Nevada: Omnibus Anti-Gun Bill Granted Waiver From Deadlines

As previously alerted, yesterday was the deadline for legislation to pass out of the policy committee in the second chamber.  A waiver was granted for Assembly Bill 291, exempting the bill from the deadlines.  This waiver coupled with the rules suspension that occurred earlier this week means that AB 291 can be considered at any time.  Assembly Bill 153 failed to meet the deadlines; however, it is possible that the mandatory storage provisions of AB 153 and some form of “red flag” firearm seizure language will be inserted into AB 291 sometime next week.  So-called “red flag” laws were never considered in a committee hearing this session and it will likely not have a hearing before being simply amended into AB 291.  SB 120 on the same subject matter was introduced this session, but was never considered and failed to meet legislative deadlines.  It has been reported that the sponsor will seek to remove sections of the bill that would repeal the state’s existing firearm preemption protections; however, at this time, no amendment has been offered.  Please click the “Take Action” button or call the phone numbers below to contact members of the committee and urge them to OPPOSE AB 291.

Senate Judiciary Committee
Chair: Nicole Cannizzaro (D-6), (775) 684-1475
Vice Chair: Dallas Harris (D-11), (775) 684-6502
James Ohrenschall (D-21), (775) 684-6503
Marilyn Dondero Loop (D-8), (775) 684-1445
Melanie Scheible (D-9), (775) 684-1421
Scott Hammond (R-18), (775) 684-1442
Ira Hansen (R-14), (775) 684-1480
Keith Pickard (R-20), (775) 684-1481 

Assembly Bill 291, introduced by Assemblywoman Sandra Jauregui (D-41), is omnibus anti-gun legislation that is a threat to both law-abiding gun owners residing in Nevada and those who are visiting.  Clark County has already begun drafting gun control legislation that will expand gun-free zones.  Most notably, AB 291 would:

• Allow Local Gun Control Laws: Nevada's firearm preemption laws have been on the books since 1989 and have been improved over the years to ensure consistency in firearm laws throughout the state, by occupying the field of firearm related regulations with the State Legislature.  With the amendments to AB 291, the legislature would cede authority to the counties to pass stricter gun control laws without limitation.  This move could result in a confusing patchwork of laws for both residents and visitors to navigate while subjecting Nevadans in one county to a different set of rules and regulations regarding their constitutional rights than to a person in a neighboring county. 
• Criminalize Certain Firearm Modifications: With the amendments, this legislation remains broader than existing federal regulations, and would criminalize certain modifications on semi-automatic firearms.  Violations of this section would result in felony penalties. 
• Expand the ability for localities to create “gun-free zones:” These arbitrary boundaries would only disarm law-abiding citizens and leave them defenseless against the criminals who ignore such restrictions.

Possible Amendments to the bill may include:

• Red Flag/Pre-Crime Protective Orders, which differ and no language is available at this time.  Generally, the orders are issued not because a person has been convicted of a crime or adjudicated mentally ill, but instead on third party allegations.  This legislation lacks strong due process protections and contains low evidentiary standards that fall well below the norm for removing fundamental constitutional rights. 
• AB 153 language that would expand Nevada's current law regulating firearm storage by imposing a one-size-fits-all government standard that requires firearms to be made unavailable for self-defense.

Again, please click the “Take Action” button or call the phone numbers above to contact members of the committee and urge them to OPPOSE AB 291.