Nevada gun law reforms in the Legislative bullseye

CARSON CITY — A controversial Second Amendment bill that would expand the justifiable homicide defense to incidents in which individuals are attacked in their vehicles generated a contentious debate during a Senate Judiciary Committee hearing Wednesday.

Senate Majority Leader Michael Roberson, R-Henderson, said the provision in his Senate Bill 175 is intended only to clarify the already existing “Castle Doctrine” in Nevada law that permits individuals to use force to defend themselves in their homes also covers people in vehicles.

It would also extend civil immunity provisions to such incidents.

Roberson said the proposed expansion has nothing to do with the “Stand Your Ground” doctrine that he noted many Democratic lawmakers approved in Nevada 2011. The concept says that there is no duty to retreat before using deadly force if the person fears for his or her life. That bill won approval from all but three lawmakers and was signed into law by Gov. Brian Sandoval.

Even so, state Sen. Aaron Ford, D-Las Vegas, raised the specter of the controversial stand your ground concept in asking Roberson to remove the proposed change in his omnibus bill that includes numerous other provisions, including language that would bar domestic abusers from having guns. He noted that Thursday will be the third anniversary of the fatal shooting of Trayvon Martin in Florida in a stand your ground case that generated widespread outrage.

“It gives me pause to consider doing something I think you acknowledge is not really necessary under the law,” Ford said. “Either this bill is unnecessary or it does expand the Castle Doctrine to something that is not being addressed. If it is expanding, then I am adamantly opposed to that.”

He said there is no distinction between the two doctrines despite Roberson’s testimony to the contrary.

Ford said he has had to have tough conversations with his four sons over the past two years about young black men around the country who have been gunned down by people who later invoke stand your ground laws.

Vanessa Spinazola, legislative and advocacy director for the ACLU of Nevada, also disagreed with Roberson. The bill, she said, would expand the concept of stand your ground to include vehicles.

“At a time when we should be repealing our ‘Kill at Will’ laws to protect vulnerable Nevadans and increase public safety, this bill would authorize killing first and asking questions when it is much too late,” Spinazola said.

The justifiable homicide proposal was just one 2nd Amendment issue that generated a lot of testimony in hearings before both the Senate and Assembly Judiciary committees. Neither committee took action after debating the measures.

Provisions seeking to create a universal reciprocity requirement with other states for individuals who have concealed carry permits also provoked much comment.

The proposal is contained in SB175 and Senate Bill 171, which was also heard by the Senate panel. It was also the focus of Assembly Bill 139 heard in the Assembly Judiciary Committee earlier in the day.

Nevada now has reciprocity with only 16 states that have requirements equal to or greater than those required in Nevada, including live-fire training.

All three measures would require Nevada to recognize concealed carry permits issued by all states. The bills were supported by the Washoe County Sheriff’s Office, but not the Las Vegas Police Department.

Las Vegas Police lobbyist Chuck Callaway said the agency opposes the bill because the 36 states that are now excluded don’t all provide the same level of training as Nevada. Some states also lack a 24-hour system to allow police to check to see whether a concealed permit is valid, he said.

Nevada does not have reciprocity with Arizona, for example, because that state does not require live-fire training.

Callaway noted that in some states, such as Florida, concealed carry permits have been issued to people convicted of felonies.

Carol Howell, representing the Northern Sierra Ladies Gun Club, testified in favor of the bill, saying the process she now has to follow to carry her gun in Florida, where her son lives, is expensive and cumbersome. Howell, a concealed permit holder in Nevada, said she had to go to Utah to obtain a concealed carry permit because that state issues to nonresidents and has reciprocity with Florida.

Daniel Reid, representing the National Rifle Association, said Nevada recently dropped reciprocity with West Virginia because that state allows permits for people younger than 21 if a weapon is required for their job.

The proposed bill would be a great improvement over the current system, where the state must prepare an annual list of reciprocity states, he said.

SB175 would also repeal Clark County’s handgun registration requirement in Clark County, among other provisions. Clark County Sheriff Joe Lombardo supports that change.

Roberson’s measure would also make it illegal for anyone convicted of domestic violence, even a misdemeanor offense, to own a gun.

A violation would constitute a felony.

It also would prohibit anyone under an extended protection order from acquiring a gun while the order is in effect.