Assembly Bill No. 412

Assembly Bill No. 412-Assemblymen Anderson, Perkins, Freeman, Von Tobel, Berman, Marvel, Ohrenschall, Amodei, Humke, Koivisto, Parks, Bache, Arberry, Giunchigliani, Goldwater, Herrera, Neighbors, de Braga, Williams, Buckley, Chowning, Mortenson, Sandoval, Cegavske, Price, Nolan, Manendo, Evans and Tiffany

April 25, 1997
____________

Referred to Committee on Judiciary

SUMMARY--Revises provisions that govern owning, possessing, transferring and receiving firearms. (BDR 15-283)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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

AN ACT relating to weapons; prohibiting certain persons from owning, possessing or receiving a firearm; authorizing a private person who wishes to transfer a firearm to another person to obtain certain information from the central repository for Nevada records of criminal history about the person wishing to acquire the firearm; 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 Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A private person who wishes to transfer a firearm to another person may, before he transfers the firearm, request that the central repository for Nevada records of criminal history perform a background check on the person who wishes to acquire the firearm.
2. The person who requests the information pursuant to subsection 1 shall provide the central repository with identifying information about the person who wishes to acquire the firearm.
3. Upon receiving a request from a private person pursuant to subsection 1 and the identifying information required pursuant to subsection 2, the central repository shall within 5 days after receiving the request:
(a) Perform a background check on the person who wishes to acquire the firearm; and
(b) Notify the person who requests the information whether the information available to the central repository indicates that the receipt of a firearm by the person who wishes to acquire the firearm would violate a state or federal law.
4. If the person who requests the information does not receive notification from the central repository regarding his request within 5 days after making the request, he may presume that the receipt of a firearm by the person who wishes to acquire the firearm would not violate a state or federal law.
Sec. 2. NRS 202.253 is hereby amended to read as follows:
202.253As used in NRS 202.255 to 202.369, inclusive [:] , and section 1 of this act:
1. "Firearm" means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
2. "Firearm capable of being concealed upon the person" applies to and includes all firearms having a barrel less than 12 inches in length.
3. "Motor vehicle" means every vehicle that is self-propelled.
Sec. 3. NRS 202.350 is hereby amended to read as follows:
202.3501. It is unlawful for a person within this state to:
(a) Manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Except as otherwise provided in subsection 4 , [and NRS 202.3653 to 202.369, inclusive,] carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
2. It is unlawful for a person to possess or use a:
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or
(b) Machine gun or a silencer.
3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in this subsection and NRS 202.3653 to 202.369, inclusive, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife.
5. This section does 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 person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
(c) Any 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 the State of Nevada.
(d) Members of the Armed Forces of the United States when on duty.
6. The exemptions provided in subsection 5 do not include a former peace officer who is retired for disability unless his former employer has approved his fitness to carry a concealed weapon.
7. The provisions of paragraph (b) of subsection 2 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
8. As used in this section:
(a) "Concealed weapon" has the meaning ascribed to it in NRS 202.3653.
(b) "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.
(c) "Machine gun" means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
[(b)] (d) "Nunchaku" means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
[(c)] (e) "Silencer" means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
[(d)] (f) "Switchblade knife" means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
[(e)] (g) "Trefoil" means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 4. NRS 202.360 is hereby amended to read as follows:
202.3601. [A] It is unlawful for a person who [has] :
(a) Has been convicted [of a felony] in this or any other state [, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America,] of a crime punishable by imprisonment for a term greater than 1 year, unless he has received a pardon and his right to bear arms has been specifically restored [, shall not own or have in his possession or under his custody or control any firearm.] ;
(b) Is a fugitive from justice;
(c) Is an unlawful user of or is addicted to a controlled substance;
(d) Has been adjudicated as incompetent or insane or has been committed to a mental institution;
(e) Being an alien, is illegally or unlawfully in the United States;
(f) Has been discharged from the Armed Forces of the United States pursuant to dishonorable conditions;
(g) Having been a citizen of the United States, has renounced his citizenship;
(h) Is subject to an extended order for protection against domestic violence; or
(i) Has been convicted, on or after October 1, 1997, in this or any other state of a crime constituting domestic violence, unless he has received a pardon and his right to bear arms has been specifically restored,
to own, possess or receive a firearm.
2. As used in this section, "firearm" includes any firearm that is loaded or unloaded and operable or inoperable.
3. A person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
Sec. 5. NRS 202.365 is hereby repealed.
Sec. 6. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.

TEXT OF REPEALED SECTION

202.365Applicability of NRS 202.350 and 202.360.
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 person summoned by any 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 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) 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 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.