Senate Bill No. 18–Senator Washington
Prefiled January 11, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to orders for
protection against domestic violence, visitation and custody. (BDR 3‑11)
FISCAL NOTE: Effect on Local Government: No.
~
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 family law; requiring the court to impose sanctions in certain
circumstances against a person who files an application for an order for
protection against domestic violence containing a false or intentionally
misleading statement concerning the adverse party; requiring the court under
certain circumstances to order additional visitation with a child; requiring
the court to consider certain factors before awarding custody of a child to a
parent or other person; 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 33 of
NRS is hereby amended by adding thereto a
1-2 new section to read as follows:
1-3 1. Except
as otherwise provided in this section, at any hearing that is
1-4 held concerning a
temporary order or an application to convert a
1-5 temporary order
into an extended order, the court shall permit the
1-6 adverse party to
present any relevant evidence which tends to show that
1-7 the applicant
filed an application which the applicant knew or
1-8 reasonably should
have known contained a statement of material fact
1-9 concerning the
adverse party that was false or intentionally misleading.
1-10 2. After
considering any evidence that is presented pursuant to
1-11 subsection 1, the
court shall impose sanctions against the applicant, as
1-12 set forth in
subsection 3, if the court finds by a preponderance of the
1-13 evidence:
1-14 (a) That no act of domestic violence has
occurred or that no threat of
1-15 domestic violence
exists; and
2-1 (b) That the applicant filed an application
which the applicant knew
2-2 or reasonably
should have known contained a statement of material fact
2-3 concerning the
adverse party that was false or intentionally misleading.
2-4 3. If
the court makes the findings set forth in subsection 2, the court
2-5 shall:
2-6 (a) Assess against the applicant all costs and
official fees related to the
2-7 temporary order
and any application to convert the temporary order into
2-8 an extended
order, including, without limitation, all costs and official
2-9 fees incurred by
the adverse party in defending against the temporary
2-10 order and any
application to convert the temporary order into an
2-11 extended order;
2-12 (b) Order the applicant to reimburse the
adverse party, in an amount
2-13 determined by the
court, for all attorney’s fees incurred by the adverse
2-14 party in
defending against the temporary order and any application to
2-15 convert the
temporary order into an extended order;
2-16 (c) If any rights of the adverse party to
visit a child who is in the
2-17 custody of the
applicant were deprived because of the temporary order:
2-18 (1) Order the applicant to permit additional
visits with the child to
2-19 compensate the
adverse party for any deprived visits with the child in
2-20 accordance with
the provisions of NRS 125C.020, 125C.030 and
2-21 125C.040, if the
court has jurisdiction concerning visitation with the
2-22 child; or
2-23 (2) Transmit the findings that were made
pursuant to subsection 2
2-24 to the
appropriate court that has jurisdiction concerning visitation with
2-25 the child; and
2-26 (d) If any rights to custody of a child of the
applicant or the adverse
2-27 party are at
issue:
2-28 (1) Consider the findings that were made
pursuant to subsection 2
2-29 as a factor in
determining custody pursuant to NRS 125.480, if the court
2-30 has jurisdiction
concerning custody of the child; or
2-31 (2) Transmit the findings that were made
pursuant to subsection 2
2-32 to the
appropriate court that has jurisdiction concerning custody of the
2-33 child.
2-34 4. In
addition to the other requirements set forth in subsection 3, if
2-35 the court makes
the findings set forth in subsection 2:
2-36 (a) The court shall transmit, by the end of
the next business day after
2-37 the findings are
made, a copy of the findings to each law enforcement
2-38 agency to which
the temporary order was transmitted pursuant to NRS
2-39 33.060; and
2-40 (b) The clerk of the court shall issue,
without fee, a copy of the
2-41 findings to the
adverse party and shall transmit a copy of the findings to
2-42 the central
repository for Nevada records of criminal history in the same
2-43 manner that other
information is transmitted to the central repository
2-44 pursuant to NRS
33.095.
2-45 5. The
court may prohibit the adverse party from presenting any
2-46 evidence that is
described in subsection 1 if, at any earlier hearing
2-47 concerning the
temporary order or any application to convert the
2-48 temporary order
into an extended order, the adverse party presented the
3-1 same or similar
evidence to the court or had the opportunity to present
3-2 such evidence to
the court but failed to do so.
3-3 6. The
sanctions provided for in this section are in addition to and
3-4 not in lieu of
any other criminal or civil sanction, penalty or remedy that
3-5 is provided by
law, and the provisions of this section must not be
3-6 construed so as
to prohibit the adverse party or this state or its political
3-7 subdivisions from
seeking or obtaining any other criminal or civil
3-8 sanction, penalty
or remedy that is provided by law.
3-9 7. The
provisions of this section do not apply to an order for
3-10 protection
against domestic violence which is issued to a person by a
3-11 court of another
state, territory or Indian tribe within the United States
3-12 and which is
registered in this state pursuant to NRS 33.090.
3-13 Sec. 2. NRS
33.017 is hereby amended to read as follows:
3-14 33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of
3-15 this act, unless the context
otherwise requires:
3-16 1. “Extended order” means an extended order for
protection against
3-17 domestic violence.
3-18 2. “Temporary order” means a temporary order for
protection against
3-19 domestic violence.
3-20 Sec. 3. NRS
33.050 is hereby amended to read as follows:
3-21 33.050 1. Except as otherwise provided in section
1 of this act:
3-22 (a) The payment of all costs and official fees must be
deferred for any
3-23 applicant for a temporary or extended order [.] ; and
3-24 (b) After any hearing and no later than final
disposition of the
3-25 application or order, the court shall assess the
costs and fees against the
3-26 adverse party, except that the court may reduce them
or waive them, as
3-27 justice may require.
3-28 2. The clerk of the court shall provide each
party, free of cost, with
3-29 information about the:
3-30 (a) Availability
of temporary and extended orders;
3-31 (b) Procedure
for filing an application for an order; [and]
3-32 (c) Right to
proceed without legal counsel [.] ; and
3-33 (d) Sanctions for filing an application for an
order which contains a
3-34 statement of
material fact concerning the adverse party that is false or
3-35 intentionally
misleading.
3-36 3. The clerk of the court or other person
designated by the court shall
3-37 assist any party in completing and filing the
application, affidavit and any
3-38 other paper or pleading necessary to initiate or
respond to an application
3-39 for a temporary or extended order. This assistance
does not constitute the
3-40 practice of law, but the clerk shall not render any
advice or service that
3-41 requires the professional judgment of an attorney.
3-42 Sec. 4. Chapter
125 of NRS is hereby amended by adding thereto the
3-43 provisions set forth as sections 5 to 13, inclusive,
of this act.
3-44 Sec. 5. As used in NRS
125.560 and sections 5 to 13, inclusive, of
3-45 this act, unless
the context otherwise requires, the words and terms
3-46 defined in
sections 6 to 11, inclusive, of this act have the meanings
3-47 ascribed to them
in those sections.
3-48 Sec. 6. “Adverse party” means
a person against whom a temporary
3-49 or extended order
is sought.
4-1 Sec. 7. “Applicant” means a
person who files an application.
4-2 Sec. 8. “Application” means
an application, motion or other similar
4-3 document which is
filed with the court and which requests that the court
4-4 issue a temporary
or extended order against the adverse party named in
4-5 the application,
motion or other similar document.
4-6 Sec. 9. “Extended order”
means an order or injunction which is in
4-7 the nature of an
order for protection against domestic violence and
4-8 which is in
effect for a period that exceeds 30 days.
4-9 Sec. 10. “Order or injunction
which is in the nature of an order for
4-10 protection
against domestic violence” means a restraining order or
4-11 injunction that:
4-12 1. Is
issued in an action or proceeding brought pursuant to this Title;
4-13 and
4-14 2. Grants
relief which might be given in an order for protection
4-15 against domestic
violence that is issued pursuant to NRS 33.017 to
4-16 33.100,
inclusive.
4-17 Sec. 11. “Temporary order”
means an order or injunction which is
4-18 in the nature of
an order for protection against domestic violence and
4-19 which is in
effect for a period not exceeding 30 days.
4-20 Sec. 12. 1. Except as otherwise provided in this section,
at any
4-21 hearing that is
held concerning a temporary order or an application to
4-22 convert a
temporary order into an extended order, the court shall permit
4-23 the adverse party
to present any relevant evidence which tends to show
4-24 that the
applicant filed an application which the applicant knew or
4-25 reasonably should
have known contained a statement of material fact
4-26 concerning the
adverse party that was false or intentionally misleading.
4-27 2. After
considering any evidence that is presented pursuant to
4-28 subsection 1, the
court shall impose sanctions against the applicant, as
4-29 set forth in
subsection 3, if the court finds by a preponderance of the
4-30 evidence:
4-31 (a) That no act of domestic violence has
occurred or that no threat of
4-32 domestic violence
exists; and
4-33 (b) That the applicant filed an application
which the applicant knew
4-34 or reasonably
should have known contained a statement of material fact
4-35 concerning the
adverse party that was false or intentionally misleading.
4-36 3. If
the court makes the findings set forth in subsection 2, the court
4-37 shall:
4-38 (a) Assess against the applicant all costs and
official fees related to the
4-39 temporary order
and any application to convert the temporary order into
4-40 an extended
order, including, without limitation, all costs and official
4-41 fees incurred by
the adverse party in defending against the temporary
4-42 order and any application
to convert the temporary order into an
4-43 extended order;
4-44 (b) Order the applicant to reimburse the
adverse party, in an amount
4-45 determined by the
court, for all attorney’s fees incurred by the adverse
4-46 party in
defending against the temporary order and any application to
4-47 convert the
temporary order into an extended order;
5-1 (c) If any rights of the adverse party to
visit a child who is in the
5-2 custody of the
applicant were deprived because of the temporary order,
5-3 order the
applicant to permit additional visits with the child to
5-4 compensate the
adverse party for any deprived visits with the child in
5-5 accordance with
the provisions of NRS 125C.020, 125C.030 and
5-6 125C.040; and
5-7 (d) If any rights to custody of a child of the
applicant or the adverse
5-8 party are at
issue, consider the findings that were made pursuant to
5-9 subsection 2 as a
factor in determining custody pursuant to NRS
5-10 125.480.
5-11 4. In
addition to the other requirements set forth in subsection 3, if
5-12 the court makes
the findings set forth in subsection 2:
5-13 (a) The court shall transmit, by the end of
the next business day after
5-14 the findings are
made, a copy of the findings to each law enforcement
5-15 agency to which
the temporary order was transmitted pursuant to NRS
5-16 33.060; and
5-17 (b) The clerk of the court shall issue,
without fee, a copy of the
5-18 findings to the
adverse party and shall transmit a copy of the findings to
5-19 the central
repository for Nevada records of criminal history in the same
5-20 manner that other
information is transmitted to the central repository
5-21 pursuant to NRS
33.095.
5-22 5. The
court may prohibit the adverse party from presenting any
5-23 evidence that is
described in subsection 1 if, at any earlier hearing
5-24 concerning the
temporary order or an application to convert the
5-25 temporary order
into an extended order, the adverse party presented the
5-26 same or similar
evidence to the court or had the opportunity to present
5-27 such evidence to
the court but failed to do so.
5-28 6. The
sanctions provided for in this section are in addition to and
5-29 not in lieu of
any other criminal or civil sanction, penalty or remedy that
5-30 is provided by
law, and the provisions of this section must not be
5-31 construed so as
to prohibit the adverse party or this state or its political
5-32 subdivisions from
seeking or obtaining any other criminal or civil
5-33 sanction, penalty
or remedy that is provided by law.
5-34 7. The
provisions of this section do not apply to a temporary or
5-35 extended order
which is issued to a person by a court of another state,
5-36 territory or
Indian tribe within the United States and which is registered
5-37 in this state
pursuant to NRS 33.090.
5-38 Sec. 13. If a court transmits
findings that were made pursuant to
5-39 subsection 2 of
section 1 of this act to a court that has jurisdiction
5-40 concerning
visitation or custody of a child pursuant to this Title, the
5-41 court that has
jurisdiction pursuant to this Title shall, with regard to the
5-42 applicant and
adverse party named in the findings:
5-43 1. If
any rights of the adverse party to visit a child who is in the
5-44 custody of the
applicant were deprived because of the temporary order,
5-45 order the
applicant to permit additional visits with the child to
5-46 compensate the
adverse party for any deprived visits with the child in
5-47 accordance with
the provisions of NRS 125C.020, 125C.030 and
5-48 125C.040; and
6-1 2. If
any rights to custody of a child of the applicant or the adverse
6-2 party are at
issue, consider the findings that were made pursuant to
6-3 subsection 2 of
section 1 of this act as a factor in determining custody
6-4 pursuant to NRS
125.480.
6-5 Sec. 14.
NRS 125.480 is hereby amended to read
as follows:
6-6 125.480 1. In
determining custody of a minor child in an action
6-7 brought under this chapter, the sole consideration
of the court is the best
6-8 interest of the child. If it appears to the court
that joint custody would be in
6-9 the best interest of the child, the court may grant
custody to the parties
6-10 jointly.
6-11 2. Preference must not be given to either parent
for the sole reason that
6-12 the parent is the mother or the father of the child.
6-13 3. The court shall award custody in the
following order of preference
6-14 unless in a particular case the best interest of the
child requires otherwise:
6-15 (a) To both
parents jointly pursuant to NRS 125.490 or to either parent.
6-16 If the court does not enter an order awarding joint
custody of a child after
6-17 either parent has applied for joint custody, the
court shall state in its
6-18 decision the reason for its denial of the parent’s
application. When
6-19 awarding custody to either parent, the court shall
consider, among other
6-20 factors, which parent is more likely to allow the
child to have frequent
6-21 associations and a continuing relationship with the
noncustodial parent.
6-22 (b) To a
person or persons in whose home the child has been living and
6-23 where the child has had a wholesome and stable
environment.
6-24 (c) To any
person related within the third degree of consanguinity to the
6-25 child whom the court finds suitable and able to
provide proper care and
6-26 guidance for the child, regardless of whether the
relative resides within this
6-27 state.
6-28 (d) To any
other person or persons whom the court finds suitable and
6-29 able to provide proper care and guidance for the
child.
6-30 4. In determining the best interest of the
child, the court shall consider,
6-31 among other things:
6-32 (a) The
wishes of the child if the child is of sufficient age and capacity
6-33 to form an intelligent preference as to his custody;
6-34 (b) Any
nomination by a parent of a guardian for the child; [and]
6-35 (c) Whether
either parent or any other person seeking custody has
6-36 engaged in an act of domestic violence against the
child, a parent of the
6-37 child or any other person residing with the child [.] ; and
6-38 (d) Whether either parent or any other person
seeking custody has
6-39 been sanctioned
by a court pursuant to section 1 or 12 of this act for
6-40 filing a false or
intentionally misleading application for an order for
6-41 protection
against domestic violence that named either parent or any
6-42 other person
involved in the custody proceeding as the adverse party.
6-43 5. Except as otherwise provided in subsection 6
or NRS 125C.210, a
6-44 determination by the court after an evidentiary
hearing and finding by clear
6-45 and convincing evidence that either parent or any
other person seeking
6-46 custody has engaged in one or more acts of domestic
violence against the
6-47 child, a parent of the child or any other person
residing with the child
6-48 creates a rebuttable presumption that sole or joint
custody of the child by
7-1 the perpetrator of the domestic violence is not in
the best interest of the
7-2 child. Upon making such a determination, the court
shall set forth:
7-3 (a) Findings
of fact that support the determination that one or more acts
7-4 of domestic violence occurred; and
7-5 (b) Findings
that the custody or visitation arrangement ordered by the
7-6 court adequately protects the child and the parent
or other victim of
7-7 domestic violence who resided with the child.
7-8 6. If , after an evidentiary hearing held pursuant to subsection
5 , the
7-9 court determines that each party has engaged in acts
of domestic violence,
7-10 it shall, if possible, then determine which person
was the primary physical
7-11 aggressor. In determining which party was the
primary physical aggressor
7-12 for the purposes of this section, the court shall
consider:
7-13 (a) All prior
acts of domestic violence involving either party;
7-14 (b) The
relative severity of the injuries, if any, inflicted upon the
7-15 persons involved in those prior acts of domestic
violence;
7-16 (c) The
likelihood of future injury;
7-17 (d) Whether,
during the prior acts, one of the parties acted in self-
7-18 defense; and
7-19 (e) Any other
factors which the court deems relevant to the
7-20 determination.
7-21 In such a case, if it is not possible for the court
to determine which party is
7-22 the primary physical aggressor, the presumption
created pursuant to
7-23 subsection 5 applies to both parties. If it is
possible for the court to
7-24 determine which party is the primary physical
aggressor, the presumption
7-25 created pursuant to subsection 5 applies only to the
party determined by the
7-26 court to be the primary physical aggressor.
7-27 7. As used in this section, “domestic violence”
means the commission
7-28 of any act described in NRS 33.018.
7-29 Sec. 15. NRS
125.560 is hereby amended to read as follows:
7-30 125.560 1. A
person who violates a [restraining order or
injunction:
7-31 (a) That is in the nature of a] temporary or extended order [for
7-32 protection against
domestic violence; and
7-33 (b) That ] that is issued in an action or proceeding
brought pursuant to
7-34 this Title [,]
7-35 is guilty of a misdemeanor, unless a more severe
penalty is prescribed by
7-36 law for the act that constitutes the violation of
the order . [or injunction.
7-37 For the purposes
of this subsection, an order or injunction is in the nature
7-38 of a temporary or
extended order for protection against domestic violence
7-39 if it grants
relief that might be given in a temporary or extended order
7-40 issued pursuant to
NRS 33.017 to 33.100, inclusive.]
7-41 2. If the violation is accompanied by a violent
physical act against a
7-42 person protected by the order , [or
injunction,] the court
shall:
7-43 (a) Impose
upon the person committing the act a fine of $1,000 or
7-44 require him to perform a minimum of 200 hours of
work for the
7-45 community;
7-46 (b) Sentence
him to imprisonment for not fewer than 5 days nor more
7-47 than 6 months;
8-1 (c) Order him
to reimburse the person obtaining the order , or
8-2 [injunction,] in an amount determined by the court, for
all costs and
8-3 attorney’s fees incurred by that person in seeking
to enforce the order ,
[or
8-4 injunction,] and for all medical expenses of the person
and any minor child
8-5 incurred as a result of the violent physical act;
and
8-6 (d) Order him
to participate in and complete a program of professional
8-7 counseling, at his own expense, if such counseling
is available.
8-8 3. The person committing the violation shall
comply with the order for
8-9 reimbursement of the person obtaining the order [or injunction]
before
8-10 paying any fine imposed pursuant to this section.
8-11 Sec. 16. NRS
179A.350 is hereby amended to read as follows:
8-12 179A.350 1. The
repository for information concerning orders for
8-13 protection against domestic violence is hereby
created within the central
8-14 repository.
8-15 2. Except as otherwise provided in [subsection 4,]
this section, the
8-16 repository for information concerning orders for
protection against
8-17 domestic violence must contain a complete and
systematic record of all
8-18 temporary and extended orders for protection against
domestic violence
8-19 issued or registered in the State of Nevada, in
accordance with regulations
8-20 adopted by the director of the department,
including, without limitation,
8-21 any information received pursuant to NRS 33.095.
Information received by
8-22 the central repository pursuant to NRS 33.095 must
be entered in the
8-23 repository for information concerning orders for
protection against
8-24 domestic violence not later than 8 hours after it is
received by the central
8-25 repository.
8-26 3. The information in the repository for
information concerning orders
8-27 for protection against domestic violence must be
accessible by computer at
8-28 all times to each agency of criminal justice.
8-29 4. The repository for information concerning
orders for protection
8-30 against domestic violence must not contain any
information concerning an
8-31 event that occurred before October 1, 1998.
8-32 5. If
the central repository receives from a clerk of a court a copy of
8-33 findings that
were made by a court pursuant to section 1 or 12 of this act
8-34 concerning the
invalidity of an order for protection against domestic
8-35 violence, the
central repository shall remove all information concerning
8-36 that order for
protection against domestic violence from the repository
8-37 for information
concerning orders for protection against domestic
8-38 violence.
8-39 Sec. 17. NRS
202.3657 is hereby amended to read as follows:
8-40 202.3657 1. Any
person may apply to the sheriff of the county in
8-41 which he resides for a permit on a form prescribed
by regulation of the
8-42 department. Application forms for permits must be
furnished by the sheriff
8-43 of each county upon request.
8-44 2. Except as otherwise provided in this section,
the sheriff shall issue a
8-45 permit for no more than two specific firearms to any
person who is
8-46 qualified to possess a firearm under state and
federal law, who submits an
8-47 application in accordance with the provisions of
this section and who:
9-1 (a) Is a
resident of this state;
9-2 (b) Is 21
years of age or older;
9-3 (c) Is not
prohibited from possessing a firearm pursuant to NRS
9-4 202.360; and
9-5 (d) Demonstrates
competence with a firearm by presenting a certificate
9-6 or other documentation to the sheriff which shows
that he:
9-7 (1) Successfully
completed a course in firearm safety approved by a
9-8 sheriff in this state; or
9-9 (2) Successfully
completed a course in firearm safety offered by a
9-10 federal, state or local law enforcement agency,
community college,
9-11 university or national organization that certifies
instructors in firearm
9-12 safety.
9-13 Such a course must include instruction in the use of
each firearm to which
9-14 the application pertains and in the laws of this
state relating to the proper
9-15 use of a firearm. A sheriff may not approve a course
in firearm safety
9-16 pursuant to subparagraph (1) unless he determines
that the course meets
9-17 any standards that are established by the Nevada
Sheriffs and Chiefs
9-18 Association, or if the Nevada Sheriffs and Chiefs
Association ceases to
9-19 exist, its legal successor.
9-20 3. The sheriff shall deny an application or
revoke a permit if he
9-21 determines that the applicant or permittee:
9-22 (a) Has an
outstanding warrant for his arrest.
9-23 (b) Has been
judicially declared incompetent or insane.
9-24 (c) Has been
voluntarily or involuntarily admitted to a mental health
9-25 facility during the immediately preceding 5 years.
9-26 (d) Has
habitually used intoxicating liquor or a controlled substance to
9-27 the extent that his normal faculties are impaired.
For the purposes of this
9-28 paragraph, it is presumed that a person has so used
intoxicating liquor or a
9-29 controlled substance if, during the immediately
preceding 5 years, he has
9-30 been:
9-31 (1) Convicted
of violating the provisions of NRS 484.379; or
9-32 (2) Committed
for treatment pursuant to NRS 458.290 to 458.350,
9-33 inclusive.
9-34 (e) Has been
convicted of a crime involving the use or threatened use of
9-35 force or violence punishable as a misdemeanor under
the laws of this or
9-36 any other state, or a territory or possession of the
United States at any time
9-37 during the immediately preceding 3 years.
9-38 (f) Has been
convicted of a felony in this state or under the laws of any
9-39 state, territory or possession of the United States.
9-40 (g) [Has]
Except as otherwise provided in
subsection 5, has been
9-41 convicted of a crime involving domestic violence or
stalking, or is
9-42 currently subject to a restraining order, injunction
or other order for
9-43 protection against domestic violence.
9-44 (h) Is
currently on parole or probation from a conviction obtained in this
9-45 state or in any other state or territory or
possession of the United States.
9-46 (i) Has,
within the immediately preceding 5 years, been subject to any
9-47 requirements imposed by a court of this state or of
any other state or
9-48 territory or possession of the United States, as a
condition to the court’s:
10-1 (1) Withholding
of the entry of judgment for his conviction of a
10-2 felony; or
10-3 (2) Suspension
of his sentence for the conviction of a felony.
10-4 (j) Has made
a false statement on any application for a permit or for the
10-5 renewal of a permit.
10-6 4. [The] Except as otherwise provided in subsection 5, the sheriff
may
10-7 deny an application or revoke a permit if he
receives a sworn affidavit
10-8 stating articulable facts based upon personal
knowledge from any natural
10-9 person who is 18 years of age or older that the
applicant or permittee has or
10-10 may have committed an offense or engaged in any
other activity specified
10-11 in subsection 3 which would preclude the issuance of
a permit to the
10-12 applicant or require the revocation of a permit
pursuant to this section.
10-13 5. If
the sheriff denies an application or revokes a permit because an
10-14 applicant or
permittee is currently subject to a restraining order,
10-15 injunction or
other order for protection against domestic violence, the
10-16 sheriff shall
restore the application or permit, without imposing a fee, if
10-17 the applicant or
permittee presents to the sheriff, within 30 days of entry
10-18 by the court, a
certified copy of findings that were made by the court
10-19 pursuant to
section 1 or 12 of this act concerning the invalidity of the
10-20 order or
injunction that was the basis for the sheriff denying the
10-21 application or
revoking the permit, unless the sheriff has other lawful
10-22 reasons to deny
the application or revoke the permit.
10-23 6. If the sheriff receives
notification submitted by a court or law
10-24 enforcement agency of this or any other state, the
United States or a
10-25 territory or possession of the United States that a
permittee or an applicant
10-26 for a permit has been charged with a crime involving
the use or threatened
10-27 use of force or violence, the conviction for which
would require the
10-28 revocation of a permit or preclude the issuance of a
permit to the applicant
10-29 pursuant to this section, the sheriff shall suspend
the person’s permit or the
10-30 processing of his application until the final
disposition of the charges
10-31 against him. If a permittee is acquitted of the
charges against him, or if the
10-32 charges are dropped, the sheriff shall restore his
permit without imposing a
10-33 fee.
10-34 [6.] 7. An application submitted pursuant to this
section must be
10-35 completed and signed under oath by the applicant. The
applicant’s
10-36 signature must be witnessed by an employee of the
sheriff or notarized by a
10-37 notary public. The application must include:
10-38 (a) The name,
address, place and date of birth, social security number,
10-39 occupation and employer of the applicant and any
other names used by the
10-40 applicant;
10-41 (b) A complete
set of the applicant’s fingerprints taken by the sheriff or
10-42 his agent;
10-43 (c) A
front-view colored photograph of the applicant taken by the
10-44 sheriff or his agent;
10-45 (d) The
applicant’s driver’s license number or identification card
10-46 number issued by the department;
10-47 (e) The make,
model and caliber of each firearm to which the
10-48 application pertains;
11-1 (f) A nonrefundable
fee in the amount necessary to obtain the report
11-2 required pursuant to subsection 1 of NRS 202.366;
and
11-3 (g) A
nonrefundable fee set by the sheriff not to exceed $60.
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