Senate Bill No. 172–Senator Rawson

 

February 15, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Removes limitation on number of firearms for which permit to carry concealed firearm may be issued. (BDR 15‑886)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to weapons; removing the limitation on the number of firearms for which a permit to carry concealed firearms may be issued; 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.  NRS 202.3657 is hereby amended to read as follows:

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

1-3  which he resides for a permit on a form prescribed by regulation of the

1-4  department. Application forms for permits must be furnished by the sheriff

1-5  of each county upon request.

1-6    2.  Except as otherwise provided in this section, the sheriff shall issue a

1-7  permit for [no more than two] one or more specific firearms to any person

1-8  who is qualified to possess a firearm under state and federal law, who

1-9  submits an application in accordance with the provisions of this section and

1-10  who:

1-11    (a) Is a resident of this state;

1-12    (b) Is 21 years of age or older;

1-13    (c) Is not prohibited from possessing a firearm pursuant to NRS

1-14  202.360; and

1-15    (d) Demonstrates competence with a firearm by presenting a certificate

1-16  or other documentation to the sheriff which shows that he:

1-17      (1) Successfully completed a course in firearm safety approved by a

1-18  sheriff in this state; or

1-19      (2) Successfully completed a course in firearm safety offered by a

1-20  federal, state or local law enforcement agency, community college,

1-21  university or national organization that certifies instructors in firearm

1-22  safety.

2-1  Such a course must include instruction in the use of each firearm to which

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

2-3  use of a firearm. A sheriff may not approve a course in firearm safety

2-4  pursuant to subparagraph (1) unless he determines that the course meets

2-5  any standards that are established by the Nevada Sheriffs and Chiefs

2-6  Association, or if the Nevada Sheriffs and Chiefs Association ceases to

2-7  exist, its legal successor.

2-8    3.  The sheriff shall deny an application or revoke a permit if he

2-9  determines that the applicant or permittee:

2-10    (a) Has an outstanding warrant for his arrest.

2-11    (b) Has been judicially declared incompetent or insane.

2-12    (c) Has been voluntarily or involuntarily admitted to a mental health

2-13  facility during the immediately preceding 5 years.

2-14    (d) Has habitually used intoxicating liquor or a controlled substance to

2-15  the extent that his normal faculties are impaired. For the purposes of this

2-16  paragraph, it is presumed that a person has so used intoxicating liquor or a

2-17  controlled substance if, during the immediately preceding 5 years, he has

2-18  been:

2-19      (1) Convicted of violating the provisions of NRS 484.379; or

2-20      (2) Committed for treatment pursuant to NRS 458.290 to 458.350,

2-21  inclusive.

2-22    (e) Has been convicted of a crime involving the use or threatened use of

2-23  force or violence punishable as a misdemeanor under the laws of this or

2-24  any other state, or a territory or possession of the United States at any time

2-25  during the immediately preceding 3 years.

2-26    (f) Has been convicted of a felony in this state or under the laws of any

2-27  state, territory or possession of the United States.

2-28    (g) Has been convicted of a crime involving domestic violence or

2-29  stalking, or is currently subject to a restraining order, injunction or other

2-30  order for protection against domestic violence.

2-31    (h) Is currently on parole or probation from a conviction obtained in this

2-32  state or in any other state or territory or possession of the United States.

2-33    (i) Has, within the immediately preceding 5 years, been subject to any

2-34  requirements imposed by a court of this state or of any other state or

2-35  territory or possession of the United States, as a condition to the court’s:

2-36      (1) Withholding of the entry of judgment for his conviction of a

2-37  felony; or

2-38      (2) Suspension of his sentence for the conviction of a felony.

2-39    (j) Has made a false statement on any application for a permit or for the

2-40  renewal of a permit.

2-41    4.  The sheriff may deny an application or revoke a permit if he

2-42  receives a sworn affidavit stating articulable facts based upon personal

2-43  knowledge from any natural person who is 18 years of age or older that the

2-44  applicant or permittee has or may have committed an offense or engaged in

2-45  any other activity specified in subsection 3 which would preclude the

2-46  issuance of a permit to the applicant or require the revocation of a permit

2-47  pursuant to this section.

2-48    5.  If the sheriff receives notification submitted by a court or law

2-49  enforcement agency of this or any other state, the United States , or a

3-1  territory or possession of the United States that a permittee or an applicant

3-2  for a permit has been charged with a crime involving the use or threatened

3-3  use of force or violence, the conviction for which would require the

3-4  revocation of a permit or preclude the issuance of a permit to the applicant

3-5  pursuant to this section, the sheriff shall suspend the person’s permit or the

3-6  processing of his application until the final disposition of the charges

3-7  against him. If a permittee is acquitted of the charges against him, or if the

3-8  charges are dropped, the sheriff shall restore his permit without imposing a

3-9  fee.

3-10    6.  An application submitted pursuant to this section must be completed

3-11  and signed under oath by the applicant. The applicant’s signature must be

3-12  witnessed by an employee of the sheriff or notarized by a notary public.

3-13  The application must include:

3-14    (a) The name, address, place and date of birth, social security number,

3-15  occupation and employer of the applicant , and any other names used by

3-16  the applicant;

3-17    (b) A complete set of the applicant’s fingerprints taken by the sheriff or

3-18  his agent;

3-19    (c) A front-view colored photograph of the applicant taken by the

3-20  sheriff or his agent;

3-21    (d) The applicant’s driver’s license number or identification card

3-22  number issued by the department;

3-23    (e) The make, model and caliber of each firearm to which the

3-24  application pertains;

3-25    (f) A nonrefundable fee in the amount necessary to obtain the report

3-26  required pursuant to subsection 1 of NRS 202.366; and

3-27    (g) A nonrefundable fee set by the sheriff not to exceed $60.

3-28    Sec. 2.  NRS 202.366 is hereby amended to read as follows:

3-29    202.366  1.  Upon receipt by a sheriff of an application for a permit,

3-30  the sheriff shall conduct an investigation of the applicant to determine if he

3-31  is eligible for a permit. In conducting the investigation, the sheriff shall

3-32  forward a complete set of the applicant’s fingerprints to the central

3-33  repository for Nevada records of criminal history and the Federal Bureau

3-34  of Investigation for a report concerning the criminal history of the

3-35  applicant. The sheriff shall issue a permit to the applicant unless he is not

3-36  qualified to possess a handgun pursuant to state or federal law or is not

3-37  otherwise qualified to obtain a permit pursuant to NRS 202.3653 to

3-38  202.369, inclusive, or the regulations adopted pursuant thereto.

3-39    2.  To assist the sheriff in conducting his investigation, any local law

3-40  enforcement agency, including the sheriff of any county, may voluntarily

3-41  submit to the sheriff a report or other information concerning the criminal

3-42  history of an applicant.

3-43    3.  Within 120 days after a complete application for a permit is

3-44  submitted, the sheriff to whom the application is submitted shall grant or

3-45  deny the application. If the application is denied, the sheriff shall send the

3-46  applicant written notification setting forth the reasons for the denial. If the

3-47  application is granted, the sheriff shall provide the applicant with a permit

3-48  containing a colored photograph of the applicant and containing such other

4-1  information as may be prescribed by the department. The permit must be in

4-2  substantially the following form:

 

4-3  NEVADA CONCEALED FIREARM PERMIT

 

4-4  County.........................           Permit Number........

4-5  Expires.........................           Date of Birth............

4-6  Height..........................           Weight....................

4-7  Name...........................           Address..................

4-8  City..............................           Zip..........................

 

4-9                                                   Photograph

 

4-10  Signature............

4-11  Issued by...........

4-12  Date of Issue......

4-13  Make, model and caliber of [firearm] each authorized firearm...........................................

 

4-14    4.  Unless suspended or revoked by the sheriff who issued the permit, a

4-15  permit expires on the fifth anniversary of the permittee’s birthday,

4-16  measured from the birthday nearest the date of issuance or renewal. If the

4-17  date of birth of a permittee is on February 29 in a leap year, for the

4-18  purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be

4-19  deemed to be on February 28.

4-20    Sec. 3.  A person who has a permit to carry a concealed firearm in this

4-21  state that was issued before October 1, 2001, and who wishes to carry any

4-22  firearm that is not listed on his current permit must:

4-23    1.  Obtain a new permit from the sheriff; and

4-24    2.  Pay to the sheriff the fee prescribed for obtaining a duplicate permit

4-25  pursuant to NRS 202.367, unless he is renewing his permit pursuant to

4-26  NRS 202.3677, in which case he must pay the fee prescribed for renewal of

4-27  a permit pursuant to NRS 202.3677.

 

4-28  H