Negative Firearm Regulations Are Boiling Over Into Nevada

Opinion by Bob Irwin with comments by Attorney Don Green.

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Negative Firearm Regulations Are Boiling Over Into Nevada

Las Vegas, NV – -(AmmoLand.com)- Attorney Don Green has some comments on some wins and losses for our pro-self-defense and pro-Second Amendment rights this year in Nevada.

Among the wins are the failure of our new Democrat Governor and Legislature to add a “Good Cause” requirement to our current “Shall Issue” Concealed Carry Permit law.

This anti-gun law failure was entirely due to continual lobbying and testimony at every legislative hearing by members and friends of the Nevada Firearms Coalition, The Firearms Policy Coalition, the NRA-ILA and concerned citizens from everywhere Nevada.

Had this passed it would have gutted the right to keep and bear arms in Nevada.

Significant Nevada legislation was however passed and now possibly allows counties, townships, and cities to enact their own local regulations. Currently, a smaller jurisdiction is only allowed to regulate where firearms are sold and discharged.

With the elimination of State Pre-emption, Counties, Townships, and individual Cities could enact local restrictions such as firearm registration; firearm carry in vehicle regulations, magazine capacity restrictions, possession of “Assault Weapons” and such, all in the name of gun safety.

Some are considering background checks for ammunition purchases as in California.

We also have a badly worded “Bump Stock” ban. As these are already outlawed federally, it matters very little. My Guest Attorney Don Green calls it window dressing. It is, however, subject to a court challenge if used as intended to assist the disabled to target practice and hunt.

Now we have a Red Flag law. This is designed to allow law enforcement to seize firearms from those thought to be a danger to themselves or others. The law allows people to report a relative or acquaintance, which can result in the seizure of their firearms.

This idea is certainly subject to abuse. (Often by divorce lawyers currently). Nobody wants nut cases who really are a danger having guns, but the standards for seizure are murky at best.

Another problem arises when the now ex-gun possessor attempts to get his guns back. How fast can a court hearing be held, and will his property be returned in a timely manner? Just how long is a timely manner?

“Safe storage” of firearms adds more problems. We all agree that firearms should be stored safely. What does that actually mean? Safe storage in one home may not apply at all in another. Is a safe required by law here? Is homeowner access delayed in time of self-defense? A hundred lawsuits later, the courts may tell us.

Universal background checks for all firearm transfers certainly feels good. Surveys over and over show that criminals rarely buy firearms legally. Exemptions are written into these laws for husbands and wives, other relatives living in the same household or attached garage or, or….

This law creates tons of paperwork for about zero murders prevented. These are not, however, a clear violation of the Nevada Constitution or U. S. Constitution according to some constitutional attorneys as long as they are free, only take a few minutes (like filling out a 4473) and don’t legally affect a citizen’s right to keep and bear arms.


About Bob Irwin

Bob is retired after 30 years of ownership of The Gun Store & Indoor Range in Las Vegas. He continues his 2A issues show “Fired Up with Bob Irwin” on YouTube and on KLEY 1230 AM, The Nevada Talk Network on Saturdays.

As a firearm instructor of Concealed Firearm Applicants, Armed Security Officer and Law Enforcement Academies over his career, Bob frequently appears as an expert witness for firearm & use of force cases in Federal, State, and local courts. More commentary from Bob Irwin ~ VIDEO.

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ceejayJeffStLPro2AKeep-On-TrumpinTionico Recent comment authors
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ceejay
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ceejay

All of our concerns are valid. Fightfornevada.com is formed to recall Sisolak as governor and turn Nevada around from a socialist state, no gun rights state, sanctuary state, etc. Please visit the website and get on board. Plan to be at one of the rallies listed i.e., November 16, 2019 in Las Vegas and November 17, 2019 in Pahrump. We also need help securing rally sites in these communities.

Jeff
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Jeff

You are Californicated. Thanks to a weak Republic party and an unscrupulous Democratic, west-coast liberal values have overtaken Nevada. The Democrats are working to make themselves a permanent majority party in Nevada by losing voter registration laws.

Tionico
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Tionico

These are not, however, a clear violation of the Nevada Constitution or U. S. Constitution according to some constitutional attorneys as long as they are free, only take a few minutes (like filling out a 4473) and don’t legally affect a citizen’s right to keep and bear arms. Until my friend George comes over and we both go out shooting in some safe legal place… and we want to try each other’s handguns, but its Saturday evening and the nearest gun store with an FFL is two hours away (if you don’t think this is possible you’ve never travelled outside… Read more »

MICHAEL J
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MICHAEL J

A sure sign that you’re going to lose your 2nd Amendment Rights is electing democrats.

Rayven
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Rayven

I don’t know about any of y’all, but, I’ve been noticing somewhat of a trend here… The government wants to make it so hard for the average American to obtain and keep a firearm… But that just makes it that much easier for the badguys to kill us… You notice that sense they started making such strict guidelines on possessing firearms, there has been more mass shootings and gun related violence…

I could be wrong, but this is my observation…

StLPro2A
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StLPro2A

Probably have your cause and effect interchanged. The increase in mass shootings……possibly through “nudging” an unstable person do to the dastardly deed…..is the cause to restrict your possession of guns….the desired effect.

option31
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option31

Read more: https://www.ammoland.com/2019/07/negative-firearm-regulations-are-boiling-over-into-nevada/#ixzz5ukPDGfs8 Under Creative Commons License: Attribution Follow us: @Ammoland on Twitter | Ammoland on Facebook These are not, however, a clear violation of the Nevada Constitution or U. S. Constitution according to some constitutional attorneys as long as they are free, only take a few minutes (like filling out a 4473) and don’t legally affect a citizen’s right to keep and bear arms. How any attorney could believe thst, shows we have a law school problem. Rights are not gifts from government, the are inherent. If the govt is determining anything regarding rights they are not rights but… Read more »

Quatermain
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Quatermain

This will continue and get worse until Nevada can figure out how to repatriate large numbers of Californians…

Notalima
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Notalima

Two things:

Which proposed bill would have replaced shall issue with ‘good cause’? NevadaShooters forum scoured the bills and I do not remember that one being listed. It surely would have invoked a mass call/email/hearing protest.

Preemption was not passed in Nevada this session. The article makes it seem like it was the way it is written. Preemption was removed from AB291 and replaced with Red Flag legislation. There is a whole story behind how that happened.

American Patriot
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American Patriot

Yeah you are right. This whole story sound like a liberal wrote it…..A lot of FAKE News!!!