Senate Bill No. 172–Senator Rawson

 

CHAPTER..........

 

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:

 

   Section 1.  NRS 202.3657 is hereby amended to read as follows:

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

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

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

 of each county upon request.

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

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

 who is qualified to possess [a] each firearm under state and federal law,

 who submits an application in accordance with the provisions of this

 section and who:

   (a) Is a resident of this state;

   (b) Is 21 years of age or older;

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

 202.360; and

   (d) Demonstrates competence with [a] each firearm by presenting a

 certificate or other documentation to the sheriff which shows that he:

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

 sheriff in this state; or

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

 federal, state or local law enforcement agency, community college,

 university or national organization that certifies instructors in firearm

 safety.

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

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

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

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

 any standards that are established by the Nevada Sheriffs and Chiefs

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

 exist, its legal successor.

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

 determines that the applicant or permittee:

   (a) Has an outstanding warrant for his arrest.

   (b) Has been judicially declared incompetent or insane.

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

 facility during the immediately preceding 5 years.

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

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

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

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

 been:

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

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

inclusive.

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

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

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

 during the immediately preceding 3 years.

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

 state, territory or possession of the United States.

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

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

 order for protection against domestic violence.

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

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

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

 requirements imposed by a court of this state or of any other state or

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

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

 felony; or

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

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

 renewal of a permit.

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

 receives a sworn affidavit stating articulable facts based upon personal

 knowledge from any natural person who is 18 years of age or older that

 the applicant or permittee has or may have committed an offense or

 engaged in any other activity specified in subsection 3 which would

 preclude the issuance of a permit to the applicant or require the revocation

 of a permit pursuant to this section.

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

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

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

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

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

 revocation of a permit or preclude the issuance of a permit to the applicant

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

 processing of his application until the final disposition of the charges

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

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

 fee.

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

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

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

 The application must include:

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

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

 the applicant;

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

 his agent;

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

 sheriff or his agent;

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

number issued by the department;

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

 application pertains;

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

 required pursuant to subsection 1 of NRS 202.366; and

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

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

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

 the sheriff shall conduct an investigation of the applicant to determine if

 he is eligible for a permit. In conducting the investigation, the sheriff shall

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

 repository for Nevada records of criminal history and the Federal Bureau

 of Investigation for a report concerning the criminal history of the

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

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

 otherwise qualified to obtain a permit pursuant to NRS 202.3653 to

 202.369, inclusive, or the regulations adopted pursuant thereto.

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

 enforcement agency, including the sheriff of any county, may voluntarily

 submit to the sheriff a report or other information concerning the criminal

 history of an applicant.

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

 submitted, the sheriff to whom the application is submitted shall grant or

 deny the application. If the application is denied, the sheriff shall send the

 applicant written notification setting forth the reasons for the denial. If the

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

 containing a colored photograph of the applicant and containing such other

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

 in substantially the following form:

 

NEVADA CONCEALED FIREARM PERMIT

 

County.................. ....... Permit Number         

Expires.................. .......... Date of Birth         

Height.................... ................... Weight         

Name..................... ................. Address         

City.................................           Zip.............................

 

                                          Photograph

 

Signature................

Issued by...............

Date of Issue..........

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

 

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

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

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

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

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

deemed to be on February 28.

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

 state that was issued before July 1, 2002, and who wishes to carry any

 firearm that is not listed on his current permit must:

   1.  Obtain a new permit from the sheriff; and

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

 pursuant to NRS 202.367, unless he is renewing his permit pursuant to

 NRS 202.3677, in which case he must pay the fee prescribed for renewal

 of a permit pursuant to NRS 202.3677.

   Sec. 4.  This act becomes effective on July 1, 2002.

 

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