AMGOA Staff
Pennsylvania


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A nonprofit conservative group has filed a lawsuit seeking to block implementation of Nevada's newly adopted "red flag" law before it takes effect next year.

The lawsuit was filed Thursday in Carson City District Court by NevadansCAN, a self-described "non-profit citizens action network" based in Henderson and led by Mary Rooney, a former Republican state Assembly candidate and a conservative activist. Attorneys representing the group are Alan Lefebvre and William Schuller of the Kolesar & Leatham law firm.

In a news release, Rooney and fellow plaintiff on the lawsuit Julie Chen Hereford called the law; which allows law enforcement and family members to petition a court to temporarily seize a person's firearms; a "government power grab." In addition to due process concerns, they also cited the Nevada Supreme Court's recent decision to require jury trials in misdemeanor domestic violence cases (made because of state laws requiring gun confiscation in those circumstances) meant that the "red flag" law was unconstitutional because the decision to seize a person’s firearms came from an individual judge and not a jury.

"A person accused of being a danger may not even be aware of the court action against him, and his guns can be forcibly taken by law enforcement and his premises searched," Rooney said in a statement. "Due process never enters into it."

https://thenevadaindependent.com/article/lawsuit-filed-to-block-nevadas-red-flag-law