The 2019 Nevada Legislative session passed AB 291. The bill was signed by Governor Steve Sisolak in June 2019 and goes into effect January 1, 2020.
Among other things, AB 291 bans bump stocks, which effectively convert semi-automatic firearms into fully automatic weapons. AB 291 also allows law enforcement officers or family members to seek an order requiring a person to surrender any firearms if they appear to pose a danger to themselves or others. It also allows the court to authorize law enforcement to seize a firearm if the person has not surrendered the firearm. This section of the law is referred to as “Red Flag” laws, or risk-based gun removal.
Critics of gun control measures say efforts to expand background checks, limit ammunition sales, and other legislative efforts are an infringement on the Second Amendment. They see it as a step toward disarming Americans and eroding remaining rights.
Opponents of red flag laws argue that such legislation infringes on constitutional rights such as the right to bear arms and the right to be secure against unreasonable searches and seizures, and object to ex parte hearings. There has been debate about how soon after the ex parte hearing the adversarial hearing should be held. For example, in Virginia, state senator Glen Sturtevant argued that the legislature should consider requiring an adversarial hearing on the order within 48 hours, rather than within 14 days.
Some people call AB 291 the “1 October Bill” due in part to the deadly mass shooting in Las Vegas in 2017. Democratic Assemblywoman Sandra Jauregui is the bill’s sponsor and survived the shooting that killed 58 people.
As of August 2019, 17 states and the District of Columbia have passed some form of red-flag law. The specifics of the laws, and the degree to which they are utilized, vary from state to state. So far, red-flag laws have been upheld against Second Amendment challenges, although the amount of case law on the subject is limited.
Some counties and cities have adopted "Second Amendment sanctuary" resolutions in opposition to red flag laws. As of 2019, some 75 jurisdictions have declared themselves sanctuaries that oppose emergency protection orders and enforcement of gun background checks. County commissioners signed a non-partisan resolution declaring the county to be a Second Amendment supporting county.
