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Friday, November 15, 2024 at 6:46 AM
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Legislative Update: Property and Guns

Legislative Update: Property and Guns

The 81st Legislature has introduced 616 bills to date this session, and two topics that Nevadans are passionate about are getting some attention – property taxes and gun control.

The Senate Revenue and Economic Development (RED) committee chaired by Senator Dina Neal (D) has put forward two bills concerning property taxes. Counties rely on property tax revenues to pay for the services it provides to its residents, and the tax monies collected for the districts must pay for schools, roads, police and fire protection, along with numerous other local government services. When tax revenues increase, more funding becomes available for these services.

The first bill is SB10 which will revise the formula for calculating partial abatement so that the annual cap on increases of the property taxes on certain single-family residences and residential rental property is 3%, but on any other property the partial abatement cannot be less than 3%, or more than 8%. SB64 is a bill that proposes to reduce the rate of depreciation on real property improvements. Under current law, depreciation is calculated at the rate of 1.5% of the cost of the improvement for each year that the improvement has aged, up to a maximum of 50 years. This bill will reduce the future rate of depreciation for an improvement made on real property to 1% percent of the cost of replacement of the improvement for each year after calendar year 2021. The intent is to increase stability in property tax revenues, but both bills would also lead to an increase in tax payments on some properties.

Seven bills have been introduced on the topic of gun control from both the Assembly and the Senate. AB78, sponsored by Assemblyman John Ellison, includes language that will exempt a per- son with a Concealed Carry Permit from a required background check for the sale or transfer of a firearm, which will eliminating duplicate background checks. AB80, sponsored by Assemblyman Gregory Hafen, proposes to authorize a person who holds a CCW to possess a handgun on private or public-school property or child care facility property if the handgun remains concealed on the person or secured in their car. Current regulations make it a violation for a CCW holder to carry a firearm on, or travel through, these properties.

AB144 has 16 Republican sponsors and proposes to revise exceptions with respect to the sale or transfer of a firearm by or to a peace officer. One such exception is that a background check is not required to be conducted for the sale or transfer of a firearm by or to any law enforcement agency. The revisions would remove the requirement that the peace officer be acting within the course and scope of his or her employment and official duties. It would add the requirement that the peace officer be employed by a law enforcement agency in good standing, but does not address an officer who may be suspended with pay.

Assemblyman Tom Roberts has sponsored AB238 which proposes to authorize an active peace officer as having demonstrated competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the peace officer is currently employed by a law enforcement agency, is in good standing, and has completed all training required by the law enforcement agency relating to the use of firearms.

Assemblywoman Sandra Jauregui (D) has sponsored AB286 that will add new provisions to NRS Chapter 202, Crimes Against Public Health and Safety. The bill is proposing a number of unlawful acts which include prohibiting trespass on another person’s property with a firearm and owning, carrying, or transferring a firearm that does not have an imprinted manufacturer’s serial number unless the person is a law enforcement agency or a firearms importer or manufacturer, or the firearm is rendered permanently inoperable or is an antique, collector’s item, curio or relic. Many new definitions and penalties are buried within the bill’s provisions – the full text of which is 12 pages. Republican Assemblywoman Robin Titus wrote, “This hurried and reckless bill hearing today to restrict law abiding trained professionals from carrying CCWs will make our communities less safe. As a trained CCW holder, the wife of a former Sheriff, a medical doctor, a grandmother, and legislator, I hold with absolute conviction that disarming legally and professionally trained citizens is detrimental to our society and we all know the heartbreaking stories of why. This proposal will only deter law abiding citizens from carrying weapons and not criminals making our local society less safe.”

The Senate has two gun control bills up for consideration. Existing Nevada law authorizes a family or household member who reasonably believes that a person poses a risk of causing personal injury by having or purchasing a firearm, to file a protection order against high-risk behavior. SB6 sponsored by the Senate Commit- tee on Judiciary has a number of changes for these circumstances, including a change to “temporary order” instead of “ex parte order”, requiring that any firearm in the possession of the adverse party be surrendered to law enforcement, having the court issue an order for the return of any surrendered firearm when the order is lifted and timetables for holding hearings and returning firearms. The second bill, SB192, is sponsored by Republican Senator James Settlemeyer and offers a person who holds a CCW the choice to have that designation on their driver’s license or identification card issued by the Department of Motor Vehicles. The person would not need to pay a fee to obtain the designation unless a new driver’s license or identification card needed to be issued. The benefit of this bill would be that the permitee may carry only the driver’s license or identification card when the in actual possession of a concealed firearm, in lieu of also carrying their CCW. The permitee may also present their driver’s license or identification card, in lieu of presenting both a permit and proper identification, if requested by a peace officer. Yes, the 81st legislature is very busy with this many bills in flight for one session. How many actually make it into law is always interesting.

 


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