Opinion by Bob Irwin with comments by Attorney Don Green.
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.