Baker v. Drozdoff

Amended regulation


Mr. Baker is a NRA-certified Home Firearms Safety and Basic Pistol Instructor and a Utah-certified Concealed Firearms Instructor. He is licensed to carry a concealed handgun pursuant to the laws of the States of Idaho, Oregon, and Utah. Mr. Baker is a life-long outdoorsman. He regularly camps and hunts in Idaho and Nevada, including in Nevada State Parks.

On August 26, 2010, Mr. Baker filed an amended complaint against Leo Drozdoff, Acting Director of the Nevada Department of Conservation and Natural Resources, and other Nevada State Parks officials, alleging that the maintenance and enforcement of N.A.C. § 407.105(1)(b)–(c) prohibits the possession and discharge of functional firearms for self-defense in Nevada State Parks in violation of the right to keep and bear arms guaranteed by the Second and Fourteenth Amendments. Although Defendants denied these allegations, they agreed to initiate a rulemaking to amend N.A.C. § 407.105. Defendants also consented to a preliminary injunction, enjoining enforcement N.A.C. § 407.105(1)(b)–(c). On September 21, 2010, the Federal District Court for the District of Nevada preliminarily enjoined enforcement of N.A.C. § 407.105(1)(b)–(c). The injunction expired on September 30, 2011, and the parties have stipulated to an extension of the injunction through March 30, 2012.

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Published In: Civil Rights Updates, Constitutional Law Updates

Reference Info:Federal, 9th Circuit, Nevada | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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