(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 20–Senator Washington

 

Prefiled January 11, 2001

 

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Allows resident of another state to obtain permit to carry concealed firearm in this state. (BDR 15‑12)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

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

 

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:

 

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

1-2    202.3657  1.  Any person who is a resident of this state may apply to

1-3  the sheriff of the county in which he resides for a permit on a form

1-4  prescribed by regulation of the department. Any person who is not a

1-5  resident of this state may apply to the sheriff of any county in this state

1-6  for a permit on a form prescribed by regulation of the department.

1-7  Application forms for permits must be furnished by the sheriff of each

1-8  county upon request.

1-9    2.  Except as otherwise provided in this section, the sheriff shall issue a

1-10  permit for no more than two specific firearms to any person who is

1-11  qualified to possess a firearm under state and federal law, who submits an

1-12  application in accordance with the provisions of this section and who:

1-13    (a) [Is a resident of this state;

1-14    (b)] Is 21 years of age or older;

1-15    [(c)] (b) Is not prohibited from possessing a firearm pursuant to NRS

1-16  202.360; and

1-17    [(d)] (c) Demonstrates competence with a firearm by presenting a

1-18  certificate or other documentation to the sheriff which shows that he:

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

1-20  sheriff in this state; or

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

2-2  federal, state or local law enforcement agency, community college,

2-3  university or national organization that certifies instructors in firearm

2-4  safety.

2-5  Such a course must include instruction in the use of each firearm to which

2-6  the application pertains and in the laws of this state relating to the [proper]

2-7  use of a firearm. A sheriff may not approve a course in firearm safety

2-8  pursuant to subparagraph (1) unless he determines that the course meets

2-9  any standards that are established by the Nevada Sheriffs and Chiefs

2-10  Association, or if the Nevada Sheriffs and Chiefs Association ceases to

2-11  exist, its legal successor.

2-12    3.  The sheriff shall deny an application or revoke a permit if he

2-13  determines that the applicant or permittee:

2-14    (a) Has an outstanding warrant for his arrest.

2-15    (b) Has been judicially declared incompetent or insane.

2-16    (c) Has been voluntarily or involuntarily admitted to a mental health

2-17  facility during the immediately preceding 5 years.

2-18    (d) Has habitually used intoxicating liquor or a controlled substance to

2-19  the extent that his normal faculties are impaired. For the purposes of this

2-20  paragraph, it is presumed that a person has so used intoxicating liquor or a

2-21  controlled substance if, during the immediately preceding 5 years, he has

2-22  been:

2-23      (1) Convicted of violating the provisions of NRS 484.379; or

2-24      (2) Committed for treatment pursuant to NRS 458.290 to 458.350,

2-25  inclusive.

2-26    (e) Has been convicted of a crime involving the use or threatened use of

2-27  force or violence punishable as a misdemeanor under the laws of this or

2-28  any other state, or a territory or possession of the United States at any time

2-29  during the immediately preceding 3 years.

2-30    (f) Has been convicted of a felony in this state or under the laws of any

2-31  state, territory or possession of the United States.

2-32    (g) Has been convicted of a crime involving domestic violence or

2-33  stalking, or is currently subject to a restraining order, injunction or other

2-34  order for protection against domestic violence.

2-35    (h) Is currently on parole or probation from a conviction obtained in this

2-36  state or in any other state or territory or possession of the United States.

2-37    (i) Has, within the immediately preceding 5 years, been subject to any

2-38  requirements imposed by a court of this state or of any other state or

2-39  territory or possession of the United States, as a condition to the court’s:

2-40      (1) Withholding of the entry of judgment for his conviction of a

2-41  felony; or

2-42      (2) Suspension of his sentence for the conviction of a felony.

2-43    (j) Has made a false statement on any application for a permit or for the

2-44  renewal of a permit.

2-45    4.  The sheriff may deny an application or revoke a permit if he

2-46  receives a sworn affidavit stating articulable facts based upon personal

2-47  knowledge from any natural person who is 18 years of age or older that the

2-48  applicant or permittee has or may have committed an offense or engaged in

2-49  any other activity specified in subsection 3which would preclude the

3-1  issuance of a permit to the applicant or require the revocation of a permit

3-2  pursuant to this section.

3-3    5.  If the sheriff receives notification submitted by a court or law

3-4  enforcement agency of this or any other state, the United States or a

3-5  territory or possession of the United States that a permittee or an applicant

3-6  for a permit has been charged with a crime involving the use or threatened

3-7  use of force or violence, the conviction for which would require the

3-8  revocation of a permit or preclude the issuance of a permit to the applicant

3-9  pursuant to this section, the sheriff shall suspend the person’s permit or the

3-10  processing of his application until the final disposition of the charges

3-11  against him. If a permittee is acquitted of the charges against him, or if the

3-12  charges are dropped, the sheriff shall restore his permit without imposing a

3-13  fee.

3-14    6.  An application submitted pursuant to this section must be completed

3-15  and signed under oath by the applicant. The applicant’s signature must be

3-16  witnessed by an employee of the sheriff or notarized by a notary public.

3-17  The application must include:

3-18    (a) The name, address, place and date of birth, social security number,

3-19  occupation and employer of the applicant and any other names used by the

3-20  applicant;

3-21    (b) A complete set of the applicant’s fingerprints taken by the sheriff or

3-22  his agent;

3-23    (c) A front-view colored photograph of the applicant taken by the

3-24  sheriff or his agent;

3-25    (d) [The] If the applicant is a resident of this state, the applicant’s

3-26  driver’s license number or identification card number issued by the

3-27  department;

3-28    (e) If the applicant is not a resident of this state, the applicant’s

3-29  driver’s license number or identification card number issued by another

3-30  state or jurisdiction;

3-31    (f) The make, model and caliber of each firearm to which the

3-32  application pertains;

3-33    [(f)] (g) A nonrefundable fee in the amount necessary to obtain the

3-34  report required pursuant to subsection 1 of NRS 202.366; and

3-35    [(g)] (h) A nonrefundable fee set by the sheriff not to exceed $60.

3-36    Sec. 2.  NRS 202.366 is hereby amended to read as follows:

3-37    202.366  1.  Upon receipt by a sheriff of an application for a permit,

3-38  the sheriff shall conduct an investigation of the applicant to determine if he

3-39  is eligible for a permit. In conducting the investigation, the sheriff shall

3-40  forward a complete set of the applicant’s fingerprints to the central

3-41  repository for Nevada records of criminal history and the Federal Bureau

3-42  of Investigation for a report concerning the criminal history of the

3-43  applicant. The sheriff shall issue a permit to the applicant unless he is not

3-44  qualified to possess a handgun pursuant to state or federal law or is not

3-45  otherwise qualified to obtain a permit pursuant to NRS 202.3653 to

3-46  202.369, inclusive, or the regulations adopted pursuant thereto.

3-47    2.  To assist the sheriff in conducting his investigation, any local law

3-48  enforcement agency, including the sheriff of any county, may voluntarily

4-1  submit to the sheriff a report or other information concerning the criminal

4-2  history of an applicant.

4-3    3.  Within 120 days after a complete application for a permit is

4-4  submitted, the sheriff to whom the application is submitted shall grant or

4-5  deny the application. If the application is denied, the sheriff shall send the

4-6  applicant written notification setting forth the reasons for the denial. If the

4-7  application is granted, the sheriff shall provide the applicant with a permit

4-8  containing a colored photograph of the applicant and containing such other

4-9  information as may be prescribed by the department. The permit must be in

4-10  substantially the following form:

 

4-11  NEVADA CONCEALED FIREARM PERMIT

 

4-12  County...........................      Permit Number..............

4-13  Expires...........................      Date of Birth.................

4-14  Height.............................      Weight..........................

4-15  Name..............................      Address........................

4-16  City................................      Zip...............................

4-17                                                     Photograph

4-18  Signature....................

4-19  Issued by...................

4-20  Date of Issue..............

4-21  Make, model and caliber of firearm authorized.......

4-22    4.  Unless suspended or revoked by the sheriff who issued the permit, a

4-23  permit expires :

4-24    (a) If the permittee was a resident of this state at the time the permit

4-25  was issued, on the fifth anniversary of the permittee’s birthday, measured

4-26  from the birthday nearest the date of issuance or renewal.

4-27    (b) If the permittee was not a resident of this state at the time the

4-28  permit was issued, on the third anniversary of the permittee’s birthday,

4-29  measured from the birthday nearest the date of issuance or renewal.

4-30    5.  If the date of birth of a permittee is on February 29 in a leap year,

4-31  for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth

4-32  shall be deemed to be on February 28.

4-33    Sec. 3.  NRS 202.3663 is hereby amended to read as follows:

4-34    202.3663  If an application for a permit is denied by a sheriff, the

4-35  applicant who submitted the application may seek a judicial review of the

4-36  denial by filing a petition in the district court for the county in which the

4-37  applicant [resides.] filed his application for a permit. A judicial review

4-38  conducted pursuant to this section must be limited to a determination of

4-39  whether the denial was arbitrary, capricious or otherwise characterized by

4-40  an abuse of discretion and must be conducted in accordance with the

4-41  procedures set forth in chapter 233B of NRS for reviewing a final decision

4-42  of an agency.

 

4-43  H