Can the Nevada governor ban open and concealed carry by emergency fiat like the New Mexico governor?
No. In the aftermath of Hurricane Katrina where gun confiscation actually happened, Congress and many of the states rushed to pass legislation limiting emergency powers. COVID showed us that emergency powers given to state governors all them to become actual dictators and many of the feckless legislators allow them to wield those powers without complaint.
So in the case of New Mexico, the leftist Democratic Governor Michelle Lujan banned the open and concealed carry of firearms for 30 days in Albuquerque (calling them “privileges”) due to a bunch of murders in that town. She basically acknowledged it was symbolic and both the county sheriff and the police chief made wishy-washy statements that they wouldn’t really be enforcing it.
Not only does this order fly in the face of the New Mexico state constitution and the US Constitution, especially the Bruen precedent, it’s unconscionable. It can only be pandering to the left’s political base and a trial balloon to see what far-left governors can get away with. That being said, let’s look at Nevada.
NRS 414.155 Limitations on emergency powers relating to firearms. Pursuant to Amendment II of the Constitution of the United States and Section 11 of Article 1 of the Constitution of the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow:
So no, not even anti-gun Sisolak could do anything about guns in a state of emergency. You may recall places like Bass Pro Shops being unable to sell sporting goods equipment during the shutdown but the gun counter being open (though empty).
Finally, your rights to self-defense and to bear arms are inalienable and cannot be taken away by an emergency order. All you have to do is not get caught, which can be a little tricky, but as they say about those folks in Maui, “only those who disobeyed survived.”
Clayton E. Cramer
Gun Free Zone
The War on Guns
The View From Out West