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AB 291 passes, protesters say 'accusations are not due process'

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LAS VEGAS (KTNV) — Democrats in the Nevada Senate have approved a bill to let authorities confiscate guns from individuals who pose danger to themselves or others.

The firearm bill includes a "red flag" proposal that allows police or family members to seek a court order to take guns away from those who demonstrate to be a threat or danger to themselves or others.

Gun owners and opponents in Las Vegas agree they want to end gun violence, but do not see eye to eye when it comes to the omnibus firearm bill.

RELATED: Nevada 'red flag' gun bill passes state Senate

"If you keep your mouth shut, you don't tell any body your intentions, and your behavior is normal as anyone else. How is the law going to stop anyone?" said Cody Cunningham.

Several protesters told 13 Action News, AB291 eliminates the due process which they claim makes the person guilty first.

"Some makes an accusation against you have the right to face your accuser in a proper setting and those persons accusing you have to make a case against you and prove your guilt," said Trebion Wilson.

RELATED: Controversy surrounds Nevada gun bill revived with major changes

In more than a dozen other states, the new law is known as the red flag law. Protesters in Las Vegas also said AB291 directly goes against the Second Amendment.

"I just think this is a very dangerous precedent when the government write its own, basically warrants, to come confiscate your property without due process" said Dephane Lee,

"You're not going to stop an individual from getting a gun no matter how many laws you put up," said Stephen Sedlemeyer.

Teresa Crawfords, a volunteer with Moms Demand Action told 13 Action News, family members are the ones to often spot signs of trouble.

"Most of the time it's really family members who are very concerned that somebody within their family's circle is threatening to harm themselves or others," said Crawford.

Crawfords believes the law could save lives.

"The idea is not we take your guns away and walk away. It's [about] leading to treatment," said Crawford.

AB291 doesn't require the threats to reach a level that requires a person to be hospitalized because of threatening behavior.