Senate Bill No. 420–Senator Washington

March 15, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions governing weapons. (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 weapons; authorizing a person who is not a resident of this state to carry a concealed firearm in this state under certain circumstances; revising the provisions governing the type of concealed firearm that the holder of a permit to carry a concealed firearm may carry; making various other changes to the provisions governing a permit to carry a concealed firearm; providing that certain police officers who are retiring must be allowed to purchase badges indicating that they are exempt from certain laws pertaining to concealed firearms and other weapons; 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

1-2 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, an

1-4 applicant for a permit must present to the sheriff a certificate or other

1-5 documentation that:

1-6 (a) Identifies the make, model and caliber of the firearm for which

1-7 approval is sought;

1-8 (b) Is issued by an instructor of a course in firearm safety which is

1-9 approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of

1-10 subsection 2 of NRS 202.3657 or which is offered by a federal, state or

1-11 local law enforcement agency, community college, university or national

1-12 organization that certifies instructors in firearm safety; and

1-13 (c) Indicates that the applicant has demonstrated competence in the

1-14 use of the firearm.

2-1 2. A permittee may seek approval from the sheriff to carry a firearm

2-2 for which approval was not sought in his application. To obtain approval

2-3 from a sheriff for an additional firearm, the permittee must present to the

2-4 sheriff a certificate or other documentation that:

2-5 (a) Identifies the make, model and caliber of the firearm for which

2-6 approval is sought;

2-7 (b) Is issued by an instructor of a course in firearm safety which is

2-8 approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of

2-9 subsection 2 of NRS 202.3657 or which is offered by a federal, state or

2-10 local law enforcement agency, community college, university or national

2-11 organization that certifies instructors in firearm safety; and

2-12 (c) Indicates that the permittee has demonstrated competence in the

2-13 use of the firearm.

2-14 3. If a sheriff approves a firearm pursuant to this section, the sheriff

2-15 shall forward the information provided in subsection 1 or 2 to the central

2-16 repository for Nevada records of criminal history. Any information

2-17 forwarded to the central repository for Nevada records of criminal

2-18 history pursuant to this subsection must be maintained in accordance

2-19 with the provisions governing confidentiality set forth in NRS 202.3662.

2-20 Sec. 3. 1. A person who is not a resident of this state and who

2-21 possesses a permit to carry a concealed firearm that was issued by

2-22 another state whose requirements for the issuance of that permit are

2-23 substantially similar to the requirements set forth in NRS 202.3653 to

2-24 202.369, inclusive, may carry a concealed firearm in this state in

2-25 accordance with the requirements set forth in this section.

2-26 2. Except as otherwise provided in subsection 3, a person who is

2-27 authorized to carry a concealed firearm pursuant to subsection 1 and

2-28 who wishes to carry a concealed firearm in this state must:

2-29 (a) Report to the sheriff of the county in which he is present;

2-30 (b) Obtain from the sheriff a sticker to be affixed to his permit to carry

2-31 a concealed firearm and a printed copy of the provisions of NRS

2-32 202.3653 to 202.369, inclusive; and

2-33 (c) Pay to the sheriff a fee equal to the cost of providing the sticker

2-34 and the printed copy of the provisions of NRS 202.3653 to 202.369,

2-35 inclusive.

2-36 3. A person is not required to comply with the provisions of

2-37 subsection 2 if the person:

2-38 (a) Is present in this state for a period of less than 72 hours; or

2-39 (b) Previously obtained a sticker and a printed copy of the provisions

2-40 of NRS 202.3653 to 202.369, inclusive, pursuant to subsection 2 and has

2-41 in his possession a valid permit to carry a concealed firearm that has the

2-42 sticker affixed to the permit.

3-1 4. A person who carries a concealed firearm pursuant to this section

3-2 is subject to the same legal restrictions and requirements imposed upon a

3-3 person who has been issued a permit to carry a concealed firearm by a

3-4 sheriff in this state.

3-5 Sec. 4. 1. The Nevada Sheriffs and Chiefs Association shall, not

3-6 later than July 1 of each year:

3-7 (a) Examine the requirements for the issuance of a permit to carry a

3-8 concealed firearm in each state and determine whether the requirements

3-9 of each state are substantially similar to the requirements set forth in

3-10 NRS 202.3653 to 202.369, inclusive;

3-11 (b) Prepare a list that includes each state whose requirements for the

3-12 issuance of a permit to carry a concealed firearm are substantially

3-13 similar to the requirements set forth in NRS 202.3653 to 202.369,

3-14 inclusive; and

3-15 (c) Provide a copy of the list prepared pursuant to paragraph (b) to

3-16 each law enforcement agency in this state.

3-17 2. The Nevada Sheriffs and Chiefs Association shall, upon request,

3-18 make the list prepared pursuant to subsection 1 available to the general

3-19 public.

3-20 3. If the Nevada Sheriffs and Chiefs Association ceases to exist, its

3-21 legal successor shall perform the duties set forth in this section. If the

3-22 legal successor to the Nevada Sheriffs and Chiefs Association ceases to

3-23 exist or if there is no legal successor to the Nevada Sheriffs and Chiefs

3-24 Association, the department shall perform the duties set forth in this

3-25 section.

3-26 Sec. 5. NRS 202.3653 is hereby amended to read as follows:

3-27 202.3653 As used in NRS 202.3653 to 202.369, inclusive, and

3-28 sections 2, 3 and 4 of this act, unless the context otherwise requires:

3-29 1. "Concealed firearm" means a loaded or unloaded pistol, revolver or

3-30 other firearm which is carried upon a person in such a manner as not to be

3-31 discernible by ordinary observation.

3-32 2. "Department" means the department of motor vehicles and public

3-33 safety.

3-34 3. "Permit" means a permit to carry a concealed firearm issued

3-35 pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

3-36 Sec. 6. NRS 202.3657 is hereby amended to read as follows:

3-37 202.3657 1. Any person may apply to the sheriff of the county in

3-38 which he resides for a permit on a form prescribed by regulation of the

3-39 department. Application forms for permits must be furnished by the sheriff

3-40 of each county upon request.

4-1 2. Except as otherwise provided in this section, the sheriff shall issue a

4-2 permit [for no more than two specific firearms] to any person who is

4-3 qualified to possess a firearm under state and federal law, who submits an

4-4 application in accordance with the provisions of this section and who:

4-5 (a) Is a resident of this state;

4-6 (b) Is 21 years of age or older;

4-7 (c) Is not prohibited from possessing a firearm pursuant to NRS 202.360;

4-8 and

4-9 (d) Demonstrates competence with a firearm by presenting a certificate

4-10 or other documentation to the sheriff which shows that he:

4-11 (1) Successfully completed a course in firearm safety approved by a

4-12 sheriff in this state; or

4-13 (2) Successfully completed a course in firearm safety offered by
4-14 a federal, state or local law enforcement agency, community college,

4-15 university or national organization that certifies instructors in firearm
4-16 safety.

4-17 Such a course must include instruction in the use of [each firearm to which

4-18 the application pertains] a firearm and in the laws of this state relating to

4-19 the [proper] use of a firearm. A sheriff may not approve a course in firearm

4-20 safety pursuant to subparagraph (1) unless he determines that the course

4-21 meets any standards that are established by the Nevada Sheriffs and Chiefs

4-22 Association, or if the Nevada Sheriffs and Chiefs Association ceases to

4-23 exist, its legal successor.

4-24 3. A permit issued by a sheriff pursuant to subsection 2 allows a

4-25 permittee to carry any firearm that the permittee has been approved to

4-26 carry by the sheriff pursuant to section 2 of this act.

4-27 4. The sheriff shall deny an application or revoke a permit if he

4-28 determines that the applicant or permittee:

4-29 (a) Has an outstanding warrant for his arrest.

4-30 (b) Has been judicially declared incompetent or insane.

4-31 (c) Has been voluntarily or involuntarily admitted to a mental health

4-32 facility during the immediately preceding 5 years.

4-33 (d) Has habitually used intoxicating liquor or a controlled substance to

4-34 the extent that his normal faculties are impaired. For the purposes of this

4-35 paragraph, it is presumed that a person has so used intoxicating liquor or a

4-36 controlled substance if, during the immediately preceding 5 years, he has

4-37 been:

4-38 (1) Convicted of violating the provisions of NRS 484.379; or

4-39 (2) Committed for treatment pursuant to NRS 458.290 to 458.350,

4-40 inclusive.

5-1 (e) Has been convicted of a crime involving the use or threatened use of

5-2 force or violence punishable as a misdemeanor under the laws of this or any

5-3 other state, or a territory or possession of the United States at any time

5-4 during the immediately preceding [3] 5 years.

5-5 (f) Has been convicted of a felony in this state or under the laws of any

5-6 state, territory or possession of the United States.

5-7 (g) Has been convicted of a crime involving domestic violence or

5-8 stalking, or is currently subject to a restraining order, injunction or other

5-9 order for protection against domestic violence.

5-10 (h) Is currently on parole or probation from a conviction obtained in this

5-11 state or in any other state or territory or possession of the United States.

5-12 (i) Has, within the immediately preceding 5 years, been subject to any

5-13 requirements imposed by a court of this state or of any other state or

5-14 territory or possession of the United States, as a condition to the court’s:

5-15 (1) Withholding of the entry of judgment for his conviction of a

5-16 felony; or

5-17 (2) Suspension of his sentence for the conviction of a felony.

5-18 (j) Has made a false statement on any application for a permit or for the

5-19 renewal of a permit.

5-20 [4.] 5. The sheriff may deny an application or revoke a permit if he

5-21 receives a sworn affidavit stating articulable facts based upon personal

5-22 knowledge from any natural person who is 18 years of age or older that the

5-23 applicant or permittee has or may have committed an offense or engaged in

5-24 any other activity specified in subsection [3] 4 which would preclude the

5-25 issuance of a permit to the applicant or require the revocation of a permit

5-26 pursuant to this section.

5-27 [5.] 6. If the sheriff receives notification submitted by a court or law

5-28 enforcement agency of this or any other state, the United States or a territory

5-29 or possession of the United States that a permittee or an applicant for a

5-30 permit has been charged with a crime involving the use or threatened use of

5-31 force or violence, the conviction for which would require the revocation of a

5-32 permit or preclude the issuance of a permit to the applicant pursuant to this

5-33 section, the sheriff shall suspend the person’s permit or the processing of his

5-34 application until the final disposition of the charges against him. If a

5-35 permittee is acquitted of the charges against him, or if the charges are

5-36 dropped, the sheriff shall restore his permit without imposing a fee.

5-37 [6.] 7. An application submitted pursuant to this section must be

5-38 completed and signed under oath by the applicant. The applicant’s signature

5-39 must be witnessed by an employee of the sheriff or notarized by a notary

5-40 public. The application must include:

6-1 (a) The name, address, place and date of birth, social security number,

6-2 occupation and employer of the applicant and any other names used by the

6-3 applicant;

6-4 (b) A complete set of the applicant’s fingerprints taken by the sheriff or

6-5 his agent;

6-6 (c) A front-view colored photograph of the applicant taken by the sheriff

6-7 or his agent;

6-8 (d) The applicant’s driver’s license number or identification card number

6-9 issued by the department;

6-10 (e) The make, model and caliber of each firearm [to which the

6-11 application pertains;] that the applicant wishes to receive approval to

6-12 carry;

6-13 (f) For each firearm described in paragraph (e), a certificate or other

6-14 documentation that complies with the requirements of subsection 1 of

6-15 section 2 of this act;

6-16 (g) A nonrefundable fee in the amount necessary to obtain the report

6-17 required pursuant to subsection 1 of NRS 202.366; and

6-18 [(g)] (h) A nonrefundable fee set by the sheriff not to exceed $60.

6-19 Sec. 7. NRS 202.366 is hereby amended to read as follows:

6-20 202.366 1. Upon receipt by a sheriff of an application for a permit,

6-21 the sheriff shall conduct an investigation of the applicant to determine if he

6-22 is eligible for a permit. In conducting the investigation, the sheriff shall

6-23 forward a complete set of the applicant’s fingerprints to the [Nevada

6-24 highway patrol division of the department] central repository for Nevada

6-25 records of criminal history and the Federal Bureau of Investigation for a

6-26 report concerning the criminal history of the applicant. The sheriff shall

6-27 issue a permit to the applicant unless he is not qualified to possess a

6-28 handgun under state or federal law or is not otherwise qualified to obtain a

6-29 permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations

6-30 adopted pursuant thereto.

6-31 2. To assist the sheriff in conducting his investigation, any local law

6-32 enforcement agency, including the sheriff of any county, may voluntarily

6-33 submit to the sheriff a report or other information concerning the criminal

6-34 history of an applicant.

6-35 3. Within 120 days after a complete application for a permit is

6-36 submitted, the sheriff to whom the application is submitted shall grant or

6-37 deny the application. If the application is denied, the sheriff shall send the

6-38 applicant written notification setting forth the reasons for the denial. If the

6-39 application is granted, the sheriff shall provide the applicant with a permit

6-40 [containing a colored photograph of the applicant and containing such other

6-41 information as may be prescribed by the department. The permit must be in

6-42 substantially the following form:

7-1 NEVADA CONCEALED FIREARM PERMIT

7-2 County Permit Number

7-3 Expires Date of Birth

7-4 Height Weight

7-5 Name Address

7-6 City Zip

7-7 Photograph

7-8 Signature

7-9 Issued by

7-10 Date of Issue

7-11 Make, model and caliber of firearm authorized ]

7-12 that:

7-13 (a) Includes a color photograph of the applicant;

7-14 (b) Contains any information that is required by the department or by

7-15 an ordinance of the county in which the permit is issued;

7-16 (c) Prominently displays in bold type the phrase "STATE OF

7-17 NEVADA CONCEALED FIREARM PERMIT"; and

7-18 (d) Does not include the social security number of the applicant.

7-19 4. Unless suspended or revoked by the sheriff who issued the permit, a

7-20 permit expires on the fifth anniversary of the permittee’s birthday,

7-21 measured from the birthday nearest the date of issuance or renewal. If the

7-22 date of birth of a permittee is on February 29 in a leap year, for the

7-23 purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be

7-24 deemed to be on February 28.

7-25 Sec. 8. Chapter 286 of NRS is hereby amended by adding thereto a

7-26 new section to read as follows:

7-27 1. Except as otherwise provided in subsection 2, if a police officer

7-28 who has at least 10 years of service retires pursuant to this chapter, he

7-29 must be allowed to purchase from his former employer a badge

7-30 indicating that he is honorably retired. The former employer shall charge

7-31 a police officer who purchases a badge pursuant to this section a fee

7-32 equal to the cost of providing the badge.

7-33 2. The provisions of this section do not apply to a police officer who

7-34 was discharged for cause or who resigned before the final disposition of

7-35 allegations of serious misconduct.

7-36 Sec. 9. The Nevada Sheriffs and Chiefs Association shall prepare the

7-37 initial list required by section 4 of this act and provide a copy of that list to

7-38 each law enforcement agency in this state not later than October 1, 1999.

7-39 Sec. 10. A person who has a permit to carry a concealed firearm in

7-40 this state that was issued before October 1, 1999, and who wishes to carry

7-41 any firearm that is not listed on his current permit must:

8-1 1. Obtain approval for each such firearm from the sheriff of the county

8-2 in which he resides in the manner provided in section 2 of this act;

8-3 2. Obtain from the sheriff a new permit that complies with the

8-4 provisions of NRS 202.366, as amended by this act; and

8-5 3. Pay to the sheriff the fee prescribed for obtaining a duplicate permit

8-6 pursuant to NRS 202.367, unless he is renewing his permit pursuant to

8-7 NRS 202.3677, in which case he must pay the fee prescribed for renewal of

8-8 a permit pursuant to NRS 202.3677.

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