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
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;1-8
(b) Is issued by an instructor of a course in firearm safety which is1-9
approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of1-10
subsection 2 of NRS 202.3657 or which is offered by a federal, state or1-11
local law enforcement agency, community college, university or national1-12
organization that certifies instructors in firearm safety; and1-13
(c) Indicates that the applicant has demonstrated competence in the1-14
use of the firearm.2-1
2. A permittee may seek approval from the sheriff to carry a firearm2-2
for which approval was not sought in his application. To obtain approval2-3
from a sheriff for an additional firearm, the permittee must present to the2-4
sheriff a certificate or other documentation that:2-5
(a) Identifies the make, model and caliber of the firearm for which2-6
approval is sought;2-7
(b) Is issued by an instructor of a course in firearm safety which is2-8
approved by a sheriff pursuant to subparagraph (1) of paragraph (d) of2-9
subsection 2 of NRS 202.3657 or which is offered by a federal, state or2-10
local law enforcement agency, community college, university or national2-11
organization that certifies instructors in firearm safety; and2-12
(c) Indicates that the permittee has demonstrated competence in the2-13
use of the firearm.2-14
3. If a sheriff approves a firearm pursuant to this section, the sheriff2-15
shall forward the information provided in subsection 1 or 2 to the central2-16
repository for Nevada records of criminal history. Any information2-17
forwarded to the central repository for Nevada records of criminal2-18
history pursuant to this subsection must be maintained in accordance2-19
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 who2-21
possesses a permit to carry a concealed firearm that was issued by2-22
another state whose requirements for the issuance of that permit are2-23
substantially similar to the requirements set forth in NRS 202.3653 to2-24
202.369, inclusive, may carry a concealed firearm in this state in2-25
accordance with the requirements set forth in this section.2-26
2. Except as otherwise provided in subsection 3, a person who is2-27
authorized to carry a concealed firearm pursuant to subsection 1 and2-28
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 carry2-31
a concealed firearm and a printed copy of the provisions of NRS2-32
202.3653 to 202.369, inclusive; and2-33
(c) Pay to the sheriff a fee equal to the cost of providing the sticker2-34
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 of2-37
subsection 2 if the person:2-38
(a) Is present in this state for a period of less than 72 hours; or2-39
(b) Previously obtained a sticker and a printed copy of the provisions2-40
of NRS 202.3653 to 202.369, inclusive, pursuant to subsection 2 and has2-41
in his possession a valid permit to carry a concealed firearm that has the2-42
sticker affixed to the permit.3-1
4. A person who carries a concealed firearm pursuant to this section3-2
is subject to the same legal restrictions and requirements imposed upon a3-3
person who has been issued a permit to carry a concealed firearm by a3-4
sheriff in this state.3-5
Sec. 4. 1. The Nevada Sheriffs and Chiefs Association shall, not3-6
later than July 1 of each year:3-7
(a) Examine the requirements for the issuance of a permit to carry a3-8
concealed firearm in each state and determine whether the requirements3-9
of each state are substantially similar to the requirements set forth in3-10
NRS 202.3653 to 202.369, inclusive;3-11
(b) Prepare a list that includes each state whose requirements for the3-12
issuance of a permit to carry a concealed firearm are substantially3-13
similar to the requirements set forth in NRS 202.3653 to 202.369,3-14
inclusive; and3-15
(c) Provide a copy of the list prepared pursuant to paragraph (b) to3-16
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 general3-19
public.3-20
3. If the Nevada Sheriffs and Chiefs Association ceases to exist, its3-21
legal successor shall perform the duties set forth in this section. If the3-22
legal successor to the Nevada Sheriffs and Chiefs Association ceases to3-23
exist or if there is no legal successor to the Nevada Sheriffs and Chiefs3-24
Association, the department shall perform the duties set forth in this3-25
section.3-26
Sec. 5. NRS 202.3653 is hereby amended to read as follows: 202.3653 As used in NRS 202.3653 to 202.369, inclusive, and3-28
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 or3-30
other firearm which is carried upon a person in such a manner as not to be3-31
discernible by ordinary observation.3-32
2. "Department" means the department of motor vehicles and public3-33
safety.3-34
3. "Permit" means a permit to carry a concealed firearm issued3-35
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: 202.3657 1. Any person may apply to the sheriff of the county in3-38
which he resides for a permit on a form prescribed by regulation of the3-39
department. Application forms for permits must be furnished by the sheriff3-40
of each county upon request.4-1
2. Except as otherwise provided in this section, the sheriff shall issue a4-2
permit4-3
qualified to possess a firearm under state and federal law, who submits an4-4
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
and4-9
(d) Demonstrates competence with a firearm by presenting a certificate4-10
or other documentation to the sheriff which shows that he:4-11
(1) Successfully completed a course in firearm safety approved by a4-12
sheriff in this state; or4-13
(2) Successfully completed a course in firearm safety offered by4-15
university or national organization that certifies instructors in firearm4-17
Such a course must include instruction in the use of4-18
4-19
the4-20
safety pursuant to subparagraph (1) unless he determines that the course4-21
meets any standards that are established by the Nevada Sheriffs and Chiefs4-22
Association, or if the Nevada Sheriffs and Chiefs Association ceases to4-23
exist, its legal successor.4-24
3. A permit issued by a sheriff pursuant to subsection 2 allows a4-25
permittee to carry any firearm that the permittee has been approved to4-26
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 he4-28
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 health4-32
facility during the immediately preceding 5 years.4-33
(d) Has habitually used intoxicating liquor or a controlled substance to4-34
the extent that his normal faculties are impaired. For the purposes of this4-35
paragraph, it is presumed that a person has so used intoxicating liquor or a4-36
controlled substance if, during the immediately preceding 5 years, he has4-37
been:4-38
(1) Convicted of violating the provisions of NRS 484.379; or4-39
(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 of5-2
force or violence punishable as a misdemeanor under the laws of this or any5-3
other state, or a territory or possession of the United States at any time5-4
during the immediately preceding5-5
(f) Has been convicted of a felony in this state or under the laws of any5-6
state, territory or possession of the United States.5-7
(g) Has been convicted of a crime involving domestic violence or5-8
stalking, or is currently subject to a restraining order, injunction or other5-9
order for protection against domestic violence.5-10
(h) Is currently on parole or probation from a conviction obtained in this5-11
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 any5-13
requirements imposed by a court of this state or of any other state or5-14
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 a5-16
felony; or5-17
(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 the5-19
renewal of a permit.5-20
5-21
receives a sworn affidavit stating articulable facts based upon personal5-22
knowledge from any natural person who is 18 years of age or older that the5-23
applicant or permittee has or may have committed an offense or engaged in5-24
any other activity specified in subsection5-25
issuance of a permit to the applicant or require the revocation of a permit5-26
pursuant to this section.5-27
5-28
enforcement agency of this or any other state, the United States or a territory5-29
or possession of the United States that a permittee or an applicant for a5-30
permit has been charged with a crime involving the use or threatened use of5-31
force or violence, the conviction for which would require the revocation of a5-32
permit or preclude the issuance of a permit to the applicant pursuant to this5-33
section, the sheriff shall suspend the person’s permit or the processing of his5-34
application until the final disposition of the charges against him. If a5-35
permittee is acquitted of the charges against him, or if the charges are5-36
dropped, the sheriff shall restore his permit without imposing a fee.5-37
5-38
completed and signed under oath by the applicant. The applicant’s signature5-39
must be witnessed by an employee of the sheriff or notarized by a notary5-40
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 the6-3
applicant;6-4
(b) A complete set of the applicant’s fingerprints taken by the sheriff or6-5
his agent;6-6
(c) A front-view colored photograph of the applicant taken by the sheriff6-7
or his agent;6-8
(d) The applicant’s driver’s license number or identification card number6-9
issued by the department;6-10
(e) The make, model and caliber of each firearm6-11
6-12
carry;6-13
(f) For each firearm described in paragraph (e), a certificate or other6-14
documentation that complies with the requirements of subsection 1 of6-15
section 2 of this act;6-16
(g) A nonrefundable fee in the amount necessary to obtain the report6-17
required pursuant to subsection 1 of NRS 202.366; and6-18
6-19
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,6-21
the sheriff shall conduct an investigation of the applicant to determine if he6-22
is eligible for a permit. In conducting the investigation, the sheriff shall6-23
forward a complete set of the applicant’s fingerprints to the6-24
6-25
records of criminal history and the Federal Bureau of Investigation for a6-26
report concerning the criminal history of the applicant. The sheriff shall6-27
issue a permit to the applicant unless he is not qualified to possess a6-28
handgun under state or federal law or is not otherwise qualified to obtain a6-29
permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations6-30
adopted pursuant thereto.6-31
2. To assist the sheriff in conducting his investigation, any local law6-32
enforcement agency, including the sheriff of any county, may voluntarily6-33
submit to the sheriff a report or other information concerning the criminal6-34
history of an applicant.6-35
3. Within 120 days after a complete application for a permit is6-36
submitted, the sheriff to whom the application is submitted shall grant or6-37
deny the application. If the application is denied, the sheriff shall send the6-38
applicant written notification setting forth the reasons for the denial. If the6-39
application is granted, the sheriff shall provide the applicant with a permit6-40
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that:7-13
(a) Includes a color photograph of the applicant;7-14
(b) Contains any information that is required by the department or by7-15
an ordinance of the county in which the permit is issued;7-16
(c) Prominently displays in bold type the phrase "STATE OF7-17
NEVADA CONCEALED FIREARM PERMIT"; and7-18
(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, a7-20
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 the7-22
date of birth of a permittee is on February 29 in a leap year, for the7-23
purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be7-24
deemed to be on February 28.7-25
Sec. 8. Chapter 286 of NRS is hereby amended by adding thereto a7-26
new section to read as follows:7-27
1. Except as otherwise provided in subsection 2, if a police officer7-28
who has at least 10 years of service retires pursuant to this chapter, he7-29
must be allowed to purchase from his former employer a badge7-30
indicating that he is honorably retired. The former employer shall charge7-31
a police officer who purchases a badge pursuant to this section a fee7-32
equal to the cost of providing the badge.7-33
2. The provisions of this section do not apply to a police officer who7-34
was discharged for cause or who resigned before the final disposition of7-35
allegations of serious misconduct.7-36
Sec. 9. The Nevada Sheriffs and Chiefs Association shall prepare the7-37
initial list required by section 4 of this act and provide a copy of that list to7-38
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 in7-40
this state that was issued before October 1, 1999, and who wishes to carry7-41
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 county8-2
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 the8-4
provisions of NRS 202.366, as amended by this act; and8-5
3. Pay to the sheriff the fee prescribed for obtaining a duplicate permit8-6
pursuant to NRS 202.367, unless he is renewing his permit pursuant to8-7
NRS 202.3677, in which case he must pay the fee prescribed for renewal of8-8
a permit pursuant to NRS 202.3677.~