Assembly Bill No. 141-Assemblyman Perkins

February 5, 1997
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Referred to Committee on Judiciary

SUMMARY--Exempts prosecuting attorneys from prohibition against carrying certain dangerous weapons without permit. (BDR 15-727)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.

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

AN ACT relating to dangerous weapons; exempting prosecuting attorneys from the prohibition against carrying certain dangerous weapons without a permit; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 NRS 202.365 is hereby amended to read as follows:
202.365 1. NRS 202.350 and 202.360 do not apply to:
(a) Sheriffs, constables, marshals, peace officers, special police officers, police officers of this state, whether active or honorably retired, or other appointed officers.
(b) [Any] A person summoned by [any] a peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
(c) [Any] A full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(d) A full-time paid prosecuting attorney of an agency of the United States or another state or political subdivision thereof when carrying out official duties in Nevada.
(e) Members of the Armed Forces of the United States when on duty.
2. The exemption provided by subsection 1 does not include a former peace officer who is retired for disability , unless his former employer has approved his fitness to carry a concealed weapon.
3. The provisions of paragraph (b) of subsection 2 of NRS 202.350 do not apply to [any] a person who is licensed, authorized or permitted to do so pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
4. As used in this section, "honorably retired" means retired in Nevada after completion of 10 years of creditable service as a member of the public employees' retirement system. A former peace officer is not "honorably retired" if he was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
Sec. 2. This act becomes effective on July 1, 1997.

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