Permission not Required: “Constitutional Carry” Bill Filed in Nevada

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A “Constitutional Carry” bill filed for the 2019 legislative session would make it legal for Nevada residents to carry a firearm without a license, fostering an environment hostile to federal gun control.

Rep. Jim Wheeler (R-39) introduced Assembly Bill 437 (AB437) on March 25. Under the proposed law, anyone who is legally allowed to own a gun could carry it concealed without a state-issued license. Currently, anyone in Nevada who wants to conceal carry must be 21 or older and take an eight-hour course approved by the county sheriff.

Under the proposed law, Nevada resident would still be able to obtain permits in order to carry a concealed firearm in states that CCDW reciprocity with Nevada.

EFFECT ON FEDERAL GUN CONTROL

While permitless carry bills do not directly affect federal gun control, the widespread passage of permitless conceal carry laws in states subtly undermines federal efforts to regulate guns. As we’ve seen with marijuana and industrial hemp, a federal regulation becomes ineffective when states ignore it and pass laws encouraging the prohibited activity anyway.

The federal government lacks the enforcement power necessary to maintain its ban, and people will willingly take on the small risk of federal sanctions if they know the state will not interfere. This increases when the state actively encourages “the market.”

Less restrictive state gun laws will likely have a similar impact on federal gun laws. It will make it that much more difficult for the feds to enforce any future federal gun control, and increase the likelihood that states with few limits will simply refuse to cooperate with federal enforcement efforts.

State actions such as passing AB437 would lower barriers for those wanting to the option of defending themselves with firearms and encourages a “gun-friendly” environment that would make federal efforts to limit firearms that much more difficult.

WHAT’S NEXT

AB437 has been referred to the Assembly Committee on Judiciary, where it must pass by a majority vote before moving forward in the legislative process.

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