Nevada SB 378 An Act relating to crimes; enacting the Nevada Liberty Preservation Act; providing penalties; and providing other; and providing other matters properly relating thereto was jointly sponsored and introduced by Assemblymen Gustavson, EllisonWheelerFioreDuncan, and co-sponsored by 11 other members on March 18, 2013, and sent to the Judiciary Committee.

The President of the United States has asserted that the Authorization for the Use of Military Force, Public Law 107-40, Stat. 224, enacted in 2001, authorizes the President to indefinitely detain, without charge, any person, including a citizen of the United States or a lawful resident alien, regardless of whether the person is apprehended inside or outside the borders of the United States.   Sections 1021 and 1022 of the National Defense
28 Authorization Act authorize:

(a) The indefinite detention, without charge or trial, of persons  apprehended within the United States;
(b) The prosecution by military tribunals under the law of war of persons apprehended within the United States;     
(c) The transfer to foreign jurisdictions of persons apprehended within the United States. 

Sec. 5  1. It is unlawful to:

(a) Implement or enforce or attempt to implement or enforce section 1021 or 1022 of the National Defense Authorization Act in this State; or

(b) Comply with any other statute, rule, regulation or order that has the effect of implementing or enforcing section 1021 or 1022 of the National Defense Authorization Act in this State.

2. An officer, agent or employee of the United States or an employee of a corporation providing services to the United States who violates subsection 1 is guilty of a category D felony and shall  be punished by imprisonment in the state prison for a minimum  term of not less than 1 year and a maximum term of not more than 4 years, or by a fine of not more than $10,000, or by both fine and imprisonment. 

3. A public officer or employee of this State who violates subsection 1 is guilty of a category E felony and shall be punished  by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years, or by a fine of not more than $5,000, or by both fine and  imprisonment.

The Nevada Chapters of PANDA (People Against the National Defense Authorization Act, the NDAA) have said that “Passage of the Nevada Liberty Preservation Act will demonstrate the Legislature’s commitment to Constitutional Law and Individual Liberty by restoring the right to due process to all persons in Nevada.  PANDA, a national, nonpartisan, grass roots organization, founded in January 2012, is committed to the nullification of the NDAA’s unconstitutional authorizations at the state and local levels of government.  PANDA started in Bowling Green, OH and has since expanded to 30+ states with over 90 chapters nationwide.

Christopher Corbett, Nevada State Coordinator for PANDA said, “I appreciate the community support backing up our efforts and the courage of those members of our governing bodies who are willing to actively protect the constitutional rights of their constituents. We need to restore the Constitutionally protected right to due process for every American.”


1.  Contact the Chairman of the Judiciary Committee. Urge him to schedule a hearing immediately for SB 378 nd to vote YES on this legislation.

Senator Tick Segerblom, 775-684-1422,

2.  Contact all the other Members of the Judiciary Committee.  Advise them that you would like them to vote YES on SB 378

 Contact information for Judiciary Committee Members here.

Linda McDonald

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