Senate Bill No. 420–Senator Washington

March 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing permits to carry concealed firearms. (BDR 15-1243)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to concealed firearms; authorizing a person who is not a resident of this state to carry concealed firearms in this state under certain circumstances; authorizing the holder of a permit to carry a concealed firearm to carry not more than two concealed firearms of any type; eliminating the requirement that a person must not have been convicted of certain crimes relating to the threat or use of force or violence to obtain a permit to carry a concealed firearm; eliminating the requirement that an applicant include his social security number on his application for a permit to carry a concealed firearm; making other various changes to the provisions governing permits to carry concealed firearms; and providing other matters properly relating thereto.

 

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 thereto a

1-2 new section to read as follows:

1-3 1. A person who is not a resident of this state and who possesses a

1-4 permit to carry a concealed firearm that was issued by another state

1-5 whose requirements for the issuance of that permit are substantially

1-6 similar to the requirements set forth in NRS 202.3653 to 202.369,

1-7 inclusive, may carry not more than two concealed firearms of any type in

1-8 this state.

1-9 2. The department shall, not later than July 1 of each year:

1-10 (a) Examine the requirements for the issuance of a permit to carry a

1-11 concealed firearm in each state and determine whether the requirements

1-12 of each state are substantially similar to the requirements set forth in

1-13 NRS 202.3653 to 202.369, inclusive;

2-1 (b) Prepare a list that includes each state whose requirements for the

2-2 issuance of a permit to carry a concealed firearm are substantially

2-3 similar to the requirements set forth in NRS 202.3653 to 202.369,

2-4 inclusive; and

2-5 (c) Provide a copy of the list prepared pursuant to paragraph (b) to

2-6 each law enforcement agency in this state.

2-7 3. The department shall, upon request, make the list prepared

2-8 pursuant to subsection 2 available to the members of the general public.

2-9 Sec. 2. NRS 202.3653 is hereby amended to read as follows:

2-10 202.3653 As used in NRS 202.3653 to 202.369, inclusive, and section

2-11 1 of this act, unless the context otherwise requires:

2-12 1. "Concealed firearm" means a loaded or unloaded pistol, revolver or

2-13 other firearm which is carried upon a person in such a manner as not to be

2-14 discernible by ordinary observation.

2-15 2. "Department" means the department of motor vehicles and public

2-16 safety.

2-17 3. "Permit" means a permit to carry a concealed firearm issued

2-18 pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

2-19 Sec. 3. NRS 202.3657 is hereby amended to read as follows:

2-20 202.3657 1. Any person may apply to the sheriff of the county in

2-21 which he resides for a permit on a form prescribed by regulation of the

2-22 department. Application forms for permits must be furnished by the sheriff

2-23 of each county upon request.

2-24 2. Except as otherwise provided in this section, the sheriff shall issue a

2-25 permit for [no] not more than two [specific] firearms of any type to any

2-26 person who is qualified to possess a firearm under state and federal law,

2-27 who submits an application in accordance with the provisions of this

2-28 section and who:

2-29 (a) Is a resident of this state;

2-30 (b) Is 21 years of age or older;

2-31 (c) Is not prohibited from possessing a firearm pursuant to NRS

2-32 202.360; and

2-33 (d) Demonstrates competence with a firearm by presenting a certificate

2-34 or other documentation to the sheriff which shows that he:

2-35 (1) Successfully completed a course in firearm safety approved by a

2-36 sheriff in this state; or

2-37 (2) Successfully completed a course in firearm safety offered by a

2-38 federal, state or local law enforcement agency, community college,

2-39 university or national organization that certifies instructors in firearm

2-40 safety.

2-41 Such a course must include instruction in the [use of each firearm to which

2-42 the application pertains and in the] laws of this state relating to the proper

2-43 use of a firearm. A sheriff may not approve a course in firearm safety

3-1 pursuant to subparagraph (1) unless he determines that the course meets

3-2 any standards that are established by the Nevada Sheriffs and Chiefs

3-3 Association, or if the Nevada Sheriffs and Chiefs Association ceases to

3-4 exist, its legal successor.

3-5 3. The sheriff shall deny an application or revoke a permit if he

3-6 determines that the applicant or permittee:

3-7 (a) Has an outstanding warrant for his arrest.

3-8 (b) Has been judicially declared incompetent or insane.

3-9 (c) Has been voluntarily or involuntarily admitted to a mental health

3-10 facility during the immediately preceding 5 years.

3-11 (d) Has habitually used intoxicating liquor or a controlled substance to

3-12 the extent that his normal faculties are impaired. For the purposes of this

3-13 paragraph, it is presumed that a person has so used intoxicating liquor or a

3-14 controlled substance if, during the immediately preceding 5 years, he has

3-15 been:

3-16 (1) Convicted of violating the provisions of NRS 484.379; or

3-17 (2) Committed for treatment pursuant to NRS 458.290 to 458.350,

3-18 inclusive.

3-19 (e) [Has been convicted of a crime involving the use or threatened use of

3-20 force or violence punishable as a misdemeanor under the laws of this or any

3-21 other state, or a territory or possession of the United States at any time

3-22 during the immediately preceding 3 years.

3-23 (f)] Has been convicted of a felony in this state or under the laws of any

3-24 state, territory or possession of the United States.

3-25 [(g)] (f) Has been convicted of a crime involving domestic violence or

3-26 stalking, or is currently subject to a restraining order, injunction or other

3-27 order for protection against domestic violence.

3-28 [(h)] (g) Is currently on parole or probation from a conviction obtained

3-29 in this state or in any other state or territory or possession of the United

3-30 States.

3-31 [(i)] (h) Has, within the immediately preceding 5 years, been subject to

3-32 any requirements imposed by a court of this state or of any other state or

3-33 territory or possession of the United States, as a condition to the court’s:

3-34 (1) Withholding of the entry of judgment for his conviction of a

3-35 felony; or

3-36 (2) Suspension of his sentence for the conviction of a felony.

3-37 [(j)] (i) Has made a false statement on any application for a permit or

3-38 for the renewal of a permit.

3-39 4. The sheriff may deny an application or revoke a permit if he

3-40 receives a sworn affidavit stating articulable facts based upon personal

3-41 knowledge from any natural person who is 18 years of age or older that the

3-42 applicant or permittee has or may have committed an offense or engaged in

3-43 any other activity specified in subsection 3 which would preclude the

4-1 issuance of a permit to the applicant or require the revocation of a permit

4-2 pursuant to this section.

4-3 5. [If the sheriff receives notification submitted by a court or law

4-4 enforcement agency of this or any other state, the United States or a

4-5 territory or possession of the United States that a permittee or an applicant

4-6 for a permit has been charged with a crime involving the use or threatened

4-7 use of force or violence, the conviction for which would require the

4-8 revocation of a permit or preclude the issuance of a permit to the applicant

4-9 pursuant to this section, the sheriff shall suspend the person’s permit or the

4-10 processing of his application until the final disposition of the charges

4-11 against him. If a permittee is acquitted of the charges against him, or if the

4-12 charges are dropped, the sheriff shall restore his permit without imposing a

4-13 fee.

4-14 6.] An application submitted pursuant to this section must be

4-15 completed and signed under oath by the applicant. The applicant’s

4-16 signature must be witnessed by an employee of the sheriff or notarized by a

4-17 notary public. The application must include:

4-18 (a) The name, address, place and date of birth, [social security number,]

4-19 occupation and employer of the applicant and any other names used by the

4-20 applicant;

4-21 (b) A complete set of the applicant’s fingerprints taken by the sheriff or

4-22 his agent;

4-23 (c) A front-view colored photograph of the applicant taken by the sheriff

4-24 or his agent;

4-25 (d) The applicant’s driver’s license number or identification card

4-26 number issued by the department;

4-27 (e) [The make, model and caliber of each firearm to which the

4-28 application pertains;

4-29 (f)] A nonrefundable fee in the amount necessary to obtain the report

4-30 required pursuant to subsection 1 of NRS 202.366; and

4-31 [(g)] (f) A nonrefundable fee set by the sheriff not to exceed $60.

4-32 Sec. 4. NRS 202.366 is hereby amended to read as follows:

4-33 202.366 1. Upon receipt by a sheriff of an application for a permit,

4-34 the sheriff shall conduct an investigation of the applicant to determine if he

4-35 is eligible for a permit. In conducting the investigation, the sheriff shall

4-36 forward a complete set of the applicant’s fingerprints to the Nevada

4-37 highway patrol division of the department and the Federal Bureau of

4-38 Investigation for a report concerning the criminal history of the applicant.

4-39 The sheriff shall issue a permit to the applicant unless he is not qualified to

4-40 possess a handgun under state or federal law or is not otherwise qualified to

4-41 obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the

4-42 regulations adopted pursuant thereto.

5-1 2. To assist the sheriff in conducting his investigation, any local law

5-2 enforcement agency, including the sheriff of any county, may voluntarily

5-3 submit to the sheriff a report or other information concerning the criminal

5-4 history of an applicant.

5-5 3. Within 120 days after a complete application for a permit is

5-6 submitted, the sheriff to whom the application is submitted shall grant or

5-7 deny the application. If the application is denied, the sheriff shall send the

5-8 applicant written notification setting forth the reasons for the denial. If the

5-9 application is granted, the sheriff shall provide the applicant with a permit

5-10 containing a colored photograph of the applicant and containing such other

5-11 information as may be prescribed by the department. The permit must be

5-12 [in substantially the following form:

5-13 NEVADA CONCEALED FIREARM PERMIT

5-14 County Permit Number

5-15 Expires Date of Birth

5-16 Height Weight

5-17 Name Address

5-18 City Zip

5-19 Photograph

5-20 Signature

5-21 Issued by

5-22 Date of Issue

5-23 Make, model and caliber of firearm authorized ]

5-24 on a form provided by the department.

5-25 4. Unless suspended or revoked by the sheriff who issued the permit, a

5-26 permit expires on the fifth anniversary of the permittee’s birthday,

5-27 measured from the birthday nearest the date of issuance or renewal. If the

5-28 date of birth of a permittee is on February 29 in a leap year, for the

5-29 purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be

5-30 deemed to be on February 28.

5-31 Sec. 5. NRS 202.3673 is hereby amended to read as follows:

5-32 202.3673 1. Except as otherwise provided in NRS 202.265 and this

5-33 section, a permittee shall not carry a concealed firearm into:

5-34 (a) Any facility of a law enforcement agency;

5-35 (b) A prison, county or city jail or detention facility;

5-36 (c) A courthouse or courtroom;

5-37 (d) Any facility of a public or private school;

5-38 (e) Any facility of a vocational or technical school, or of the University

5-39 and Community College System of Nevada;

5-40 (f) Any other building [owned or] occupied by the Federal Government,

5-41 the state or a local government; or

6-1 (g) Any other place in which the carrying of a concealed firearm is

6-2 prohibited by state or federal law.

6-3 2. The provisions of this section do not prohibit a permittee who is a

6-4 judge from carrying a concealed firearm in the courthouse or courtroom in

6-5 which he presides or from authorizing other permittees to carry a concealed

6-6 firearm in his courtroom.

6-7 3. The provisions of this section are not applicable to an employee of

6-8 the facility identified in subsection 1 while on the premises of that facility.

6-9 4. The provisions of this section do not apply to a permittee who is a

6-10 prosecuting attorney of an agency or political subdivision of the United

6-11 States or of this state.

6-12 5. A violation of the provisions of subsection 1 is a misdemeanor.

6-13 Sec. 6. The department of motor vehicles and public safety shall

6-14 prepare the initial list required by section 1 of this act and provide a copy

6-15 of that list to each law enforcement agency in this state not later than

6-16 October 1, 1999.

6-17 Sec. 7. 1. The amendatory provisions of this act apply to any permit

6-18 to carry a concealed firearm in this state that is issued on or after October 1,

6-19 1999.

6-20 2. A person who has been issued a permit to carry a concealed firearm

6-21 in this state that expires after October 1, 1999, may carry not more than two

6-22 concealed firearms of any type.

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