SB20_EN

Senate Bill No. 20–Senator Washington

CHAPTER..........

AN ACT relating to firearms; allowing a person who is not a resident of this state to obtain a permit to carry a concealed firearm in this state; 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 who is a resident of this state may apply to

the sheriff of the county in which he resides for a permit on a form

prescribed by regulation of the department. Any person who is not a

resident of this state may apply to the sheriff of any county in this state

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 specific firearms to any person who is

qualified to possess a 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)] (b) Is not prohibited from possessing a firearm pursuant to NRS

202.360; and

[(d)] (c) Demonstrates competence with a 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.

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 3which 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;

sheriff or his agent;

(d) [The] If the applicant is a resident of this state, the applicant’s

driver’s license number or identification card number issued by the

department;

(e) If the applicant is not a resident of this state, the applicant’s

driver’s license number or identification card number issued by another

state or jurisdiction;

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

application pertains;

[(f)] (g) A nonrefundable fee in the amount necessary to obtain the

report required pursuant to subsection 1 of NRS 202.366; and

[(g)] (h) 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 authorized......................

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

permit expires :

(a) If the permittee was a resident of this state at the time the permit

was issued, on the fifth anniversary of the permittee’s birthday, measured

from the birthday nearest the date of issuance or renewal.

(b) If the permittee was not a resident of this state at the time the

permit was issued, on the third anniversary of the permittee’s birthday,

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

5. 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. NRS 202.3663 is hereby amended to read as follows:

202.3663 If an application for a permit is denied by a sheriff, the

applicant who submitted the application may seek a judicial review of the

denial by filing a petition in the district court for the county in which the

applicant [resides.] filed his application for a permit. A judicial review

conducted pursuant to this section must be limited to a determination of

whether the denial was arbitrary, capricious or otherwise characterized by

an abuse of discretion and must be conducted in accordance with the

procedures set forth in chapter 233B of NRS for reviewing a final decision

of an agency.

²⁰~~~~~⁰¹