varminter22
Regular Member
Assembly Bill 282 In Conference Committee
Take Action Now!
May 30, 2011
Plagiarizing three bills that were introduced much earlier, Assembly Speaker John Oceguera’s (D-#16) Assembly Bill 282 seeks to:
(1) ensure that Concealed Carry Weapons (CCW) permit holders’ names and addresses remain confidential*1;
(2) revise Nevada state law to allow the carrying of any semi-automatic pistol, like you can with a revolver, once you have qualified with a semi-automatic pistol*2;
(3) allow carrying of firearms in Nevada state parks*3; and
(4) statutorily mandate a background investigation (which is currently being done by all Nevada sheriffs) for CCW permit renewals for the purpose of reinstating the NICS exemption for Nevada, thus ensuring that permit holders do not have to go through a point-of-contact check for every firearm purchased, as long as the permit is valid*4.
This four-point omnibus bill addresses issues that are very important to Nevadans. So, what is the problem? The problem is two-fold:
(1) As amended and passed by the Assembly, AB-282 contains language that removes the current $25 fee cap on renewal applications and will give the sheriffs carte blanche to use creative cost accounting methods and charge fees in any amount they desire!*5 The NSCA has said this will likely result in fee increases – which will not be uniform throughout the state. Also note the NSCA has said they are not seeking fee increases in 2011. So, who is? The Speaker is not saying. All attempts to discuss with him have been met by extreme resistance.
(2) As amended and passed by the Assembly, AB-282 contains language that will mandate fingerprints for renewal applications. Yes, we all know we are currently being charged for renewal application fingerprints. But current Nevada law does not require nor authorize it! Renewal fingerprints are being ‘required’ (perhaps unlawfully) by the NSCA*6 under the false premise it must be done in order for our permits to qualify for the NICS exemption. In accordance with the Federal statute (18 U.S.C. § 922(t)) and regulation (27 C.F.R. § 478.102(d)), fingerprints are NOT required. Indeed, many states do not require fingerprints and continue to enjoy the NICS exemption! As only one example, Kansas just this year repealed their fingerprint check for renewals AND was recently awarded the NICS exemption.
In the Senate, at Stillwater Firearms Association’s (and Gun Owners of America’s) request, Senator Elizabeth Halseth (R-Clark #9) brought forth an amendment to reinsert the $25 fee cap. As so amended, the bill passed the Senate unanimously!
The Assembly did not concur with the Senate’s amended bill. And the Senate did not recede from its amended version.
AB-282 is now in the hands of a Conference Committee – three members from each house – to attempt to resolve the differences. The Conferrees:
Senators:
Mike McGinness (R-Central NV Dist) (Senate Minority Leader)
mmcginness@sen.state.nv.us
775-684-1442
Allison Copening (D-Clark #6) (Vice Chair, Senate Judiciary Committee)
acopening@sen.state.nv.us
775-684-1475
Ruben Kihuen (D-Clark #10) (Member, Senate Judiciary Committee)
rkihuen@sen.state.nv.us
775-684-1427
Assemblymen:
John Oceguera (D-#16) (Speaker of the Assembly)
joceguera@asm.state.nv.us
775-684-8595
Pete Goicoechea (R-#35) (Assembly Minority Leader)
pgoicoechea@asm.state.nv.us
775-684-8573
William Horne (D-#34) (Chair, Assembly Judiciary Committee)
whorne@asm.state.nv.us
775-684-8847
Please call/email the above conferees urging them to adopt the Senate version of AB-282 and remove the fingerprint mandate on renewal applications.
Time is of essence. The 2011 Legislature will end June 6. Things are moving fast.
--------------------------------------------------------------------------------
*1 CCW Confidentiality is a provision of Assemblyman David Bobzien’s (D-#24) AB-143 which passed both houses and is currently awaiting the Governor’s signature. Was also the intent of Senator Don Gustavson’s (R-Washoe #2) SB-175 which passed the Senate but died in the Assembly Judiciary Committee chaired by Assemblyman William Horne (D-#34).
*2 “Any semi-auto” is a provision of Assemblyman David Bobzien’s (D-#24) AB-143 which passed both houses and is currently awaiting the Governor’s signature. Also the intent of Senator James Settelmeyer’s (R-Capital Dist) SB-126 which passed the Senate and received a “do pass” recommendation from the Assembly Judiciary Committee.
*3 Carry in state parks was the intent of Assemblyman Ed Goedhart’s (R-#36) AB-185 which died in Assemblyman William Horne’s (D-#34) Assembly Judiciary Committee without even being heard.
*4 Restoral of NICS exemption was the intent of Senator Don Gustavson’s (R-Washoe #2) SB-279 which passed the Senate but died in the Assembly Judiciary Committee chaired by Assemblyman William Horne (D-#34) without even being heard.
*5 Reminiscent of AB-21 of 2007, which was introduced by the Nevada Sheriffs and Chiefs Association, a non-profit corporation. AB-21 sought to increase the sheriffs CCW permit application fees from $60 initial and $25 renewal to $125 for both! Credible evidence was provided the fee increase was not necessary and the bill did not pass out of committee.
*6 According to one representative with the Nevada Sheriffs and Chiefs Association, even if fingerprints are not required in order to qualify for the NICS exemption, the NSCA will continue to insist that a fingerprint check be conducted (in spite of no requirement nor authorization to do so), and the NSCA representative called any state that doesn’t do a fingerprint card on renewals “reckless and incompetent.” If this sentiment is shared by all Nevada law enforcement agencies, that would make them worse than California, whose own issuing agencies do not require fingerprint checks on renewals – and California is not a “shall-issue” state.
Take Action Now!
May 30, 2011
Plagiarizing three bills that were introduced much earlier, Assembly Speaker John Oceguera’s (D-#16) Assembly Bill 282 seeks to:
(1) ensure that Concealed Carry Weapons (CCW) permit holders’ names and addresses remain confidential*1;
(2) revise Nevada state law to allow the carrying of any semi-automatic pistol, like you can with a revolver, once you have qualified with a semi-automatic pistol*2;
(3) allow carrying of firearms in Nevada state parks*3; and
(4) statutorily mandate a background investigation (which is currently being done by all Nevada sheriffs) for CCW permit renewals for the purpose of reinstating the NICS exemption for Nevada, thus ensuring that permit holders do not have to go through a point-of-contact check for every firearm purchased, as long as the permit is valid*4.
This four-point omnibus bill addresses issues that are very important to Nevadans. So, what is the problem? The problem is two-fold:
(1) As amended and passed by the Assembly, AB-282 contains language that removes the current $25 fee cap on renewal applications and will give the sheriffs carte blanche to use creative cost accounting methods and charge fees in any amount they desire!*5 The NSCA has said this will likely result in fee increases – which will not be uniform throughout the state. Also note the NSCA has said they are not seeking fee increases in 2011. So, who is? The Speaker is not saying. All attempts to discuss with him have been met by extreme resistance.
(2) As amended and passed by the Assembly, AB-282 contains language that will mandate fingerprints for renewal applications. Yes, we all know we are currently being charged for renewal application fingerprints. But current Nevada law does not require nor authorize it! Renewal fingerprints are being ‘required’ (perhaps unlawfully) by the NSCA*6 under the false premise it must be done in order for our permits to qualify for the NICS exemption. In accordance with the Federal statute (18 U.S.C. § 922(t)) and regulation (27 C.F.R. § 478.102(d)), fingerprints are NOT required. Indeed, many states do not require fingerprints and continue to enjoy the NICS exemption! As only one example, Kansas just this year repealed their fingerprint check for renewals AND was recently awarded the NICS exemption.
In the Senate, at Stillwater Firearms Association’s (and Gun Owners of America’s) request, Senator Elizabeth Halseth (R-Clark #9) brought forth an amendment to reinsert the $25 fee cap. As so amended, the bill passed the Senate unanimously!
The Assembly did not concur with the Senate’s amended bill. And the Senate did not recede from its amended version.
AB-282 is now in the hands of a Conference Committee – three members from each house – to attempt to resolve the differences. The Conferrees:
Senators:
Mike McGinness (R-Central NV Dist) (Senate Minority Leader)
mmcginness@sen.state.nv.us
775-684-1442
Allison Copening (D-Clark #6) (Vice Chair, Senate Judiciary Committee)
acopening@sen.state.nv.us
775-684-1475
Ruben Kihuen (D-Clark #10) (Member, Senate Judiciary Committee)
rkihuen@sen.state.nv.us
775-684-1427
Assemblymen:
John Oceguera (D-#16) (Speaker of the Assembly)
joceguera@asm.state.nv.us
775-684-8595
Pete Goicoechea (R-#35) (Assembly Minority Leader)
pgoicoechea@asm.state.nv.us
775-684-8573
William Horne (D-#34) (Chair, Assembly Judiciary Committee)
whorne@asm.state.nv.us
775-684-8847
Please call/email the above conferees urging them to adopt the Senate version of AB-282 and remove the fingerprint mandate on renewal applications.
Time is of essence. The 2011 Legislature will end June 6. Things are moving fast.
--------------------------------------------------------------------------------
*1 CCW Confidentiality is a provision of Assemblyman David Bobzien’s (D-#24) AB-143 which passed both houses and is currently awaiting the Governor’s signature. Was also the intent of Senator Don Gustavson’s (R-Washoe #2) SB-175 which passed the Senate but died in the Assembly Judiciary Committee chaired by Assemblyman William Horne (D-#34).
*2 “Any semi-auto” is a provision of Assemblyman David Bobzien’s (D-#24) AB-143 which passed both houses and is currently awaiting the Governor’s signature. Also the intent of Senator James Settelmeyer’s (R-Capital Dist) SB-126 which passed the Senate and received a “do pass” recommendation from the Assembly Judiciary Committee.
*3 Carry in state parks was the intent of Assemblyman Ed Goedhart’s (R-#36) AB-185 which died in Assemblyman William Horne’s (D-#34) Assembly Judiciary Committee without even being heard.
*4 Restoral of NICS exemption was the intent of Senator Don Gustavson’s (R-Washoe #2) SB-279 which passed the Senate but died in the Assembly Judiciary Committee chaired by Assemblyman William Horne (D-#34) without even being heard.
*5 Reminiscent of AB-21 of 2007, which was introduced by the Nevada Sheriffs and Chiefs Association, a non-profit corporation. AB-21 sought to increase the sheriffs CCW permit application fees from $60 initial and $25 renewal to $125 for both! Credible evidence was provided the fee increase was not necessary and the bill did not pass out of committee.
*6 According to one representative with the Nevada Sheriffs and Chiefs Association, even if fingerprints are not required in order to qualify for the NICS exemption, the NSCA will continue to insist that a fingerprint check be conducted (in spite of no requirement nor authorization to do so), and the NSCA representative called any state that doesn’t do a fingerprint card on renewals “reckless and incompetent.” If this sentiment is shared by all Nevada law enforcement agencies, that would make them worse than California, whose own issuing agencies do not require fingerprint checks on renewals – and California is not a “shall-issue” state.