We understand that the libraries in the District have signs indicating that firearms are not allowed therein. Therefore, unless the few exceptions described above apply, a person is not allowed to carry a concealed firearm in a library in the District. Open Carry of Firearms 1, The open carry of firearms by a person who is not prohibited from possessing firearms is legal in Nevada, subject only to any specific prohibitions against carry a firearm in certain locations. ‘As an initial matter, we would note that the right to keep and bear arms is a constitutional right under both the Second Amendment to the United States Constitution and the Nevada Constitution. Section 11 of Article | of the Nevada Constitution provides that “e]very citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.” However, the constitutional right to keep and bear arms is not aan absolute right, and the Nevada Legislature has enacted certain restrictions on the right to keep and bear arms. For example, the Legislature has enacted NRS 202.360, which prohibits certain persons fiom owning or possessing firearms, including convicted felons who have not received a pardon restoring their right to bear arms, fugitives from justice and persons who are mentally ill. ‘The Legislature has not, however, enacted any statute that prohibits the open carry of firearms by persons who are otherwise authorized to possess firearms, For that reason, the open carry of firearms by a person who is not prohibited from possessing firearms is legal in Nevada, subject only to any specific prohibitions against carrying a firearm in certain locations. 2, NRS 202.3673 does not prohibit the open carry of firearms in a public building. This office is aware that some persons have argued that NRS 202.3673 prohibits the open carry of firearms in a public building. In fact, the District has relied upon the wording in Rule of Conduct 3, which states simply that “[flirearms are prohibited as outlined in NRS 202.3673.” However, the argument that NRS 202.3673 prohibits the open carry of firearms in a public building like a library is not legally sound because NRS 202.3673, by its plain language, regulates only the carrying of a concealed firearm by a person who has a permit to carry aconcealed firearm, NRS 202.3673 simply does not apply to the open carry of firearms in a public building, Because there is no general statutory prohibition against the open carry of firearms in a public building, we must determine whether there is any legal authority under which the District may lawfully restrict the open carry of firearms in the library. 3. State law preempts the District from adopting a policy banning the open carry of firearms Before the enactment of SB175 in the 2015 Session of the Nevada Legislature, and since 1989, Nevada law already provided that, except as otherwise provided by specific statute, the Legislature reserved for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and a county, city or town could not infringe upon those rights and powers. See NRS 244.364, 268.418 and 269.222, During the 2015 Legislative Session, the Legislature enacted SB175, which expanded the Legislature’s rights and powers of preemption over local authorities. Pursuant to the provisions of SB175, in addition to the rights and powers of preemption previously enjoyed by the Legislature, the Legislature expanded its rights and powers to include those necessary to regulate the carrying and storage of firearms, firearm accessories and ammunition, See sections 8, 9 and 10 of SB175, Additionally, SB175 provided that certain ordinances or regulations which are inconsistent with these rights and powers of the Legislature are null and void and required the governing bodies of certain political subdivisions of this State to repeal any such ordinance or regulation. Id, Finally, SB175 authorized a person who is adversely affected by the enforcement of any such ordinance or regulation to file suit in the appropriate court for declarative and injunctive relief and damages. Id, ‘The plain language of NRS 244,364, 268.418 and 269,222, as amended by SB175, clearly and unambiguously provides that the Legislature has reserved for itself the right and power to regulate the carrying of firearms in Nevada, and local authorities may not infringe upon that right and power. The plain language of those statutes also provides that any local ordinance or regulation that is inconsistent with the Legislature’s rights and powers is null and void and not only may not be enforced, but must be repealed by the appropriate local authority, The Legislature’s right and power to regulate the carrying of firearms in Nevada, set forth in NRS. 244.364, 268.418 and 269.222, necessarily includes the right and power to regulate both open and concealed carrying of firearms, whether in public buildings or elsewhere. Therefore, through the original enactment and recent amendment of NRS 244.364, 268.418 and 269.222, the Legislature has clearly and unambiguously preempted local authorities from regulating the open carry of firearms in public buildings, However, our inquiry does not end here because we must stil! determine whether the provisions of those statutes: (1) expressly preempt the District from prohibiting the open camry of firearms in a library; or (2) prevent the District from maintaining its policy banning the open carry of firearms under the doctrine of “field preemption” because the Legislature has decided to occupy the entire field. Even if'a court in Nevada were to find that a consolidated library distriet is a distinct, statutory body, created pursuant to chapter 379 of NRS, and should therefore not be consideredor treated as an entity of a county or city which is expressly preempted from regulating the carrying of firearms, the District would still be preempted from adopting a ban under the doctrine of field preemption. $B175 contains a legislative declaration expressly stating the Legislature’s intent to preempt local authorities from regulating firearms, and its legislative history makes that legislative intent clear. The state regulatory scheme is also pervasive, and there is a need for uniformity of law with respect to the entire state. Therefore, the Legislature has entirely occupied the field with respect to the regulation of the open carry of firearms and the District is preempted from adopting and enforcing its policy banning the open carry of firearms.