Senate Bill No. 20–Senator Washington
Prefiled January 11, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing weapons. (BDR 15‑12)
FISCAL NOTE: Effect on Local Government: No.
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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 peace officers must be allowed to purchase badges indicating that they
are honorably retired and therefore exempt from certain laws pertaining to
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 this section, NRS
2-24 202.3653 to 202.369,
inclusive, and sections 2 and 4 of this act may carry
2-25 a concealed firearm in this
state in accordance with the requirements set
2-26 forth in this section.
2-27 2. Except as otherwise
provided in subsection 3, a person who is
2-28 authorized to carry a
concealed firearm pursuant to subsection 1 and
2-29 who wishes to carry a
concealed firearm in this state must:
2-30 (a) Report to the sheriff of the county in which he is present;
2-31 (b) Obtain from the sheriff a sticker to be affixed to his permit
to carry
2-32 a concealed firearm and a
printed copy of the provisions of this section,
2-33 NRS 202.3653 to 202.369,
inclusive, and sections 2 and 4 of this act; and
2-34 (c) Pay to the sheriff a fee equal to the cost of providing the
sticker
2-35 and the printed copy of the
provisions of this section, NRS 202.3653 to
2-36 202.369, inclusive, and
sections 2 and 4 of this act.
2-37 3. A person is not required
to comply with the provisions of
2-38 subsection 2 if the person:
2-39 (a) Is present in this state for a period of less than 72 hours; or
2-40 (b) Previously obtained a sticker and a printed copy of the
provisions
2-41 of this section, NRS
202.3653 to 202.369, inclusive, and sections 2 and 4
2-42 of this act pursuant to
subsection 2 and has in his possession a valid
2-43 permit to carry a concealed
firearm that has the sticker affixed to the
2-44 permit.
2-45 4. A person who carries a
concealed firearm pursuant to this section
2-46 is subject to the same legal
restrictions and requirements imposed upon a
2-47 person who has been issued a
permit to carry a concealed firearm by a
2-48 sheriff in this state.
3-1 Sec. 4. 1. The Nevada Sheriffs and Chiefs Association
shall, not
3-2 later than July 1 of each
year:
3-3 (a) Examine the requirements for the issuance of a permit to carry
a
3-4 concealed firearm in each
state and determine whether the requirements
3-5 of each state are substantially
similar to the requirements set forth in this
3-6 section, NRS 202.3653 to
202.369, inclusive, and sections 2 and 3 of this
3-7 act;
3-8 (b) Prepare a list that includes each state whose requirements for
the
3-9 issuance of a permit to carry
a concealed firearm are substantially
3-10 similar to the requirements
set forth in this section, NRS 202.3653 to
3-11 202.369, inclusive, and
sections 2 and 3 of this act; and
3-12 (c) Provide a copy of the list prepared pursuant to paragraph (b) to
3-13 each law enforcement agency
in this state.
3-14 2. The Nevada Sheriffs and
Chiefs Association shall, upon request,
3-15 make the list prepared
pursuant to subsection 1 available to the general
3-16 public.
3-17 3. If the Nevada Sheriffs
and Chiefs Association ceases to exist, its
3-18 legal successor shall
perform the duties set forth in this section. If the
3-19 legal successor to the
Nevada Sheriffs and Chiefs Association ceases to
3-20 exist or if there is no
legal successor to the Nevada Sheriffs and Chiefs
3-21 Association, the department
shall perform the duties set forth in this
3-22 section.
3-23 Sec. 5. NRS
202.3653 is hereby amended to read as follows:
3-24 202.3653 As used in NRS 202.3653 to 202.369,
inclusive, and
3-25 sections 2, 3 and 4 of this
act,
unless the context otherwise requires:
3-26 1. “Concealed firearm” means a loaded or unloaded
pistol, revolver or
3-27 other firearm which is carried upon a person in such
a manner as not to be
3-28 discernible by ordinary observation.
3-29 2. “Department” means the department of motor
vehicles and public
3-30 safety.
3-31 3. “Permit” means a permit to carry a concealed
firearm issued
3-32 pursuant to the provisions of NRS 202.3653 to
202.369, inclusive [.] , and
3-33 sections 2, 3 and 4 of this
act.
3-34 Sec. 6. NRS
202.3657 is hereby amended to read as follows:
3-35 202.3657 1. Any
person may apply to the sheriff of the county in
3-36 which he resides for a permit on a form prescribed
by regulation of the
3-37 department. Application forms for permits must be
furnished by the sheriff
3-38 of each county upon request.
3-39 2. Except as otherwise provided in this section,
the sheriff shall issue a
3-40 permit [for no more
than two specific firearms]
to any person who is
3-41 qualified to possess a firearm under state and
federal law, who submits an
3-42 application in accordance with the provisions of
this section and who:
3-43 (a) Is a
resident of this state;
3-44 (b) Is 21
years of age or older;
3-45 (c) Is not
prohibited from possessing a firearm pursuant to NRS
3-46 202.360; and
3-47 (d) Demonstrates
competence with a firearm by presenting a certificate
3-48 or other documentation to the sheriff which shows
that he:
4-1 (1) Successfully
completed a course in firearm safety approved by a
4-2 sheriff in this state; or
4-3 (2) Successfully
completed a course in firearm safety offered by a
4-4 federal, state or local law enforcement agency,
community college,
4-5 university or national organization that certifies
instructors in firearm
4-6 safety.
4-7 Such a course must include instruction in the use of
[each firearm to which
4-8 the application
pertains] a
firearm and in the laws of this state relating to
4-9 the [proper] use of a firearm. A
sheriff may not approve a course in firearm
4-10 safety pursuant to subparagraph (1) unless he
determines that the course
4-11 meets any standards that are established by the
Nevada Sheriffs and Chiefs
4-12 Association, or if the Nevada Sheriffs and Chiefs
Association ceases to
4-13 exist, its legal successor.
4-14 3. A permit issued by a
sheriff pursuant to subsection 2 allows a
4-15 permittee to carry any
firearm that the permittee has been approved to
4-16 carry by the sheriff
pursuant to section 2 of this act.
4-17 4. The sheriff shall deny an
application or revoke a permit if he
4-18 determines that the applicant or permittee:
4-19 (a) Has an
outstanding warrant for his arrest.
4-20 (b) Has been
judicially declared incompetent or insane.
4-21 (c) Has been
voluntarily or involuntarily admitted to a mental health
4-22 facility during the immediately preceding 5 years.
4-23 (d) Has
habitually used intoxicating liquor or a controlled substance to
4-24 the extent that his normal faculties are impaired.
For the purposes of this
4-25 paragraph, it is presumed that a person has so used
intoxicating liquor or a
4-26 controlled substance if, during the immediately
preceding 5 years, he has
4-27 been:
4-28 (1) Convicted of violating the provisions of NRS 484.379; or
4-29 (2) Committed
for treatment pursuant to NRS 458.290 to 458.350,
4-30 inclusive.
4-31 (e) Has been
convicted of a crime involving the use or threatened use of
4-32 force or violence punishable as a misdemeanor under
the laws of this or
4-33 any other state, or a territory or possession of the
United States at any time
4-34 during the immediately preceding [3] 5 years.
4-35 (f) Has been
convicted of a felony in this state or under the laws of any
4-36 state, territory or possession of the United States.
4-37 (g) Has been
convicted of a crime involving domestic violence or
4-38 stalking, or is currently subject to a restraining
order, injunction or other
4-39 order for protection against domestic violence.
4-40 (h) Is
currently on parole or probation from a conviction obtained in this
4-41 state or in any other state or territory or
possession of the United States.
4-42 (i) Has,
within the immediately preceding 5 years, been subject to any
4-43 requirements imposed by a court of this state or of
any other state or
4-44 territory or possession of the United States, as a
condition to the court’s:
4-45 (1) Withholding
of the entry of judgment for his conviction of a
4-46 felony; or
4-47 (2) Suspension
of his sentence for the conviction of a felony.
4-48 (j) Has made
a false statement on any application for a permit or for the
4-49 renewal of a permit.
5-1 [4.] 5. The sheriff may
deny an application or revoke a permit if he
5-2 receives a sworn affidavit stating articulable facts
based upon personal
5-3 knowledge from any natural person who is 18 years of
age or older that the
5-4 applicant or permittee has or may have committed an
offense or engaged in
5-5 any other activity specified in subsection [3] 4 which would preclude the
5-6 issuance of a permit to the applicant or require the
revocation of a permit
5-7 pursuant to this section.
5-8 [5.] 6. If the sheriff
receives notification submitted by a court or law
5-9 enforcement agency of this or any other state, the
United States or a
5-10 territory or possession of the United States that a
permittee or an applicant
5-11 for a permit has been charged with a crime involving
the use or threatened
5-12 use of force or violence, the conviction for which
would require the
5-13 revocation of a permit or preclude the issuance of a
permit to the applicant
5-14 pursuant to this section, the sheriff shall suspend
the person’s permit or the
5-15 processing of his application until the final
disposition of the charges
5-16 against him. If a permittee is acquitted of the
charges against him, or if the
5-17 charges are dropped, the sheriff shall restore his
permit without imposing a
5-18 fee.
5-19 [6.] 7. An application
submitted pursuant to this section must be
5-20 completed and signed under oath by the applicant.
The applicant’s
5-21 signature must be witnessed by an employee of the
sheriff or notarized by a
5-22 notary public. The application must include:
5-23 (a) The name,
address, place and date of birth, social security number,
5-24 occupation and employer of the applicant and any
other names used by the
5-25 applicant;
5-26 (b) A
complete set of the applicant’s fingerprints taken by the sheriff or
5-27 his agent;
5-28 (c) A
front-view colored photograph of the applicant taken by the
5-29 sheriff or his agent;
5-30 (d) The
applicant’s driver’s license number or identification card
5-31 number issued by the department;
5-32 (e) The make,
model and caliber of each firearm [to which
the
5-33 application
pertains;] that
the applicant wishes to receive approval to
5-34 carry;
5-35 (f) For each firearm described in paragraph (e), a certificate or
other
5-36 documentation that complies
with the requirements of subsection 1 of
5-37 section 2 of this act;
5-38 (g) A nonrefundable fee in the amount necessary to obtain the report
5-39 required pursuant to subsection 1 of NRS 202.366;
and
5-40 [(g)]
(h) A nonrefundable fee set by the sheriff not to
exceed $60.
5-41 Sec. 7. NRS
202.366 is hereby amended to read as follows:
5-42 202.366 1. Upon
receipt by a sheriff of an application for a permit,
5-43 the sheriff shall conduct an investigation of the
applicant to determine if he
5-44 is eligible for a permit. In conducting the
investigation, the sheriff shall
5-45 forward a complete set of the applicant’s
fingerprints to the central
5-46 repository for Nevada records of criminal history
and the Federal Bureau
5-47 of Investigation for a report concerning the
criminal history of the
5-48 applicant. The sheriff shall issue a permit to the
applicant unless he is not
5-49 qualified to possess a handgun pursuant to state or
federal law or is not
6-1 otherwise qualified to obtain a permit pursuant to
NRS 202.3653 to
6-2 202.369, inclusive, and sections
2, 3 and 4 of this act or the regulations
6-3 adopted pursuant thereto.
6-4 2. To assist the sheriff in conducting his
investigation, any local law
6-5 enforcement agency, including the sheriff of any
county, may voluntarily
6-6 submit to the sheriff a report or other information
concerning the criminal
6-7 history of an applicant.
6-8 3. Within 120 days after a complete application
for a permit is
6-9 submitted, the sheriff to whom the application is
submitted shall grant or
6-10 deny the application. If the application is denied,
the sheriff shall send the
6-11 applicant written notification setting forth the
reasons for the denial. If the
6-12 application is granted, the sheriff shall provide
the applicant with a permit
6-13 [containing a
colored photograph of the applicant and containing such
6-14 other information
as may be prescribed by the department. The permit must
6-15 be in
substantially the following form:
6-16 NEVADA CONCEALED
FIREARM PERMIT
6-17 County......................... Permit Number..
6-18 Expires......................... Date of Birth......
6-19 Height.......................... Weight..............
6-20 Name........................... Address............
6-21 City.............................. Zip....................
6-22 Photograph
6-23 Signature.................
6-24 Issued by.................
6-25 Date of Issue...........
6-26 Make, model and
caliber of firearm authorized................................................. ]
6-27 that:
6-28 (a) Includes a color photograph of the applicant;
6-29 (b) Contains any information that is required by the department or
by
6-30 an ordinance of the county
in which the permit is issued;
6-31 (c) Prominently displays in bold type the phrase “STATE OF
6-32 NEVADA CONCEALED FIREARM
PERMIT”; and
6-33 (d) Does not include the social security number of the applicant.
6-34 4. Unless suspended or revoked by the sheriff
who issued the permit, a
6-35 permit expires on the fifth anniversary of the
permittee’s birthday,
6-36 measured from the birthday nearest the date of
issuance or renewal. If the
6-37 date of birth of a permittee is on February 29 in a
leap year, for the
6-38 purposes of NRS 202.3653 to 202.369, inclusive, and sections 2, 3 and 4
6-39 of this act, his date of birth shall be
deemed to be on February 28.
6-40 Sec. 8. Chapter 289 of NRS is hereby amended by
adding thereto a
6-41 new section to read as follows:
6-42 1. Except as otherwise
provided in subsection 2, if a peace officer
6-43 who has at least 10 years of
service retires pursuant to chapter 286 of
6-44 NRS, he must be allowed to
purchase from his former employer a badge
6-45 indicating that he is
honorably retired. The former employer shall charge
6-46 a peace officer who
purchases a badge pursuant to this section a fee
6-47 equal to the cost of
providing the badge.
7-1 2. The provisions of this
section do not apply to a peace officer who
7-2 was discharged for cause or
who resigned before the final disposition of
7-3 allegations of serious
misconduct.
7-4 Sec. 9. The
Nevada Sheriffs and Chiefs Association shall prepare the
7-5 initial list required by section 4 of this act and
provide a copy of that list to
7-6 each law enforcement agency in this state not later
than October 1, 2001.
7-7 Sec. 10. A
person who has a permit to carry a concealed firearm in
7-8 this state that was issued before October 1, 2001,
and who wishes to carry
7-9 any firearm that is not listed on his current permit
must:
7-10 1. Obtain approval for each such firearm from
the sheriff of the county
7-11 in which he resides in the manner provided in
section 2 of this act;
7-12 2. Obtain from the sheriff a new permit that
complies with the
7-13 provisions of NRS 202.366, as amended by this act;
and
7-14 3. Pay to the sheriff the fee prescribed for
obtaining a duplicate permit
7-15 pursuant to NRS 202.367, unless he is renewing his
permit pursuant to
7-16 NRS 202.3677, in which case he must pay the fee
prescribed for renewal of
7-17 a permit pursuant to NRS 202.3677.
7-18 H