Saturday, Dec. 10, 2022
Does Joe Lombardo want to repeal Nevada’s red flag law?
Lombardo’s campaign website states his intent to “remove antiquated laws, including Nevada’s Red Flag law.” Under the law, a court can issue a protection order to take away an individual’s firearms or the right to possess a gun if requested by a family member or law enforcement. The individual must receive a timely hearing after the initial order, allowing judges to cancel it or issue an extended order valid for up to a year.
Most states with such laws and available data issue 50 to 100 protection orders annually. A study of California's law found, after three years of implementation, 96.5% of protection requests came from law enforcement and only 3.5% from family members.
Opponents of Nevada’s red flag statute argue state law requires a jury, not a judge, to issue an order to remove a person’s gun rights.
This fact brief is responsive to conversations such as this one.
Sources
- Joe Lombardo for Governor Second Amendment — Joe Lombardo for Governor
- RAND The Effects of Extreme Risk Protection Orders
- UC Davis California’s ‘Red Flag’ Law Utilized for 58 Threatened Mass Shootings
- Las Vegas Sun Some Nevada sheriffs back lawsuit to block red flag gun law
- Nevada Legislature AB291 Text
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