A trio of bills seeking to implement new restrictions on access to firearms sparked backlash from Second Amendment proponents and brought out stark partisan disagreements among Democratic backers and Republican opponents.
The bills, heard Thursday in a rare joint meeting of the Assembly and Senate judiciary committees, propose prohibiting access to certain semi-automatic firearms to those under 21 years of age, criminalizing possession of guns near polling locations, adjusting state law banning “ghost guns” and restricting access to guns for those convicted of a hate crime.
But those measures face a steep hill to becoming law — Republican Gov. Joe Lombardo promised on his campaign website to “veto any legislation” that would take away the “right to build a firearm for personal use.” He also said he “supports the right of all law-abiding citizens to own a firearm if they so choose.” Republican lawmakers have also expressed an unwillingness to support such policies.
A representative from the governor’s office declined to give details on the governor’s stance on the measures, saying, “we’ll monitor all bills as they work through the legislative process and engage when we feel necessary.”
Proponents of the trio of gun control regulations said they had not had “direct discussions” with the governor about the measures, but said the legislation is a “common sense approach” that should be supported by everyone.
What the bills do
AB355, sponsored by Assemblywoman Sandra Jauregui (D-Las Vegas), would raise the legal age for purchase or possession of semi-automatic shotguns and rifles from 18 to 21, and criminalize possession of such weapons for those under 21. The bill also proposes penalizing anyone who aids or permits someone younger than 21 years old to possess such a weapon.
Proponents also noted that it would align the minimum age for purchasing semi-automatic weapons with the minimum age requirement for purchasing a handgun, which is already limited to those 21 and older.
Republican lawmakers said the bill would violate the Second Amendment rights of 18-, 19- and 20-year-olds, pointing to a federal court’s decision to strike down a California law restricting the ability of 18- to 20-year-olds to purchase rifles. But Li countered, pointing to Florida’s ban on gun sales to those under 21, which was ruled constitutional by a different federal court.
In response to a question raised by Sen. Jeff Stone (R-Henderson) about why 18-year-olds should be restricted from possessing such firearms despite being allowed to serve in the military, Jauregui said the age restriction would not be applied to members of the Armed Forces or those honorably discharged prior to turning 21.
AB354 — also sponsored by Jauregui — would criminalize bringing a gun within 100 yards of an election site. Any violation would be a gross misdemeanor, except in the case that someone knowingly brings a gun with the intent to disrupt or interfere with election administration, vote counting or a person attempting to vote — which would be a category D felony punishable by up to four years in prison.
Those election sites covered by the bill include not only polling places, but also vote-counting facilities and ballot drop boxes. The prohibition would not apply to law enforcement or private security hired by poll sites, nor would it affect guns being stored in cars, homes or businesses within the 100-yard buffer — so long as those guns are not being brandished.
Jauregui’s AB354 would also seek to clarify legal definitions of “unfinished frame or receiver” as part of the state’s attempt to ban so-called “ghost guns,” untraceable firearms without serial numbers. Passed in 2021 as AB286, the measure was shortly after challenged in state court, where gun manufacturers argued that the definition of “unfinished receiver” was too vague.
A district court judge later agreed, ruling in December 2021 that the original language was unconstitutional, in part because the bill created no clear standard to enforce the law. The case is still being appealed, however, and only saw oral arguments in front of the Nevada Supreme Court early last month.
SB171, a bill sponsored by Sen. Dallas Harris (D-Las Vegas), would prohibit a person from purchasing, owning or possessing any firearm if the person had been convicted of committing or attempting to commit a hate crime in the past 10 years.
Responses to the proposed legislation
The Assembly Republican Caucus moved swiftly to denounce the legislation and hearing, stating Wednesday that every one of its caucus members would vote against Jauregui’s bills, AB354 and AB355.
“A criminal intent on committing violent crimes will not be stopped by this law,” the caucus wrote in a statement Wednesday.
In opposition, a representative of the National Rifle Association (NRA) argued the prohibition on semi-automatic firearms for those under 21 would be “unconstitutional” and described it as “age discrimination against those under 21.”
Others in opposition included representatives of the Republican Party, several veterans and members of the public, who said the law would not effectively reduce gun violence and the state should be protecting gun rights, not limiting them.
Firearm storage
In a separate hearing Wednesday, Sen. Fabian Doñate (D-Las Vegas) presented a bill (SB294) meant to strengthen the state’s firearm storage laws and restrict children’s access to guns that may be left unattended at home.
It would require that gun dealers include a locking device capable of securing a firearm with every sale or transfer of a gun. Doñate noted that “as of 2021, 11 states have passed laws involving firearm locking devices at the point of sale.”
John Jones, a lobbyist for the Clark County District Attorney's Office who testified in support of the bill, said that in the last few years, 10 children in Clark County have died “in situations that we can directly trace back to improperly stored firearms.”
The push to increase firearm storage safety also follows a 2019 law (AB291) that made it a crime to negligently store a firearm in a location that the person knows could pose a risk to a child. Doñate’s bill preserves that language regarding negligent storage.
Under a proposed amendment to the bill, school police departments would also be required to provide training for their officers to perform active assailant response.