RED FLAG LAW PASSES: THE OFFICIAL END OF GUN RIGHTS DUE PROCESS IN NEVADA?

June 15, 2019

Yesterday, Governor Sisolak signed AB291, the Red Flag law, that gives police and crazy ex’s the power to take away your guns without as so much as a hearing. In fact, the law does not require a medical professional to evaluate the person or even testify. The judge can rule solely on hearsay testimony or a form submitted by police or a social worker.

Veterans have been targeted by these laws in other states. In fact, hundreds of thousands of Veterans have lost their gun rights without due process pursuant to a comparable procedure through the VA. And  fewer than 50 have successfully invoked this “process” to get their rights back.

The first time gun owners learn there is a court order to remove their guns is when the police knock on their door with a SWAT TEAM. This has already resulted in the deaths of law abiding gun owners across the country. Next the gun owner will need to hire a lawyer and spend thousands of dollars to fight in court to get their rights back.

SB291 is far more intrusive then you think.

Assembly Bill 291, introduced by Assemblywoman Sandra Jauregui (D-41), will:

• Create Red Flag/Pre-Crime Protective Orders that allow for the removal of a person’s constitutional rights not because a person has been convicted of a crime or adjudicated mentally ill, but instead on third party allegations.  This bill lacks strong due process protections and contains low evidentiary standards that fall well below the norm for removing fundamental constitutional rights.
• Impose Mandatory Storage Requirements that will 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.
• Criminalize Certain Firearm Modifications: This bill is broader than existing federal regulations and would criminalize certain modifications on semi-automatic firearms.  Violations of this section would result in felony penalties. ​