Assembly Bill No. 166–Assemblymen Hettrick, Cegavske, Nolan, Brower, Berman, Gustavson, Beers, Humke, Carpenter, Tiffany, Von Tobel, Angle, Lee, Gibbons, Chowning, Manendo, Ohrenschall, Collins, Koivisto, Parks, Arberry, Williams, Buckley, Freeman, Mortenson, Perkins, Price, Anderson, Goldwater, Leslie, Dini, Evans, McClain, de Braga, Marvel, Thomas, Neighbors, Segerblom, Parnell and Claborn
February 9, 1999
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Referred to Committee on Judiciary
SUMMARY—Revises provisions governing weapons. (BDR 15-351)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 202 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2, 3 and 4 of this act.1-3
Sec. 2. 1. To obtain approval from a sheriff to carry a firearm, an1-4
applicant for a permit must present to the sheriff a certificate or other1-5
documentation that:1-6
(a) Identifies the make, model and caliber of the firearm for which1-7
approval is sought;2-1
(b) Is issued by an instructor of a course in firearm safety which is2-2
approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of2-3
subsection 2 of NRS 202.3657 or which is offered by a federal, state or2-4
local law enforcement agency, community college, university or national2-5
organization that certifies instructors in firearm safety; and2-6
(c) Indicates that the applicant has demonstrated competence in the2-7
use of the firearm.2-8
2. A permittee may seek approval from the sheriff to carry a firearm2-9
for which approval was not sought in his application. To obtain approval2-10
from a sheriff for an additional firearm, the permittee must present to the2-11
sheriff a certificate or other documentation that:2-12
(a) Identifies the make, model and caliber of the firearm for which2-13
approval is sought;2-14
(b) Is issued by an instructor of a course in firearm safety which is2-15
approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of2-16
subsection 2 of NRS 202.3657 or which is offered by a federal, state or2-17
local law enforcement agency, community college, university or national2-18
organization that certifies instructors in firearm safety; and2-19
(c) Indicates that the permittee has demonstrated competence in the2-20
use of the firearm.2-21
3. If a sheriff approves a firearm pursuant to this section, the sheriff2-22
shall forward the information provided in subsection 1 or 2 to the central2-23
repository for Nevada records of criminal history. Any information2-24
forwarded to the central repository for Nevada records of criminal2-25
history pursuant to this subsection must be maintained in accordance2-26
with the provisions governing confidentiality set forth in NRS 202.3662.2-27
Sec. 3. 1. A person who is not a resident of this state and who2-28
possesses a permit to carry a concealed firearm that was issued by2-29
another state whose requirements for the issuance of that permit are2-30
substantially similar to the requirements set forth in NRS 202.3653 to2-31
202.369, inclusive, may carry a concealed firearm in this state in2-32
accordance with the requirements set forth in this section.2-33
2. Except as otherwise provided in subsection 3, a person who is2-34
authorized to carry a concealed firearm pursuant to subsection 1 and2-35
who wishes to carry a concealed firearm in this state must:2-36
(a) Report to the sheriff of the county in which he is present;2-37
(b) Obtain from the sheriff a sticker to be affixed to his permit to carry2-38
a concealed firearm and a printed copy of the provisions of NRS2-39
202.3653 to 202.369, inclusive; and2-40
(c) Pay to the sheriff a fee equal to the cost of providing the sticker2-41
and the printed copy of the provisions of NRS 202.3653 to 202.369,2-42
inclusive.3-1
3. A person is not required to comply with the provisions of3-2
subsection 2 if the person:3-3
(a) Is present in this state for a period of less than 72 hours; or3-4
(b) Previously obtained a sticker and a printed copy of the provisions3-5
of NRS 202.3653 to 202.369, inclusive, pursuant to subsection 2 and has3-6
in his possession a valid permit to carry a concealed firearm that has the3-7
sticker affixed to the permit.3-8
4. A person who carries a concealed firearm pursuant to this section3-9
is subject to the same legal restrictions and requirements imposed upon a3-10
person who has been issued a permit to carry a concealed firearm by a3-11
sheriff in this state.3-12
Sec. 4. 1. The Nevada Sheriffs and Chiefs Association shall, not3-13
later than July 1 of each year:3-14
(a) Examine the requirements for the issuance of a permit to carry a3-15
concealed firearm in each state and determine whether the requirements3-16
of each state are substantially similar to the requirements set forth in3-17
NRS 202.3653 to 202.369, inclusive;3-18
(b) Prepare a list that includes each state whose requirements for the3-19
issuance of a permit to carry a concealed firearm are substantially3-20
similar to the requirements set forth in NRS 202.3653 to 202.369,3-21
inclusive; and3-22
(c) Provide a copy of the list prepared pursuant to paragraph (b) to3-23
each law enforcement agency in this state.3-24
2. The Nevada Sheriffs and Chiefs Association shall, upon request,3-25
make the list prepared pursuant to subsection 1 available to the general3-26
public.3-27
3. If the Nevada Sheriffs and Chiefs Association ceases to exist, its3-28
legal successor shall perform the duties set forth in this section. If the3-29
legal successor to the Nevada Sheriffs and Chiefs Association ceases to3-30
exist or if there is no legal successor to the Nevada Sheriffs and Chiefs3-31
Association, the department shall perform the duties set forth in this3-32
section.3-33
Sec. 5. NRS 202.3653 is hereby amended to read as follows: 202.3653 As used in NRS 202.3653 to 202.369, inclusive,3-35
section 1 of3-36
3 and 4 of this act, unless the context otherwise requires:3-37
1. "Concealed firearm" means a loaded or unloaded pistol, revolver or3-38
other firearm which is carried upon a person in such a manner as not to be3-39
discernible by ordinary observation.3-40
2. "Department" means the department of motor vehicles and public3-41
safety.3-42
3. "Permit" means a permit to carry a concealed firearm issued3-43
pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.4-1
Sec. 6. NRS 202.3657 is hereby amended to read as follows: 202.3657 1. Any person may apply to the sheriff of the county in4-3
which he resides for a permit on a form prescribed by regulation of the4-4
department. Application forms for permits must be furnished by the sheriff4-5
of each county upon request.4-6
2. Except as otherwise provided in this section, the sheriff shall issue a4-7
permit4-8
qualified to possess a firearm under state and federal law, who submits an4-9
application in accordance with the provisions of this section and who:4-10
(a) Is a resident of this state;4-11
(b) Is 21 years of age or older;4-12
(c) Is not prohibited from possessing a firearm pursuant to NRS4-13
202.360; and4-14
(d) Demonstrates competence with a firearm by presenting a certificate4-15
or other documentation to the sheriff which shows that he:4-16
(1) Successfully completed a course in firearm safety approved by a4-17
sheriff in this state; or4-18
(2) Successfully completed a course in firearm safety offered by a4-19
federal, state or local law enforcement agency, community college,4-20
university or national organization that certifies instructors in firearm4-21
safety.4-22
Such a course must include instruction in the use of4-23
4-24
the4-25
safety pursuant to subparagraph (1) unless he determines that the course4-26
meets any standards that are established by the Nevada Sheriffs and Chiefs4-27
Association, or if the Nevada Sheriffs and Chiefs Association ceases to4-28
exist, its legal successor.4-29
3. A permit issued by a sheriff pursuant to subsection 2 allows a4-30
permittee to carry any firearm that the permittee has been approved to4-31
carry by the sheriff pursuant to section 2 of this act.4-32
4. The sheriff shall deny an application or revoke a permit if he4-33
determines that the applicant or permittee:4-34
(a) Has an outstanding warrant for his arrest.4-35
(b) Has been judicially declared incompetent or insane.4-36
(c) Has been voluntarily or involuntarily admitted to a mental health4-37
facility during the immediately preceding 5 years.4-38
(d) Has habitually used intoxicating liquor or a controlled substance to4-39
the extent that his normal faculties are impaired. For the purposes of this4-40
paragraph, it is presumed that a person has so used intoxicating liquor or a4-41
controlled substance if, during the immediately preceding 5 years, he has4-42
been:5-1
(1) Convicted of violating the provisions of NRS 484.379; or5-2
(2) Committed for treatment pursuant to NRS 458.290 to 458.350,5-3
inclusive.5-4
(e) Has been convicted of a crime involving the use or threatened use of5-5
force or violence punishable as a misdemeanor under the laws of this or any5-6
other state, or a territory or possession of the United States at any time5-7
during the immediately preceding5-8
(f) Has been convicted of a felony in this state or under the laws of any5-9
state, territory or possession of the United States.5-10
(g) Has been convicted of a crime involving domestic violence or5-11
stalking, or is currently subject to a restraining order, injunction or other5-12
order for protection against domestic violence.5-13
(h) Is currently on parole or probation from a conviction obtained in this5-14
state or in any other state or territory or possession of the United States.5-15
(i) Has, within the immediately preceding 5 years, been subject to any5-16
requirements imposed by a court of this state or of any other state or5-17
territory or possession of the United States, as a condition to the court’s:5-18
(1) Withholding of the entry of judgment for his conviction of a5-19
felony; or5-20
(2) Suspension of his sentence for the conviction of a felony.5-21
(j) Has made a false statement on any application for a permit or for the5-22
renewal of a permit.5-23
5-24
receives a sworn affidavit stating articulable facts based upon personal5-25
knowledge from any natural person who is 18 years of age or older that the5-26
applicant or permittee has or may have committed an offense or engaged in5-27
any other activity specified in subsection5-28
issuance of a permit to the applicant or require the revocation of a permit5-29
pursuant to this section.5-30
5-31
enforcement agency of this or any other state, the United States or a5-32
territory or possession of the United States that a permittee or an applicant5-33
for a permit has been charged with a crime involving the use or threatened5-34
use of force or violence, the conviction for which would require the5-35
revocation of a permit or preclude the issuance of a permit to the applicant5-36
pursuant to this section, the sheriff shall suspend the person’s permit or the5-37
processing of his application until the final disposition of the charges5-38
against him. If a permittee is acquitted of the charges against him, or if the5-39
charges are dropped, the sheriff shall restore his permit without imposing a5-40
fee.6-1
6-2
completed and signed under oath by the applicant. The applicant’s6-3
signature must be witnessed by an employee of the sheriff or notarized by a6-4
notary public. The application must include:6-5
(a) The name, address, place and date of birth, social security number,6-6
occupation and employer of the applicant and any other names used by the6-7
applicant;6-8
(b) A complete set of the applicant’s fingerprints taken by the sheriff or6-9
his agent;6-10
(c) A front-view colored photograph of the applicant taken by the sheriff6-11
or his agent;6-12
(d) The applicant’s driver’s license number or identification card6-13
number issued by the department;6-14
(e) The make, model and caliber of each firearm6-15
6-16
carry;6-17
(f) For each firearm described in paragraph (e), a certificate or other6-18
documentation that complies with the requirements of subsection 1 of6-19
section 2 of this act;6-20
(g) A nonrefundable fee in the amount necessary to obtain the report6-21
required pursuant to subsection 1 of NRS 202.366; and6-22
6-23
Sec. 7. NRS 202.366 is hereby amended to read as follows: 202.366 1. Upon receipt by a sheriff of an application for a permit,6-25
the sheriff shall conduct an investigation of the applicant to determine if he6-26
is eligible for a permit. In conducting the investigation, the sheriff shall6-27
forward a complete set of the applicant’s fingerprints to the6-28
6-29
records of criminal history and the Federal Bureau of Investigation for a6-30
report concerning the criminal history of the applicant. The sheriff shall6-31
issue a permit to the applicant unless he is not qualified to possess a6-32
handgun under state or federal law or is not otherwise qualified to obtain a6-33
permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations6-34
adopted pursuant thereto.6-35
2. To assist the sheriff in conducting his investigation, any local law6-36
enforcement agency, including the sheriff of any county, may voluntarily6-37
submit to the sheriff a report or other information concerning the criminal6-38
history of an applicant.6-39
3. Within 120 days after a complete application for a permit is6-40
submitted, the sheriff to whom the application is submitted shall grant or6-41
deny the application. If the application is denied, the sheriff shall send the6-42
applicant written notification setting forth the reasons for the denial. If the7-1
application is granted, the sheriff shall provide the applicant with a permit7-2
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7-10
7-11
7-12
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(a) Includes a color photograph of the applicant;7-17
(b) Contains any information that is required by the department or by7-18
an ordinance of the county in which the permit is issued;7-19
(c) Prominently displays in bold type the phrase "STATE OF7-20
NEVADA CONCEALED FIREARM PERMIT"; and7-21
(d) Does not include the social security number of the applicant.7-22
4. Unless suspended or revoked by the sheriff who issued the permit, a7-23
permit expires on the fifth anniversary of the permittee’s birthday,7-24
measured from the birthday nearest the date of issuance or renewal. If the7-25
date of birth of a permittee is on February 29 in a leap year, for the7-26
purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be7-27
deemed to be on February 28.7-28
Sec. 8. NRS 202.3673 is hereby amended to read as follows: 202.3673 1. Except as otherwise provided in7-30
7-31
7-32
7-33
7-34
7-35
7-36
7-37
7-38
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subsections 2 and 3, a permittee may carry a concealed firearm while he8-14
is on the premises of any public building.8-15
2. A permittee shall not carry a concealed firearm while he is on the8-16
premises of a public building that is located on the property of a public8-17
airport.8-18
3. A permittee shall not carry a concealed firearm while he is on the8-19
premises of:8-20
(a) A public building that is located on the property of a public school8-21
or the property of the University and Community College System of8-22
Nevada, unless the permittee has obtained written permission to carry a8-23
concealed firearm while he is on the premises of the public building8-24
pursuant to paragraph (c) of subsection 3 of NRS 202.265.8-25
(b) A public building that has a metal detector at each public entrance8-26
or a sign posted at each public entrance indicating that no firearms are8-27
allowed in the building, unless the permittee is not prohibited from8-28
carrying a concealed firearm while he is on the premises of the public8-29
building pursuant to subsection 4.8-30
4. The provisions of paragraph (b) of subsection 3 do not prohibit:8-31
(a) A permittee who is a judge from carrying a concealed firearm in8-32
the courthouse or courtroom in which he presides or from authorizing a8-33
permittee to carry a concealed firearm while in the courtroom of the8-34
judge and while traveling to and from the courtroom of the judge.8-35
(b) A permittee who is a prosecuting attorney of an agency or political8-36
subdivision of the United States or of this state from carrying a concealed8-37
firearm while he is on the premises of a public building.8-38
(c) A permittee who is employed in the public building from carrying8-39
a concealed firearm while he is on the premises of the public building.8-40
(d) A permittee from carrying a concealed firearm while he is on the8-41
premises of the public building if the permittee has received written9-1
permission from the person in control of the public building to carry a9-2
concealed firearm while the permittee is on the premises of the public9-3
building.9-4
5. A person who violates subsection 2 or 3 is guilty of a9-5
misdemeanor.9-6
6. As used in this section, "public building" means any building or9-7
office space occupied by:9-8
(a) Any component of the University and Community College System9-9
of Nevada and used for any purpose related to the system; or9-10
(b) The Federal Government, the State of Nevada or any county, city,9-11
school district or other political subdivision of the State of Nevada and9-12
used for any public purpose.9-13
If only part of the building is occupied by an entity described in this9-14
subsection, the term means only that portion of the building which is so9-15
occupied.9-16
Sec. 9. Chapter 286 of NRS is hereby amended by adding thereto a9-17
new section to read as follows:9-18
1. Except as otherwise provided in subsection 2, if a police officer9-19
who has at least 10 years of service retires pursuant to this chapter, he9-20
must be allowed to purchase from his former employer a badge9-21
indicating that he is honorably retired. The former employer shall charge9-22
a police officer who purchases a badge pursuant to this section a fee9-23
equal to the cost of providing the badge.9-24
2. The provisions of this section do not apply to a police officer who9-25
was discharged for cause or who resigned before the final disposition of9-26
allegations of serious misconduct.9-27
Sec. 10. The Nevada Sheriffs and Chiefs Association shall prepare the9-28
initial list required by section 4 of this act and provide a copy of that list to9-29
each law enforcement agency in this state not later than October 1, 1999.9-30
Sec. 11. A person who has a permit to carry a concealed firearm in9-31
this state that was issued before October 1, 1999, and who wishes to carry9-32
any firearm that is not listed on his current permit must:9-33
1. Obtain approval for each such firearm from the sheriff of the county9-34
in which he resides in the manner provided in section 2 of this act;9-35
2. Obtain from the sheriff a new permit that complies with the9-36
provisions of NRS 202.366, as amended by this act; and9-37
3. Pay to the sheriff the fee prescribed for obtaining a duplicate permit9-38
pursuant to NRS 202.367, unless he is renewing his permit pursuant to9-39
NRS 202.3677, in which case he must pay the fee prescribed for renewal of9-40
a permit pursuant to NRS 202.3677.10-1
Sec. 12. The amendatory provisions of section 8 of this act do not10-2
apply to offenses committed before the effective date of that section.10-3
Sec. 13. 1. This section and sections 8 and 12 of this act become10-4
effective upon passage and approval.10-5
2. Sections 1 to 4, inclusive, 6, 7, 9, 10 and 11 of this act become10-6
effective on October 1, 1999.10-7
3. Section 5 of this act becomes effective at 12:01 a.m. on October 1,10-8
1999.~