Sunday, May 24, 2015

Nevada Gun Reform passes Senate and House

On  22 May, 2015, the Nevada House passed SB175, a bill that combined a ban on people who have domestic violence convictions with major firearm law reforms.   The domestic violence law mirrors federal law, so it will have little practical effect unless the federal law is repealed or struck down by some future court.   The bill passed the Senate 14 to 5, and the Assembly, 25 to 17.  Governor Sandoval is expected to sign it.

I am writing this article from Nevada, and these  gun law reforms are welcome.  They are similar to those enacted by a number of states as the electorate demands restoration of second amendment rights.  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.  I have never registered firearms with them, as there is a 60 day grace period for registration.  The registration records are required to be destroyed as part of SB 175.

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


Anonymous said...

Note there is not one contiguous state to Nevada listed.

Anonymous said...

Thanks for the update Dean. I posted it to FR.

Unknown said...

I would like to see Arizona, Florida and Texas added to reciprocal states list.

Also, lets get really liberal open carry rules statewide, like so many other states already have.

Anonymous said...

The Lautenberg amendment isn't likely to go anywhere in the foreseeable future.

Anonymous said...

Why does the tenth amendment even exist if you gun owners will not read it and understand it. No individual state has the authority to interfere with our federally guaranteed rights When the second amendment states Shall Not Infringe that includes the individual states. The states have no power to modify the second amendment and never have had that authority. Laws and acts do not amend the constitution. It would require a constitutional amendment to change the second amendment. Why is this so difficult to understand. The federal constitution is superior to any state constitution and the second amendment in the bill of rights is superior to any state gun laws. The second and the tenth amendments in the federal constitution bill of rights have power over any state laws making all state gun laws void. The tenth amendment makes it very clear that the individual states must recognize the federal constitution above their own. There is nothing, zilch, Zip, Nada in the federal constitution that permits states to ignore or rewrite any provision of the federal constitution including the bill of rights. Adding words like open, concealed, in home or out side, when or where are unlawful re writes of our federally guaranteed rights and any gun law written by the states is an infringement. PERIOD. Not even the federal government has the authority to change the second amendment without a constitutional amendment. The government can not require a permit , license, registration, tax or even a safety course without infringing. Is it a right or a privilege? Think beyond the end of your barrel. I await someone to prove me wrong.