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The importance of enacting laws (Nevada example)

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  • Scott
    Have any Nevada Laws been enacted since 1982? The evidence points towards no. It s all about the enacting clause and prior to 1982, the clause itself was in
    Message 1 of 2 , Apr 29, 2004
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      Have any Nevada Laws been enacted since 1982? The evidence points
      towards no. It's all about the enacting clause and prior to 1982,
      the clause itself was in all italics (new material legislated by the
      Senate and Assembly). Since 1982, all of the enacting clauses have
      become all CAPITAL LETTERS (as if they were added by the Legislative
      Council Bureau at a later date). Let's examine this in further
      detail using a firearm statute.

      In the Nevada Revised Statutes (a codified version of the actual
      session laws and not the law itself, (see exhibit A below), you will
      find NRS 202.254 (see exhibit B). After tracing it back to the
      actual Bill (AB 412, 1997, exhibit C), we find that the enacting
      clause (exhibit D, Sec. 23 of Nevada Constitution Annotated), is
      written in all capital letter when new material added and spoken by
      the Senate and Assembly appears in all italics. If you track Nevada
      Bills back to 1982 and before you will find that all enacting
      clauses were in italics (see exhibit E) and then changed to all
      capital letters post 1982. Does this mean that the Legislative
      counsel Bureau (printers of the Bills) have merely added the
      Enacting Clauses themselves? If so, the "so-called" law would be
      void.

      Exhibit A:

      NRS 220.170 Certification; NRS as official codified version of
      Statutes of Nevada and prima facie evidence of law; citation.
      1. The master copy of Nevada Revised Statutes, as printed and bound
      in accordance with NRS 220.130, must contain a certificate of the
      director of the statute revision commission that he has compared
      each section thereof with the original section of the enrolled bill
      by which Nevada Revised Statutes was adopted and enacted, and that
      the sections in the published edition are correctly copied. All
      other printed and bound copies of Nevada Revised Statutes must
      contain a copy of the certificate.
      2. Each set of replacement or supplementary pages, prepared in
      accordance with NRS 220.160 and published before January 1, 1963,
      for inclusion in the master copy of Nevada Revised Statutes, must be
      accompanied by a certificate of the director of the statute revision
      commission, and each set published after January 1, 1963, by a
      certificate of the legislative counsel, that he has compared each
      section thereof with the original section of the enrolled bill, and
      that, with the exception of the changes authorized by law, the
      sections set forth in the replacement or supplementary pages are
      correctly copied. All other sets of replacement or supplementary
      pages must be accompanied by a copy of the certificate. All such
      certificates must be inserted in the bound copies of Nevada Revised
      Statutes in chronological order immediately following the initial
      certificate of the director.
      3. Copies of Nevada Revised Statutes, as printed, published,
      revised, supplemented and certified in accordance with this chapter,
      constitute the official codified version of Statutes of Nevada and
      may be cited as prima facie evidence of the law in all of the courts
      of this state. That evidence may be rebutted by proof that the
      statutes cited differ from the official statutes of Nevada.
      4. Nevada Revised Statutes and its component parts may be cited as
      follows:
      (a) Nevada Revised Statutes: NRS
      (b) A Title: Title 00 of NRS
      (c) A chapter: chapter 000 of NRS
      (d) A section: NRS 000.000
      [13:304:1951; A 1953, 388]—(NRS A 1957, 5; 1963, 1024; 1967, 35;
      1989, 1167)


      Exhibit B:

      NRS 202.254 Private person authorized to obtain background check on
      person who wishes to obtain firearm from him; fee.

      1. A private person who wishes to transfer a firearm to another
      person may, before he transfers the firearm, request that the
      Central Repository for Nevada Records of Criminal History perform a
      background check on the person who wishes to acquire the firearm.

      2. The person who requests the information pursuant to subsection 1
      shall provide the Central Repository with identifying information
      about the person who wishes to acquire the firearm.

      3. Upon receiving a request from a private person pursuant to
      subsection 1 and the identifying information required pursuant to
      subsection 2, the Central Repository shall within 5 business days
      after receiving the request:

      (a) Perform a background check on the person who wishes to acquire
      the firearm; and

      (b) Notify the person who requests the information whether the
      information available to the Central Repository indicates that the
      receipt of a firearm by the person who wishes to acquire the firearm
      would violate a state or federal law.

      4. If the person who requests the information does not receive
      notification from the Central Repository regarding his request
      within 5 business days after making the request, he may presume that
      the receipt of a firearm by the person who wishes to acquire the
      firearm would not violate a state or federal law.

      5. The Central Repository may charge a reasonable fee for performing
      a background check and notifying a person of the results of the
      background check pursuant to this section.

      6. The failure of a person to request the Central Repository to
      perform a background check pursuant to this section before
      transferring a firearm to another person does not give rise to any
      civil cause of action.

      (Added to NRS by 1997, 825)


      Exhibit C:

      Assembly Bill No. 412-Assemblymen Anderson, Perkins, Freeman, Von
      Tobel, Berman, Marvel, Ohrenschall, Amodei, Humke, Koivisto, Parks,
      Bache, Arberry, Giunchigliani, Goldwater, Herrera, Neighbors, de
      Braga, Williams, Buckley, Chowning, Mortenson, Sandoval, Cegavske,
      Price, Nolan, Manendo, Evans and Tiffany

      April 25, 1997
      ____________
      Referred to Committee on Judiciary


      SUMMARY--Revises provisions that govern owning, possessing,
      transferring and receiving firearms. (BDR 15-283)

      FISCAL NOTE: Effect on Local Government: No.

      Effect on the State or on Industrial Insurance: Yes.

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

      AN ACT relating to weapons; authorizing a private person who wishes
      to transfer a firearm to another person to obtain certain
      information from the central repository for Nevada records of
      criminal history about the person wishing to acquire the firearm;
      making various other changes concerning the ability of a person to
      own or possess a firearm; and providing other matters properly
      relating thereto.

      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 a
      new section to read as follows:
      1. A private person who wishes to transfer a firearm to another
      person may, before he transfers the firearm, request that the
      central repository for Nevada records of criminal history perform a
      background check on the person who wishes to acquire the firearm.
      2. The person who requests the information pursuant to subsection 1
      shall provide the central repository with identifying information
      about the person who wishes to acquire the firearm.
      3. Upon receiving a request from a private person pursuant to
      subsection 1 and the identifying information required pursuant to
      subsection 2, the central repository shall within 5 business days
      after receiving the request:
      (a) Perform a background check on the person who wishes to acquire
      the firearm; and
      (b) Notify the person who requests the information whether the
      information available to the central repository indicates that the
      receipt of a firearm by the person who wishes to acquire the firearm
      would violate a state or federal law.
      4. If the person who requests the information does not receive
      notification from the central repository regarding his request
      within 5 business days after making the request, he may presume that
      the receipt of a firearm by the person who wishes to acquire the
      firearm would not violate a state or federal law.
      5. The central repository may charge a reasonable fee for performing
      a background check and notifying a person of the results of the
      background check pursuant to this section.
      6. The failure of a person to request the central repository to
      perform a background check pursuant to this section before
      transferring a firearm to another person does not give rise to any
      civil cause of action.
      Sec. 2. NRS 202.253 is hereby amended to read as follows:
      202.253As used in NRS 202.255 to 202.369, inclusive [:] , and
      section 1 of this act:
      1. "Firearm" means any device designed to be used as a weapon from
      which a projectile may be expelled through the barrel by the force
      of any explosion or other form of combustion.
      2. "Firearm capable of being concealed upon the person" applies to
      and includes all firearms having a barrel less than 12 inches in
      length.
      3. "Motor vehicle" means every vehicle that is self-propelled.
      Sec. 3. NRS 202.350 is hereby amended to read as follows:
      202.3501. It is unlawful for a person within this state to:
      (a) Manufacture or cause to be manufactured, or import into the
      state, or keep, offer or expose for sale, or give, lend or possess
      any knife which is made an integral part of a belt buckle or any
      instrument or weapon of the kind commonly known as a switchblade
      knife, blackjack, slung shot, billy, sand-club, sandbag or metal
      knuckles; or
      (b) Except as otherwise provided in subsection 4 , [and NRS 202.3653
      to 202.369, inclusive,] carry concealed upon his person any:
      (1) Explosive substance, other than ammunition or any components
      thereof;
      (2) Dirk, dagger or machete;
      (3) Pistol, revolver or other firearm, or other dangerous or deadly
      weapon; or
      (4) Knife which is made an integral part of a belt buckle.
      2. It is unlawful for a person to possess or use a:
      (a) Nunchaku or trefoil with the intent to inflict harm upon the
      person of another; or
      (b) Machine gun or a silencer.
      3. Except as otherwise provided in NRS 202.275 and 212.185, a person
      who violates any of the provisions of subsection 1 or 2 is guilty:
      (a) For the first offense, of a gross misdemeanor.
      (b) For any subsequent offense, of a category D felony, and shall be
      punished as provided in NRS 193.130.
      4. Except as otherwise provided in this subsection and NRS 202.3653
      to 202.369, inclusive, the sheriff of any county may, upon written
      application by a resident of that county showing the reason or the
      purpose for which a concealed weapon is to be carried, issue a
      permit authorizing the applicant to carry in this state the
      concealed weapon described in the permit. The sheriff shall not
      issue a permit to a person to carry a switchblade knife.
      5. This section does not apply to:
      (a) Sheriffs, constables, marshals, peace officers, special police
      officers, police officers of this state, whether active or honorably
      retired, or other appointed officers.
      (b) Any person summoned by any peace officer to assist in making
      arrests or preserving the peace while the person so summoned is
      actually engaged in assisting such an officer.
      (c) Any full-time paid peace officer of an agency of the United
      States or another state or political subdivision thereof when
      carrying out official duties in the State of Nevada.
      (d) Members of the Armed Forces of the United States when on duty.
      6. The exemptions provided in subsection 5 do not include a former
      peace officer who is retired for disability unless his former
      employer has approved his fitness to carry a concealed weapon.
      7. The provisions of paragraph (b) of subsection 2 do not apply to
      any person who is licensed, authorized or permitted to possess or
      use a machine gun or silencer pursuant to federal law. The burden of
      establishing federal licensure, authorization or permission is upon
      the person possessing the license, authorization or permission.
      8. As used in this section:
      (a) "Concealed weapon" has the meaning ascribed to it in NRS
      202.3653.
      (b) "Honorably retired" means retired in Nevada after completion of
      10 years of creditable service as a member of the public employees'
      retirement system. A former peace officer is not "honorably retired"
      if he was discharged for cause or resigned before the final
      disposition of allegations of serious misconduct.
      (c) "Machine gun" means any weapon which shoots, is designed to
      shoot or can be readily restored to shoot more than one shot,
      without manual reloading, by a single function of the trigger.
      [(b)] (d) "Nunchaku" means an instrument consisting of two or more
      sticks, clubs, bars or rods connected by a rope, cord, wire or chain
      used as a weapon in forms of Oriental combat.
      [(c)] (e) "Silencer" means any device for silencing, muffling or
      diminishing the report of a firearm, including any combination of
      parts, designed or redesigned, and intended for use in assembling or
      fabricating a silencer or muffler, and any part intended only for
      use in such assembly or fabrication.
      [(d)] (f) "Switchblade knife" means a spring-blade knife, snap-blade
      knife or any other knife having the appearance of a pocket knife,
      any blade of which is 2 or more inches long and which can be
      released automatically by a flick of a button, pressure on the
      handle or other mechanical device, or is released by any type of
      mechanism.
      [(e)] (g) "Trefoil" means an instrument consisting of a metal plate
      having three or more radiating points with sharp edges, designed in
      the shape of a star, cross or other geometric figure and used as a
      weapon for throwing.
      Sec. 4. NRS 202.360 is hereby amended to read as follows:
      202.360 1. A person who has been convicted of a felony in this or
      any other state, or in any political subdivision thereof, or of a
      felony in violation of the laws of the United States of America,
      unless he has received a pardon and the pardon does not restrict his
      right to bear arms , [has been specifically restored,] shall not own
      or have in his possession or under his custody or control any
      firearm.
      2. As used in this section, "firearm" includes any firearm that is
      loaded or unloaded and operable or inoperable.
      3. A person who violates the provisions of this section is guilty of
      a category B felony and shall be punished by imprisonment in the
      state prison for a minimum term of not less than 1 year and a
      maximum term of not more than 6 years, and may be further punished
      by a fine of not more than $5,000.
      Sec. 5. NRS 202.365 is hereby repealed.
      Sec. 6. The amendatory provisions of this act do not apply to
      offenses that are committed before October 1, 1997.

      Exhibit D:

      Sec: 23. Enacting clause; law to be enacted by bill. The enacting
      clause of every law shall be as follows: "The people of the State of
      Nevada represented in Senate and Assembly, do enact as follows," and
      no law shall be enacted except by bill.
      CONSTITUTIONAL DEBATES.
      Nevada Constitutional Debates and Proceedings, pp. 152, 316, 790,
      838.
      WEST PUBLISHING CO.
      Statutes ! 11.
      WESTLAW Topic No. 361.
      C.J.S. Statutes §§ 18 et seq.
      NEVADA CASES.
      Act was void where enacting clause was not in form required by
      section. Application for writ of mandamus to compel county recorder
      to transcribe and deliver records pursuant to act of legislature was
      denied where act was void because enacting clause was not in form
      required by Nev. Art. 4, § 23. State ex rel. Chase v. Rogers, 10
      Nev. 250 (1875), cited, State ex rel. Stevenson v. Tufly, 20 Nev.
      427, at 428, 22 Pac. 1054 (1890), distinguished, Caine v. Robbins,
      61 Nev. 416, at 422, 131 P.2d 516 (1942)
      Certification by proper officers does not impart validity to act if
      it does not have proper enacting clause. Certification by proper
      officers of senate and assembly that act was properly passed does
      not impart validity to act if it does not have enacting clause in
      form required by Nev. Art. 4, § 23. State ex rel. Chase v. Rogers,
      10 Nev. 250 (1875), cited, State ex rel. Stevenson v. Tufly, 20 Nev.
      427, at 428, 22 Pac. 1054 (1890)
      Section is mandatory. Provisions of Nev. Art. 4, § 23, which
      prescribe form of enacting clause of every law are mandatory.
      Omission of words "senate and" from enacting clause of legislative
      act renders act void. State ex rel. Chase v. Rogers, 10 Nev. 250
      (1875), cited, State ex rel. Cardwell v. Glenn, 18 Nev. 34, at 39, 1
      Pac. 186 (1883), State ex rel. Stevenson v. Tufly, 20 Nev. 427, at
      428, 22 Pac. 1054 (1890), Nevada Highway Patrol Ass'n v. State,
      Dep't of Motor Vehicles & Public Safety, 107 Nev. 547, at 549, 815
      P.2d 608 (1991), distinguished, Caine v. Robbins, 61 Nev. 416, at
      422, 131 P.2d 516 (1942)

      Exhibit E:

      Link to example of Bill:

      http://www.leg.state.nv.us/lcb/research/library/1979/AB024,1979.pdf


      http://www.freewebs.com/nvlawman/
      http://groups.yahoo.com/group/NevadaLawAndGovernment/
    • Scott Hall
      JMHO, but shouldn t one raise the argument that a law was not properly enacted via objection or other form of challenge with 30 days after it s inception per
      Message 2 of 2 , Apr 29, 2004
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        JMHO, but shouldn't one raise the argument that a "law" was not properly enacted via objection or other form of challenge with 30 days after it's inception per due process and/or legal procedure?

        After all, said "laws" are published and the public given adequate notice that said laws were enacted. There is a time to object in all proceedings.

        Just like the 14th Amd, the courts have ruled that even though it wasn't properly ratified, it is now the law of the land "by use."

        Just food for thought.

        Scott


        Scott <jazzstock67@...> wrote:
        Have any Nevada Laws been enacted since 1982? The evidence points
        towards no. It's all about the enacting clause and prior to 1982,
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