Wednesday, March 25, 2015

NV: Expanded Reciprocity Bill Passes Senate




In  Nevada, SB 175 passed the Senate.  The bill is a general gun law reform bill that passed 14 to 5 with 2 excused.    The bill changes the reciprocity law in Nevada in a significant way.  From SB 175 (pdf):
Sec. 4.5. NRS 202.3689 is hereby amended to read as follows:
202.3689 1. On or before July 1 of each year, the Department
shall:
(a) [Examine the requirements for the] Determine whether each
state requires a person to complete any training, class or program
before the
issuance of a permit to carry a concealed firearm in
[each] that state . [and determine whether the requirements of each
state are substantially similar to or more stringent than the
requirements set forth in NRS 202.3653 to 202.369, inclusive.
]
(b) Determine whether each state has an electronic database
which identifies each individual who possesses a valid permit to
carry a concealed firearm issued by that state and which a law
enforcement officer in this State may access at all times through a
national law enforcement telecommunications system.
(c) Prepare a list of states that meet the requirements of
paragraphs (a) and (b). A state must not be included in the list unless
the Nevada Sheriffs’ and Chiefs’ Association agrees with the
Department that the state should be included in the list.
(d) Provide a copy of the list prepared pursuant to paragraph (c)
to each law enforcement agency in this State.
2. The Department shall, upon request, make the list prepared
pursuant to subsection 1 available to the public.
The bill would eliminate the "substantially similar" language and substitute a requirement that training was required in order to obtain a permit in another state.  This would likely increase the number of state permits  that are recognized by Nevada significantly.  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
Nevada has a very unusual qualifier.  It requires the Nevada Sheriffs' and Chiefs' Association to approve of any state on the list compiled by the Department of Public Safety.   This is a very strange delegation of considerable power to a non-elected entity that is by nature, private.  It is rather like putting into law that the State Bar Association will decide what judges are picked to be on the bench.   I have not seen the power abused; but it seems a poor precedent to give an organization of law enforcers the ability to decide what the law is.

An article from a Nevada paper indicates that passage in the Assembly is likely.  From reviewjournal.com:
CARSON CITY - The Nevada Senate on Monday passed legislation prohibiting domestic violence abusers from possessing guns and making it easier for gun owners in other states to carry a concealed weapon in Nevada.

Senate Bill 175 also adds an occupied vehicle to Nevada law involving justifiable homicide. It passed on a vote of 14-5 with some Democratic support and now moves to the Assembly, where passage in the Republican-controlled chamber is likely.
 It seems likely that Governor Brian Sandoval would sign the modest reform.

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

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