AB-288

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It has been said in the past that Nevada law on this subject isn't too bad, but NEEDS to be improved.

Well, Assemblyman Harry Mortenson (Clark Co, District 42) has introduced AB-288. See Asm Mortenson's legislative biography here: http://www.leg.state.nv.us/75th2009/Legislators/Assembly/Mortenson.pdf

AB-288 is an outstandingbill - good for Nevada - and deserves everyones' support!

AB-288 bill full text and history here: http://www.leg.state.nv.us/75th2009/reports/history.cfm?ID=569

(Note the bipartisan co-sponsorship.)

http://www.leg.state.nv.us/is the Nevada Legislature's official website; it contains a wealth of information. There, you can click on "ShareYour Opinion onLegislative Bills" which will take you here:http://www.leg.state.nv.us/75th2009/opinions/Poll/?CFID=1128668&CFTOKEN=10304530

You may then cast your "vote" on the bill and even type an optional comment.

I certainly encourage everyone to "vote" in support of AB-288.

AB-288 has been referred to the Judiciary Committee: http://www.leg.state.nv.us/75th2009/committees/A_Committees/JUD.cfm Everyone is encouraged to correspond with the members of the Jud Cmte to voice support also.


The Assemby Judiciary Committee members' email:

Anderson, Bernie
E-mail Address(es):
banderson@asm.state.nv.us
Chairman

Carpenter, John
E-mail Address(es):
jcarpenter@asm.state.nv.us

Cobb, Ty
E-mail Address(es):
tcobb@asm.state.nv.us

Dondero Loop, Marilyn
E-mail Address(es):
mdonderoloop@asm.state.nv.us

Gustavson, Don
E-mail Address(es):
dgustavson@asm.state.nv.us

Hambrick, John
E-mail Address(es):
jhambrick@asm.state.nv.us

Horne, William
E-mail Address(es):
whorne@asm.state.nv.us

Kihuen, Ruben
E-mail Address(es):
rkihuen@asm.state.nv.us

Manendo, Mark
E-mail Address(es):
mmanendo@asm.state.nv.us

McArthur, Richard
E-mail Address(es):
rmcarthur@asm.state.nv.us

Mortenson, Harry
E-mail Address(es):
hmortenson@asm.state.nv.us

Ohrenschall, James
E-mail Address(es):
johrenschall@asm.state.nv.us

Parnell, Bonnie
E-mail Address(es):
bparnell@asm.state.nv.us

Segerblom, Tick
E-mail Address(es):
rsegerblom@lvcoxmail.com
Vice Chairman

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I cannot stress enough the importance of sending an email (or letter or fax) to the legislators of the committee.

Same for casting your "vote" (and type an optional opinion) on the legislature's official website.

These things can make a big difference! They need to hear from you!

In an Assembly floor session in 2007, I witnessed an Assemblyman's remarks in support of a pro-gun bill. He ended his remarks with this quasi quote: "Let's pass this bill so the emails will stop coming!"

Also, last year we had an Assemblyman as our guest speaker at our club dinner/gun raffle event. While chatting through dinner, he remarked several times about the importance of corresponding with legislators. He also stressed it in his remarks to our group.

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Done.

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Done! Did you see all of the 'for' comments on this bill? There was only one 'against' and I think from the comment that this was an error on someones' part. Thanks for the heads up, Varminter 22, lets get this bill passed!

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Well, guys, Assembly Judiciary Committee Chairman Bernie Anderson has indicated he does NOT like the "civil immunity" part of the bill. He may even try to kill the bill.

The "civil immunity" clause is a "MUST RETAIN" item.

I believe we'll need to mount a very strong grass roots campaign to get this bill enacted as written.

Please, please write/email/call/fax Bernie Anderson and URGE him to hear AB-288 in committee and pass it as it is written with NO amendments.

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Is this the same guy who wanted the semi auto qualify on the CCW?

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Vegassteve wrote:

Is this the same guy who wanted the semi auto qualify on the CCW?

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Yep, the same PIA that for some strange reason keeps getting voted back in.

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Loneviking wrote:

Vegassteve wrote:

Is this the same guy who wanted the semi auto qualify on the CCW?

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Yep, the same PIA that for some strange reason keeps getting voted back in.

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Yep, Bernie Anderson is quick to kill this type of stuff.

The good news? Bernie is term limited out and will not be back in the Assembly in 2010.

The bad news? I heard he might run for NV Senate.

More bad news: No details yet, but apparently Asm Settelmeyer's "any semi-auto" BDR is dead and will not be introduced nor heard this session.

We all knew this would be a difficult session. Apparently it is much worse than I imagined.

We need to push HARD for AB-288 (Castle Doctrine) as it was introduced.

Also see AJR-15 - another VERY good bill!

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Ill be calling back Gov Gibbons office back tomorrow (they actually called me and wanted me to call them back to talk about a message I sent Gibbons regarding the 2nd amendment). I'll definately be sure to discuss the castle doctrine.

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Thanks, Bill.

And your letter sounds interesting too. Perhaps you could brief us.

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Certainly Varminter.

Here's the letter I sent to several Representatives (Ensign, Titus, Gibbons, Reid, Rep. Heller, and a few others)

"
Billy XXXX
XXXX W. XXXXXXXX Rd.
Las Vegas, NV 89130


Dear (insert various senators and representatives names here),


I respectfully urge you to oppose any new anti-gun legislation AND old gun
control laws. I ask that you support pro-gun bills. Anti-gun legislation
only serves to disarm law abiding citizens and increases the likelihood
that citizens will not be able to defend themselves against those who do
not obey the law and oppose the constitution. Firearm ownership never has
and never was about "sporting purposes", the founding fathers set forth
the 2nd amendment so that citizens who had no intention of breaking the
law could defend themselves from those who intend to oppress and break the
law, including criminals and tyrannical governments. 2.5 million times a
year in the United States, firearms are used to prevent crime, if firearms
are restricted more than they currently are, only the criminals, the
people who don't obey the law and WILL get firearms one way or another,
then those who obey the law will have sticks and stones to defend
themselves. Is that the outcome we want to achieve? A country where it's
illegal for citizens who follow the law to defend themselves from
criminals or possibly a government who doesn't trust it's citizens? The
American government is here to serve the people, not protect itself.

There is no "compromising". No form of 2nd amendment restriction or
prohibition is "acceptable".

I expect you to support the Second Amendment, without exception.


Sincerely,

Billy XXXXX"

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Today is THE last day to attempt to get AB288 on the table. Send your emails now. Make your phone calls today. Whether or not it gets a hearing in Judiciary, make SURE that Asm Anderson KNOWS without doubt that we want this bill to be heard. Make SURE that Assemblywoman Buckley KNOWS without doubt that Ams Anderson is not allowing it to be heard. Make SURE that the Sponsors and Co-Sponsors KNOW that we appreciate their support of AB288.

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Thanks, Dave.

I couldn't have said it better!

I might add this: Even though the deadline is passing without AB-288 receiving a committee hearing, we need to continue to let them know our displeasure. Now. And through the end of this legislative session. And through our state legislators terms of office!

There is absolutely NO doubt in my mind that Assemblyman Bernie Anderson completely ignored his constituents, his colleagues (AB-288 had bi-partisan co-sponsorship), and the people of Nevada.

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In my opinion, gun owners fell asleep this election cycle and what happened to AB288 is only one example of what we get for falling asleep.

The Democratic Party is thegun controlparty. Even though they may have kept their views out of the mainstream media this election cycle, this is, clearly, one of the central tenets of their party.

I can already see the mainstream media pushing gun control schemes and scaring people about private firearms ownership. This is justthe beginning of a generalmedia campaign to get votes for a renewed "assault weapons" ban and gun registration.

A vote for a Democrat is a vote against the Second Amendment. Don't let the campaign platitudes fool you. Bernie Anderson just proved it again to gun owners.

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SeanLV wrote:

In my opinion, gun owners fell asleep this election cycle and what happened to AB288 is only one example of what we get for falling asleep.

The Democratic Party is thegun controlparty. Even though they may have kept their views out of the mainstream media this election cycle, this is, clearly, one of the central tenets of their party.

I can already see the mainstream media pushing gun control schemes and scaring people about private firearms ownership. This is justthe beginning of a generalmedia campaign to get votes for a renewed "assault weapons" ban and gun registration.

A vote for a Democrat is a vote against the Second Amendment. Don't let the campaign platitudes fool you. Bernie Anderson just proved it again to gun owners.

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First off, we ARE the gun owners, and we didn't fall asleep. MANY of us have spent a lot of time speaking with our Assembly representatives. It is not us who have fallen asleep. I personally spoke with the person at Asm Anderson's office by phone, and no amount of contact would likely have sufficed. It is in the power of that one person to squash the legislation. That power of a Committee Chair needs to be removed.

AB288 was a bi-partisan bill.

Mortenson DEM
Ohrenschall DEM
Aizley DEM
Arberry DEM
Bobzien DEM
Christensen REP
Claborn DEM
Conklin DEM
Goedhart REP
Goicoechea REP
Gustavson REP
Hambrick REP
Hardy REP
Kihuen DEM
Koivisto DEM
McArthur REP
Munford DEM
Oceguera DEM
Segerblom DEM
Settelmeyer REP

The FACT is that more Democrats were co-sponsors of this legislation, and the MAIN sponsors were BOTH Democrats. It ain't a party issue any more. If this election cycle does not drive that home, people really aren't paying attention........

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I think you both made good points.

On a national level, the Democrat party does attempt draconian (and unconstitutional)anti-gun legislation.

In Nevada, we do have several pro-gun Demcrats. The sponsor and about half of the co-sponsors of AB-288 were Democrats. I know there were other Republican and probably more Democrat legislators that would have signed on as co-sponsors if given the chance.

Gun owning and Constitution loving Nevadans did correspond with our legislators and voiced strong support for AB-288. We at Stillwater Firearms Ass'n were quite pro-active.

Unfortunately, a chairman of a Nevada legislative committee - in this case Bernie Anderson (D) - has enormous power.

Ol' Bernie has never been known as a pro-gun guy, and he killed AB-288 by simply NOT allowing a Judiciary Committee hearing of the bill.

Let there be no doubt - Assemblyman Bernie Anderson (D) completely ignored his constituents, colleagues, and the people of Nevada. Bernie Anderson FAILED to execute the duties of his office and position of Chairman, Judiciary Committee.

Also let there be no doubt that althoughI do not accept most of the Democrat party platform, I do acknowledge there are some pro-gun Democrats and we must work with them to restore 2nd Amendment rights.

That said, I think Sean well makes the point: We must educate the masses and become politically active - and vote (intelligently)! I am convinced that IF we can get the people to learn the FACTS, the anti-gunners propaganda will be proved wrong.

But "IF" is a big word. It will take an effort by all of us.

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Idk what to say to this.

This Anderson guy literally makes me sick to my stomach, like Pelosi, Schwarzenegger, Obama, Clinton, Brady, Feinstein, etc.

Reading and listening to these people speak about firearms and 2a rights have literally made me physically sick.

I'm speechless over this Anderson guy.

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It's easy to co-sponsor a bill and use it in a campaign ad when you know it won't pass.

I'm just not convinced of the sincereity of the "pro-gun" Democrats, especially in light of the recent national level statements by their leadership. The support I see, even at the local level,is lukewarm, at best. None of them went out of their way to support AB 288. If these Democrats really were pro-Constitution and anti-crime, this bill would've passed over Bernie's objections. In most Western states, there's not much controversy to the Castle Doctrine. The text of AB 288 was, actually, pretty tame and very limited when compared with the language of similar laws in other states.

There have been several home invasions in my own neighborhood. Not having a Castle Doctrine is simply ahome invaderprotection act. Las Vegas Metro, while being a top notch police force, only arrives in time to put up the crime scene tape. Then, the case gets put in a cardboard box, given other more pressing crimes,and left there until it's eventually burnedas trashyears later.

Maybe I'm a cynic, but I see these tactics as just a way to split the pro-Second Amendment voting block and neutraize it so the Democratic leadershipcan pass their true agenda. I'm just not convinced that they learned their lesson from their defeats after the1994 Clinton Gun Ban, especially after the parade in the media over the past week.

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One prominent Democrat spoke out directly against a reinstatement of the AWB

http://www.nraila.org/Legislation/Federal/Read.aspx?id=4509

Holder was still enjoying the high (pardon the pun) that he must have felt from his media moment when Speaker of the House Nancy Pelosi (D-Calif.) reminded him that it isn't the Attorney General who makes laws in the United States. Asked whether Holder had spoken to her before putting himself in front of the national news cameras, Pelosi said "no," adding, "I think we need to enforce the laws we have right now." Shortly thereafter, the office of Senate Majority Leader Harry Reid (D-Nev.) stated flatly that "Senator Reid would oppose an effort [to] reinstate the ban if the Senate were to vote on it in the future.

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"and the times they are a-changin'.."

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SeanLV wrote:

It's easy to co-sponsor a bill and use it in a campaign ad when you know it won't pass.

I'm just not convinced of the sincereity of the "pro-gun" Democrats, especially in light of the recent national level statements by their leadership. The support I see, even at the local level,is lukewarm, at best. None of them went out of their way to support AB 288. If these Democrats really were pro-Constitution and anti-crime, this bill would've passed over Bernie's objections. In most Western states, there's not much controversy to the Castle Doctrine. The text of AB 288 was, actually, pretty tame and very limited when compared with the language of similar laws in other states.

There have been several home invasions in my own neighborhood. Not having a Castle Doctrine is simply ahome invaderprotection act. Las Vegas Metro, while being a top notch police force, only arrives in time to put up the crime scene tape. Then, the case gets put in a cardboard box, given other more pressing crimes,and left there until it's eventually burnedas trashyears later.

Maybe I'm a cynic, but I see these tactics as just a way to split the pro-Second Amendment voting block and neutraize it so the Democratic leadershipcan pass their true agenda. I'm just not convinced that they learned their lesson from their defeats after the1994 Clinton Gun Ban, especially after the parade in the media over the past week.

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To quote a Democrat phrase, "I feel your pain." And I cannot totally disagree with you.

Obviously, Nevada's Democrats didn''t get ol' Bernie to change his mind and allow a hearing for AB-288.

But keep in mind, the only thing they could do was try to persuade Bernie into allowing a hearing. They could NOT "pass the bill over Bernie's objections." How hard did the Democrat assemblymen try to persuade Bernie? I don't know, but we sure did urge them to do so.

Bernie Andersonbears primary responsibility for killing AB-288. I am 100% convinced that Bernie shirked his duty. He ignored his constituents, his colleagues, and the people of Nevada.

Next, however, is your statement:

Not having a Castle Doctrine is simply ahome invaderprotection act.

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That statement is perhaps not technically correct. See existing law NRS 41.095 at http://www.leg.state.nv.us/NRS/NRS-041.html#NRS041Sec130 Quote:

NRS 41.095 Presumption that person using deadly force against intruder in his residence has reasonable fear of death or bodily injury; “residence” defined.

1. For the purposes of NRS 41.085 and 41.130, any person who uses, while lawfully in his residence or in transient lodging, force which is intended or likely to cause death or bodily injury is presumed to have had a reasonable fear of imminent death or bodily injury to himself or another person lawfully in the residence or transient lodging if the force is used against a person who is committing burglary or invasion of the home and the person using the force knew or had reason to believe that burglary or invasion of the home was being committed. An action to recover damages for personal injuries to or the wrongful death of the person who committed burglary or invasion of the home may not be maintained against the person who used such force unless the presumption is overcome by clear and convincing evidence to the contrary.

2. As used in this section, “residence” means any house, room, apartment, tenement or other building, vehicle, vehicle trailer, semitrailer, house trailer or boat designed or intended for occupancy as a residence.

(Added to NRS by 1989, 1798)

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AB-288 sure would have greatly improved existing law. But existing law doesn't doesn't totally leave you defenseless in your residence.
And finally, I agree with your comment:

...not convinced that they learned their lesson from their defeats after the1994 Clinton Gun Ban

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That said, I sure hope EVERYONE will continue to email, write, fax, and/or call Asm Anderson, Buckley, Oceguera, and ALL legislators. Let them know how displeased you are with Bernie.