Friday, June 05, 2015

NV: Governor Sandoval Signs Gun Reforms in week ending on 1 June, 2015

Nevada Governor Sandoval signed significant gun reform bills into law in the last few days.

SB 136 was signed on May 27th, 2015.   It protects the rights of archery hunters to carry a handgun for protection.

SB 175  was signed on 1 June.  It makes gun laws uniform across the state of Nevada with a strong preemption statute.   The statute eliminates a maze of local government ordinances and regulations.  One of the chief of these is the long standing requirement for handgun registrations in Clark County.   The registration system was put into place as Las Vegas came under the influence of organized crime.   Some cynics have said that it was put in place at the request of organized crime.  

The major gun reforms are these:

1.  Extends the State castle doctrine law to occupied motor vehicles.

2.  Reforms reciprocity law to include states that require training and an available data base for law enforcement.  A list of states shall be made available to all law enforcement agencies in the State by July 1 of each year.  This should expand the number of states that Nevada recognizes.  Here are the States that Nevada currently recognizes:

  • Alaska
  • Arkansas
  • Idaho "Enhanced" Permit*
  • Illinois
  • Kansas
  • Kentucky
  • Michigan
  • Nebraska
  • New Mexico
  • North Carolina
  • North Dakota "Class 1" Permit*
  • Ohio
  • South Carolina
  • Tennessee
The reform is likely to increase the current number of states whose permits are recognized from 14 to 34 or more.  We will not know for certain until the list is published.

3.  State preemption law to insure that firearms laws are uniform over the entire state.

4.  Requires repeal of any local ordinance in conflict with the new law, including the Clark County registration ordinance.   If any person is adversely affected by local ordinances that do not follow state law,  local officials are subject to lawsuit and payment of three times damages, plus court fees and attorney fees.  Membership organizations whose members are affected may bring suit.

The Clark County registration has been a sore point for Nevada residents for years.  The registration records are required to be destroyed as part of SB 175.
SB 240 was signed on 1 June.  It provides for background checks at no cost, and immunity from lawsuit for performing or not performing background checks in good faith.  From the summation of the bill(pdf):
Existing law authorizes a private person who wishes to transfer a firearm to another person to request the Central Repository to perform a background check on the person who wishes to acquire the firearm. (NRS 202.254) Section 14 of this bill prohibits the Central Repository from charging a fee to perform a background check for such a transfer. Section 14 further provides immunity from civil and criminal liability to a person who does not request a background check or who requests a background check for any act or omission that was taken in good faith and without malicious intent. Finally, section 14 allows the Director of the Department of Public Safety to request an allocation from the Contingency Account in the State General Fund if necessary to cover the cost of providing background checks without the imposition of a fee.
Two bills have been sent to the Governor but have not yet been signed.

AB 121  Protects children from being punished for simulating a firearm by use of food, pen, pencil, by drawing or finger pointing, or by wearing second amendment depictions on clothing, in grades 1-8.   It has not yet been signed by the  Governor.

AB 167 reforms Nevada law to allow firearms to be stored in a locked container by Foster parents; and for foster parents who have a concealed carry permit to carry firearms in the presence of children.  It has not yet been signed.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

1 comment:

Anonymous said...

I still say no individual state has the authority to deny my federally guaranteed constitutional right to travel anywhere in this country. I have a national right to freedom of movement crossing any state line can not deny me the right to self protection. these states that claim they will only recognize permits from other states are violating the constitutional right to keep and bear arms, that can not be limited because of the second amendment. All of these state gun laws are infringements and are un constitutional. The federal constitution guarantees these rights and the states have no authority to deny those rights. I do not need a permit in Arizona and I am still a citizen of this nation under the federal constitution. Why is it that these state legislators can not read the tenth amendment? The tenth amendment is the teeth of the bill of rights. The bill of rights is a part of the federal constitution All states are required to honor everything in the federal constitution. Only those issues not addressed in the federal constitution can be addressed in a state constitution and anything not addressed in either the federal or state constitutions are left to the people as un enumerated rights. There can be no valid state gun laws Shall not infringe is in the federal constitution and the tenth amendment backs up the second amendment. The states are required to honor Shall Not Infringe. The states are required to honor the federal constitution over their own in order to join the union.