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P.O.

Box 218, Minden, NV 89423


775-782-9821 FAX: 775-782-6255
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.*

Douglas County
Community & Senior Center
Thursday, March 14, 2019 5:30 PM
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 clerk@douglasnv.us
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.
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.

2 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

3 March 14, 2019


1

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

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RESOLUTION 2019R-011

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

Attachment: Resolution 2019R-011_SB 143 opposition re guns (3926 : Resolution 2019R-011 re 2nd Amendment protection)
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.

Attachment: Resolution 2019R-011_SB 143 opposition re guns (3926 : Resolution 2019R-011 re 2nd Amendment protection)
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

Attachment: Resolution 2019R-011_SB 143 opposition re guns (3926 : Resolution 2019R-011 re 2nd Amendment protection)
By: ______________________________
Deputy Clerk

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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,

Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)


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

- 80th Session (2019)


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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.

Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)


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.

- 80th Session (2019)


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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.

Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)


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.

- 80th Session (2019)


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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

Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)


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:

- 80th Session (2019)


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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

Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)


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

- 80th Session (2019)


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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

Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)


(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.
20 ~~~~~ 19

- 80th Session (2019)


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Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)
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Attachment: SB143_EN (3926 : Resolution 2019R-011 re 2nd Amendment protection)
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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 AND/OR INFRINGES ON THE

Attachment: Redline of Reso 2019R-011 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
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 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”;

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

Packet Pg. 16
1.c

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

Attachment: Redline of Reso 2019R-011 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
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 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.

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

Attachment: Redline of Reso 2019R-011 (3926 : Resolution 2019R-011 re 2nd Amendment protection)

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Attachment: Resolution 2019R-011_SB 143 opposition re guns_revised 3.11.19 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
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 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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Attachment: Resolution 2019R-011_SB 143 opposition re guns_revised 3.11.19 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
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 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.

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:

Attachment: Resolution 2019R-011_SB 143 opposition re guns_revised 3.11.19 (3926 : Resolution 2019R-011 re 2nd Amendment protection)
________________________________
Kathy Lewis, Douglas County Clerk

By: ______________________________
Deputy Clerk

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