Elko sheriff seeks support for joining Red Flag lawsuit
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Elko sheriff seeks support for joining Red Flag lawsuit

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ELKO – Sheriff Aitor Narvaiza is asking opponents of Nevada’s new “red flag” gun law to attend this week’s county commission meeting, where he will be asking the county to join a lawsuit against it.

“I feel these Red Flag laws are unconstitutional and they affect every law-abiding person In Elko County and state of Nevada,” Narvaiza said on his office’s Facebook site. “The red flag laws deal with the confiscation of our rights. We will be the only county to my knowledge that will lead the way for other counties to join and support us.”

A citizen’s organization called NevadaCAN filed a lawsuit in December to prevent AB291 from becoming law on Jan. 1.

The Elko County Commission’s Feb. 5 agenda calls for commissioner to discuss and consider authorizing the county “to intervene, file an amicus brief or take other action in … NevadaCAN vs. Steve Sisolak, Governor.”

The lawsuit challenges the constitutionality of AB 291, and specifically alleges that the law violates the Second Amendment of the U.S. Constitution and Section 11 of the Nevada Constitution.

“In general, a red flag law is a gun control law that permits law enforcement or family members to petition a court to order the temporary removal of firearms from a person who may present a danger to others or themselves. A judge makes the determination to issue the order,” the county explains on its agenda.

Commissioners meet at 1:30 p.m. Wednesday in the Nannini Administration Building, Suite 102, 540 Court St.

“Let’s take these politicians on and show that we will not back down without a fight,” Narvaiza said. “So please show up at the commissioners meeting. Write letters and call them with support …”

After the sheriff posted his announcement on Thursday, The Ely Times reported Saturday that White Pine County Commissioners unanimously approved a similar resolution at the request of their sheriff, Scott Henriod.

“It shouldn’t just be a hearsay that’s brought before a judge and then an order signed and then expecting law enforcement to enforce that,” Henriod told commissioners. “Every person should have a right to go in and defend themselves and face their accusers, and that is in our constitution of the United States.”

Eureka County Sheriff Jesse Watts has also vowed to fight the governor on the new law “until there is no fight left in me,” The Nevada Independent reported in January.

NevadaCAN has started a GoFundMe campaign to help pay for the lawsuit, which has yet to be heard in Carson City District Court.

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