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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 202 of NRS is hereby amended by adding thereto a1-2
new section to read as follows:1-3
1. A person who is not a resident of this state and who possesses a1-4
permit to carry a concealed firearm that was issued by another state1-5
whose requirements for the issuance of that permit are substantially1-6
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 in1-8
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 a1-11
concealed firearm in each state and determine whether the requirements1-12
of each state are substantially similar to the requirements set forth in1-13
NRS 202.3653 to 202.369, inclusive;2-1
(b) Prepare a list that includes each state whose requirements for the2-2
issuance of a permit to carry a concealed firearm are substantially2-3
similar to the requirements set forth in NRS 202.3653 to 202.369,2-4
inclusive; and2-5
(c) Provide a copy of the list prepared pursuant to paragraph (b) to2-6
each law enforcement agency in this state.2-7
3. The department shall, upon request, make the list prepared2-8
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: 202.3653 As used in NRS 202.3653 to 202.369, inclusive, and section2-11
1 of this act, unless the context otherwise requires:2-12
1. "Concealed firearm" means a loaded or unloaded pistol, revolver or2-13
other firearm which is carried upon a person in such a manner as not to be2-14
discernible by ordinary observation.2-15
2. "Department" means the department of motor vehicles and public2-16
safety.2-17
3. "Permit" means a permit to carry a concealed firearm issued2-18
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: 202.3657 1. Any person may apply to the sheriff of the county in2-21
which he resides for a permit on a form prescribed by regulation of the2-22
department. Application forms for permits must be furnished by the sheriff2-23
of each county upon request.2-24
2. Except as otherwise provided in this section, the sheriff shall issue a2-25
permit for2-26
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 this2-28
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 NRS2-32
202.360; and2-33
(d) Demonstrates competence with a firearm by presenting a certificate2-34
or other documentation to the sheriff which shows that he:2-35
(1) Successfully completed a course in firearm safety approved by a2-36
sheriff in this state; or2-37
(2) Successfully completed a course in firearm safety offered by a2-38
federal, state or local law enforcement agency, community college,2-39
university or national organization that certifies instructors in firearm2-40
safety.2-41
Such a course must include instruction in the2-42
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use of a firearm. A sheriff may not approve a course in firearm safety3-1
pursuant to subparagraph (1) unless he determines that the course meets3-2
any standards that are established by the Nevada Sheriffs and Chiefs3-3
Association, or if the Nevada Sheriffs and Chiefs Association ceases to3-4
exist, its legal successor.3-5
3. The sheriff shall deny an application or revoke a permit if he3-6
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 health3-10
facility during the immediately preceding 5 years.3-11
(d) Has habitually used intoxicating liquor or a controlled substance to3-12
the extent that his normal faculties are impaired. For the purposes of this3-13
paragraph, it is presumed that a person has so used intoxicating liquor or a3-14
controlled substance if, during the immediately preceding 5 years, he has3-15
been:3-16
(1) Convicted of violating the provisions of NRS 484.379; or3-17
(2) Committed for treatment pursuant to NRS 458.290 to 458.350,3-18
inclusive.3-19
(e)3-20
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state, territory or possession of the United States.3-25
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stalking, or is currently subject to a restraining order, injunction or other3-27
order for protection against domestic violence.3-28
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in this state or in any other state or territory or possession of the United3-30
States.3-31
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any requirements imposed by a court of this state or of any other state or3-33
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 a3-35
felony; or3-36
(2) Suspension of his sentence for the conviction of a felony.3-37
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for the renewal of a permit.3-39
4. The sheriff may deny an application or revoke a permit if he3-40
receives a sworn affidavit stating articulable facts based upon personal3-41
knowledge from any natural person who is 18 years of age or older that the3-42
applicant or permittee has or may have committed an offense or engaged in3-43
any other activity specified in subsection 3 which would preclude the4-1
issuance of a permit to the applicant or require the revocation of a permit4-2
pursuant to this section.4-3
5.4-4
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completed and signed under oath by the applicant. The applicant’s4-16
signature must be witnessed by an employee of the sheriff or notarized by a4-17
notary public. The application must include:4-18
(a) The name, address, place and date of birth,4-19
occupation and employer of the applicant and any other names used by the4-20
applicant;4-21
(b) A complete set of the applicant’s fingerprints taken by the sheriff or4-22
his agent;4-23
(c) A front-view colored photograph of the applicant taken by the sheriff4-24
or his agent;4-25
(d) The applicant’s driver’s license number or identification card4-26
number issued by the department;4-27
(e)4-28
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required pursuant to subsection 1 of NRS 202.366; and4-31
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Sec. 4. NRS 202.366 is hereby amended to read as follows: 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 he4-35
is eligible for a permit. In conducting the investigation, the sheriff shall4-36
forward a complete set of the applicant’s fingerprints to the Nevada4-37
highway patrol division of the department and the Federal Bureau of4-38
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 to4-40
possess a handgun under state or federal law or is not otherwise qualified to4-41
obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the4-42
regulations adopted pursuant thereto.5-1
2. To assist the sheriff in conducting his investigation, any local law5-2
enforcement agency, including the sheriff of any county, may voluntarily5-3
submit to the sheriff a report or other information concerning the criminal5-4
history of an applicant.5-5
3. Within 120 days after a complete application for a permit is5-6
submitted, the sheriff to whom the application is submitted shall grant or5-7
deny the application. If the application is denied, the sheriff shall send the5-8
applicant written notification setting forth the reasons for the denial. If the5-9
application is granted, the sheriff shall provide the applicant with a permit5-10
containing a colored photograph of the applicant and containing such other5-11
information as may be prescribed by the department. The permit must be5-12
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on a form provided by the department.5-25
4. Unless suspended or revoked by the sheriff who issued the permit, a5-26
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 the5-28
date of birth of a permittee is on February 29 in a leap year, for the5-29
purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be5-30
deemed to be on February 28.5-31
Sec. 5. NRS 202.3673 is hereby amended to read as follows: 202.3673 1. Except as otherwise provided in NRS 202.265 and this5-33
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 University5-39
and Community College System of Nevada;5-40
(f) Any other building5-41
the state or a local government; or6-1
(g) Any other place in which the carrying of a concealed firearm is6-2
prohibited by state or federal law.6-3
2. The provisions of this section do not prohibit a permittee who is a6-4
judge from carrying a concealed firearm in the courthouse or courtroom in6-5
which he presides or from authorizing other permittees to carry a concealed6-6
firearm in his courtroom.6-7
3. The provisions of this section are not applicable to an employee of6-8
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 a6-10
prosecuting attorney of an agency or political subdivision of the United6-11
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 shall6-14
prepare the initial list required by section 1 of this act and provide a copy6-15
of that list to each law enforcement agency in this state not later than6-16
October 1, 1999.6-17
Sec. 7. 1. The amendatory provisions of this act apply to any permit6-18
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 firearm6-21
in this state that expires after October 1, 1999, may carry not more than two6-22
concealed firearms of any type.~