Nevada Governor Brian Sandoval signed significant gun reform bills into law this week. SB 136 protects the rights of bow hunters to carry a handgun for self-defense. SB 175 establishes a strong preemption statute, eliminating a maze of local government ordinances and regulations, making gun laws uniform across the Silver State. The law strikes down the long-standing requirement for handgun registration in Clark County. County politicians created the registration scheme to counter crime in Las Vegas. Some cynics have said it was put in place at the request of organized crime. Other major changes . . .
1. Extends the State ‘s castle doctrine law to occupied motor vehicles.
2. Reforms reciprocity law to include any and all 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 from 14 to 34 or more. Here are the States that Nevada currently recognizes:
- Idaho “Enhanced” Permit*
- New Mexico
- North Carolina
- North Dakota “Class 1” Permit*
- South Carolina
We will not know for certain until the list is published.
3. 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 records must be destroyed as part of SB 175.
SB 240 provides for background checks at no cost for private sales, 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.
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.
©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
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