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.
Link to Gun Watch
Does anybody know if the preemption covers the two towns (North LV and Henderson, I think) that ban concealed carry? Or does it just preempt registration?
Jason NLV does not ban CC they ban any carry without a CCW and yes this effects that as well…as did the previous premption law that NLV has been ignoring for years
NV SB92 already includes the preemption language that nulls anything NLV, Boulder City, or Henderson may have in place. NLV’s DDW (Driving w/Deadly Weapon) is them pissing in the wind in the face of preemption.
Regardless, your CCW allows for concealed (and loaded in the case of NLV) carry (in vehicle or out). Other restrictions may apply (certain buildings, etc.)
North Las Vegas and Boulder City had concealed carry limitations that conflicted with state law. They were preempted a while back. One of the few “local” rules that survived past preemption statutes was Clark County’s registration scheme, which was an exception. Now, that will be gone, too.
The City of North Las Vegas maintains that open carry is prohibited within city limits, not CC with a license. They may use bogus “disturbing the peace” charges to enforce this, since Nevada is a gold star open carry state, but I’m not aware of any recent arrests. NLV also has a “gun in car” prohibition that likewise cannot stand. I don’t think that it’s enforced or if it remains on the town’s books.
Both Boulder City and Henderson also have ordinances prohibiting weapons in certain areas within city limits. These also are probably unenforceable as they conflict with state law and I’m not aware of any recent arrests.
Open carry within the City of Las Vegas — including the Strip — used to subject the carrier to police harassment but usually no arrest, since it’s perfectly legal. After settling a harassment complaint brought by an OCer, LV Metro has informed its officers that the cops cannot hassle an OCer, even on the Strip. Still, Metro officers certainly may ask questions of an OCer. I found them to be very polite when they stopped me. Of course, I was also very polite and I’m CC licensed as well.
As far as Boulder City, keep in mind that it was created to house the out of state laborers building the dam. BC was established to be both “gun free” and liquor free. Old ideas die hard.
What local ordinances continue to do under state law is regulate the discharge of firearms. But that’s true almost anywhere.
GJ, any corrections?
Only that I know NLV is or was as of a few days ago enforcing the gun in car BS mostly the younger guys.I spoke with a SGT of the NLVPD a while back and he said most of the older guys dont even think about it unless someone is being a dick
GJ, they will continue to do it until they are sued and lose in a highly costly case. They know they are in the wrong, and just don’t care.
N Las Vegas and Henderson doesn’t ban concealed firearms, I live in Henderson and have spoken with them on many occasions
I have friends and do business in Vegas. I’m hoping (expecting) CWFL reciprocity.
I’m hearing that Metro is giving out conflicting information to people depending on whom at the department one is talking to. Some officers are saying that the registration is required until October 1, which is a lie. There is more false information being given out by the PIO:
“SB 175/240 was passed and orders that registration to end. Registration will continue until the Clark County Commission repeals the local ordinance. The county commissioners have until October 2nd to repeal the ordinance. Until such time as ordinances are repealed, everything remains the same.
Office of Public Information
Las Vegas Metropolitan Police Department ”
There is even a news interview where the Metro officer gives out wrong information: http://www.fox5vegas.com/clip/11566235/behind-the-badge-nevada-gun-laws
So while the law is passed and is in effect immediately, we have our county law enforcement willfully violating the state law.
This is what I was wondering about. I thought the legislative rules stated that if a bill did not state a Date of Effect, the newly signed law would go into effect on October 1st of the year it was signed by the governor. I have been seeing people on various websites saying SB175 is in effect now, but I have not been able to find an official effective date anywhere which would make it seem like October 1st is the real date it becomes effective. Anyone else with greater insight or understanding please speak up 🙂 I really want it to be in effect now, but if it isn’t I don’t want to get in trouble for having an “unregistered” handgun.
SB175 effective June 2 2015
Yep they are not the only ones ..I have spoken by email with several state reps and even they think it has an OCT1 effective date …when I pointed it out to one they were surprised I then thanked them for reading legislation before voting on it
I then thanked them for reading legislation before voting on it
Ouch! I’m still laughing over that remark. 🙂
Sadly I dont think it was really a zing. So many politicians just mindlessly sign bills so I think its a valid compliment! lol
More “Liberal Tears”, particularly amongst the antis’.
I believe in Common Sense Gun Laws
Good positive momentum…I especially like expanding the reciprocity.
I put this in every post..join NRA.. here’s a link with a discount http://www.nra.org/ruger
Join your state org too…
Please let Arizona be on the new reciprocal list. Thank you.
I hope so too, but from what I understand, Nevada rescinded the previous reciprocity agreement with AZ because too many Nevadians(?) were coming down to AZ to get the permits, since the overall process was cheaper down here.
It was all about the money, quite frankly.
For my part I’m hoping that they give reciprocity to OR non-resident permits, since it is pretty clear they won’t give it to WA (since we have no training requirement).
The AZ permit requires training, I’m not sure about the DB availability.
I hope they accept it as a non-resident permit, because I kept mine when I moved, and I know my WA permit and UT non-resident permit won’t meet their criteria.
“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.
I find it sad that this even had to be there, but good for them.
Good job Nevada!
I have to say I wish we all could have access to run a background check, for free, if we chose to. I also like that people are indemnified if they don’t.
Thanks for publicizing this to the nation. I managed to scoop the NRA and AP back on Tuesday. Yes, LV Metro PD is making conflicting statements and there is no official word yet. Most other county agencies are resisting, using bureaucratic excuses.
Get the full story and details at nevadacarry.blogspot.com
Dont forget sb176 also which while not gun related removes idiotic restrictions on knives also sen gregg bower needs to go the guy hates campus carry
Brower will not be forgotten at the ballot box
This is going to run into some real opposition in Clark County. I read SB 175, and there are actual penalties and costs for a county not complying with the law. You can recover reasonable damages and legal fees for suing to force them to comply with the law.
Now, some background from a former Nevadan: Many of the people involved in writing this law are from the rural counties in Nevada. One of the authors is a former county commissioner in the county in which we used to live, and I know him well. I know two of the other authors as well, so I know a bit of their mindset.
For years, the rural Nevada counties have really had it in for Clark County on gun control laws. The rest of the state is very open about guns. If you waltz into a diner in rural Nevada with a piece on your hip, you’ll likely get into a 1911 vs. Glock vs. Sig argument faster than anyone is going to get all “eww, a gun!” on you. Rural Nevada is positively awash in guns, and with most of the rural counties being BLM lands, you can haul off the road just about anywhere in the state and start shooting at a gravel pit or dry wash. You can have a loaded handgun on your dashboard, get hauled over by the 5-0, and all you’d better do is keep your mitts off your heater whilst they’re talking to you. I’ve had encounters with rural sheriff’s departments in northern/central Nevada, and most of their deputies are cool as an ice cube about guns. The ones who aren’t are invariably new hires from places like California.
But, for all that coolness in the rural counties of Nevada, when you go down to Clark County, the law abiding gun owner is treated like a criminal. Vegas is still run by the remains of the mob, and they like to keep people under their thumb.
The way this law was drafted shows me that the rural legislators clearly understood who they were dealing with here. They didn’t just say “you have to stop writing your own county-level or city-level laws,” they provided a mechanism for people impacted by local laws to sue the offending government body, and recover real money from these clowns. That’s what it is going to take to really take down the clowns in Clark County.
As for the CCW recip issue: What SB175 places as a requirement for reciprocity is that the other state has some form of course or training to obtain a permit, and the other state must have an electronic database of CCW permit holders. This is a pretty expansive reciprocity criteria, but won’t include Constitutional Carry states, obviously. The legislation left it up to the Nevada ass’ns of police chiefs and sheriffs to establish the recip lists, tho. The Clark County top cops will be trying to keep other states off the list any way they can.
Anything that makes Clark County gnash their teeth and wail is a good idea, IMO.
On the reciprocity issue, some constitutional carry states(such as AZ) still offer permits that are honored in other states. Arizona permits used to be valid in Nevada until the training requirements were reduced a few years ago. Hopefully this will bring that back.
As someone who spends more time in Las Vegas than most Nevadans, I concur with DJ. Clark County has a barely disguised animus toward guns and carriers. But damn, has Nevada come a long way. Everything has gotten easier. It’s awesome to see.
Glad to see this progress.
I wonder if A B 121 just protects children from being punished for being children, or if it provides any penalties for the idiots who punish “Pop-tart gunmen”.
Oh good good. I hated either going around Nevada or just hiding my gun going through Las Vegas when I’m on I 15 heading north or south. It pissed me off having both Arizona and Washington permits, and AZ requires training and I couldn’t carry in Nevada. The only western states I can’t carry in after Nevada fixes this, Oregon and California and Oregon is looking into making a change also.
And the campus carry bill died miserably. If we want our rights back, we have got to find a way to get it back ourselves.
Florida is not on the reciprocity list.
The list given in the article is the list of places Nevada recognizes now. The new list is TBD. (Not sure, from the brevity of your post, whether you realized that or not.)
I don’t think Colorado WILL be on the list since sheriffs do not have to put your permit into the state’s database if they don’t want to. (Mine didn’t, but perhaps the new guy will.)
IF NV agrees to recognize FL, FL will recognize theirs by Florida statute.
I believe Colorado is the same way. Nevada has been a glaring exception to being able to CC anywhere except on the coasts for me (as has Minnesota, Illinois and West VA). The south is fairly friendly to CO permits as well with the exception of South Carolina and Virginia. I can get some of these states (plus Washington) with a Utah permit. (Utah non-resident permits were really popular here until Nevada dropped their recognition of them.) My main impetus for thinking about it, though, was Ohio, which finally deigned to recognized CO permits earlier this year.
4 or so years ago NV recognized FL, but then they dropped us and we reciprocated. NM did as well, but when we dropped them NM put us back and we put them back.
Just curious how this will play out for the “3-day wait”. Showing your blue card in vegas allows you to bypass the 3DW.
Or just buy/do your transfer in Henderson. Of course. 😉
The three day wait should be killed by SB175, it was part and parcel of the whole blue card ordinance. BTW Henderson is also in Clark County so was always subject to the blue card scheme – it’s all of Clark County, not just Vegas.
Oregon also is debating a reciprocity bill as well.
Las Vegas resident here, been tracking these bills as they went through the legislature. Overall a great session for gun rights in NV, SB175 enacted a lot of great stuff as outlined in this post, but a couple of flies in the ointment worth mentioning:
SB175 also contains a provision that anyone convicted of a domestic violence MISDEMEANOR or who has a domestic violence restraining order against them is prohibited from purchasing handguns. As I read the bill language it seems that they’d only be prohibited from purchasing guns in the future and can hang on to any they already own (which seems strange) but anyway this is no good. No citizen should lose rights for a misdemeanor, and there is no real due process in having a restraining order issued against someone – the burden of proof is basically zero and a simple unfounded accusation can be sufficient, often with no opportunity to defend yourself or face your accuser. Not so hot.
Also campus carry died in the legislature despite at least three attempts to pass it both as a straight bill and as an amendment. Besides the right to carry on NV higher education campuses, it also would have softened the ban on guns on K-12 school property, allowing parents to keep a firearm in their cars (but not on their person outside a car) while parking on K-12 school properties – useful if you don’t want to be disarmed while dropping off or picking up your kids from school. This one got very political and a bunch of republican assemblymen voted against it as an amendment to SB175 before reintroducing it the next day as an emergency standalone bill which they knew very well would never get a hearing. Which it didn’t, never getting out of committee. Pretty transparent maneuver to allow them to campaign on introducing the bill despite voting down the previous amendment which had word for word same language.
But overall a solid 7 out of 10 for gun rights this session.
Where’s the comments from all the orange clad slaves? Too busy planning your next hollow PR stunt? That’s okay. You occupy the Yahoo propaganda page, we’ll just take the solid victories.