CARSON CITY, Nev. (News 4 & Fox 11) — NevadansCAN, a Citizens Action Network, has filed a lawsuit to prevent a new law containing a “Red Flag” provision from taking effect on January 1, 2020.
NevadansCAN argues Red Flag laws are unconstitutional and violate citizens’ rights to due process and the Second Amendment right to keep and bear arms.
Assembly Bill 291, which passed Legislature this year, allows a family or household member to ask a judge to temporarily bar someone from accessing firearms if they are deemed a threat to themselves or someone else.
Julie Chen Hereford, a co-plaintiff in the suit, said the provision violates the U.S. and Nevada State constitutions by giving judges the power to take away a person’s right to bear arms.
The lawsuit asserts the Nevada Supreme Court’s decision in Andersen v Eighth Judicial District Court invalidates the red flag provision in the bill.
In that case, the Court decided that if a person is charged with the offense of “misdemeanor of battery constituting domestic violence,” they have the right to a jury trial to decide if they should be barred from owning a gun.
NevadansCAN said a judge cannot make the decision alone. It must be up to a jury.
“A person accused of being a danger may not even be aware of the court action against him, and his guns can be forcibly taken by law enforcement and his premises searched,” said co-plaintiff Mary Rooney. “Due process never enters into it.”
Hereford called the laws a power grab by the government and said NevadansCAN would continue to work to defend citizen’s rights.