Las Vegas Sun

March 28, 2024

NLV ordinance lets domestic violence offenders keep guns

The city of North Las Vegas approved a controversial ordinance Wednesday that creates a criminal charge for domestic violence offenders that would allow prosecutors to skirt a new state law barring abusers from keeping their firearms.

The decision follows similar ones by Henderson and Las Vegas this week in response to a Nevada Supreme Court decision saying those charged with domestic violence misdemeanors are entitled to a jury trial upon request.

But the North Las Vegas Municipal Court, like the courts in Southern Nevada’s other incorporated cities, isn’t equipped to conduct a jury trial.

The city, which processes an average of 88 misdemeanor domestic violence cases a month, passed the ordinance to sidestep state law altogether. It went through on 5-1 vote, with one member absent. Councilman Isaac Barron was the lone no vote.

Heather Ashley-Henderson, speaking during public comment, told council that as a victim of domestic violence the ordinance frightens her.

“I want you all to understand that this is bigger than his basic human rights to carry a gun,” she said.

City attorneys from all of Southern Nevada’s municipalities conferred with one another on how to address the issue to ensure consistency, officials said.

City officials say the conversation isn’t over and the ordinance is a temporary solution.

The ordinance has the same penalties as a regular misdemeanor domestic violence charge, except those convicted get to keep their firearms.

Council members stressed they were committed to looking into long-term options, such as pressuring the Nevada Legislature into a special session to change it law calling for a jury trial.

“We need a solution that we have time to grow into,” Councilman Scott Black said.