SUMMARY--Requires certification by Nevada highway patrol division of department of motor vehicles and public safety of teacher of course in firearm safety required to obtain permit to carry concealed firearm. (BDR 15-799)
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 concealed firearms; requiring certification by the Nevada highway patrol division of the department of motor vehicles and public safety of the teacher of a course in firearm safety that is required to obtain a permit to carry a concealed firearm; requiring the Nevada highway patrol division of the department of motor vehicles to adopt regulations to carry out such certification; 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:
The Nevada highway patrol division of the department shall:
1. Establish a program for the certification of an instructor of a course on firearm safety; and
2. Adopt such regulations as are necessary to carry out the program of certification.
Sec. 2. NRS 202.3653 is hereby amended to read as follows:
202.3653As used in NRS 202.3653 to 202.369, inclusive, and section 1 of this act, unless the context otherwise requires:
1. "Concealed firearm" means a loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation.
2. "Department" means the department of motor vehicles and public safety.
3. "Permit" means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.
Sec. 3. NRS 202.3657 is hereby amended to read as follows:
202.36571. Any person may apply to the sheriff of the county in which he resides 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) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(d) Demonstrates competence with a firearm by presenting a certificate or other documentation to the sheriff which shows that he [:
(1) Successfully completed a course approved by the sheriff issuing the permit; 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.] successfully completed a course in firearm safety taught by an instructor who is certified to teach the course by the Nevada highway patrol division of the department. Such a course must include instruction in [the] :
(1) The use of each firearm to which the application pertains [and in the] ; and
(2) The laws of this state relating to the proper use of a firearm.
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.
(c) Has been voluntarily or involuntarily admitted to a mental health 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 3 which 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;
(c) A front-view colored photograph of the applicant taken by the sheriff or his agent;
(d) The applicant's driver's license number or identification card number issued by the department;
(e) The make, model and caliber of each firearm to which the application pertains;
(f) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and
(g) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 4. NRS 481.180 is hereby amended to read as follows:
481.180The duties of the personnel of the Nevada highway patrol are:
1. To police the public highways of this state, to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada and to enforce all other laws of this state when:
(a) In the apprehension or pursuit of an offender or suspected offender;
(b) Making arrests for crimes committed in their presence or upon or adjacent to the highways of this state; or
(c) Making arrests pursuant to a warrant in the officer's possession or communicated to him.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence to prosecute any person guilty of any violation of the law contributing to the happening of such an accident.
3. To enforce the provisions of chapters 365, 366, 408, 482, 483, 484, 485, 486, 487 and 706 of NRS.
4. To maintain the central repository for Nevada records of criminal history and to carry out the provisions of chapter 179A of NRS.
5. To enforce the provisions of laws and regulations relating to motor carriers, the safety of their vehicles and equipment and their transportation of hazardous materials and other cargo.
6. To maintain the repository for information concerning hazardous materials in Nevada and to carry out its duties pursuant to chapter 459 of NRS concerning the transportation of hazardous materials.
7. To administer the program of certification for instructors of courses regarding firearm safety established pursuant to section 1 of this act.
8. To perform such other duties in connection with those specified in this section, as may be imposed by the director.
Sec. 5. The amendatory provisions of this act do not apply to a person who, before October 1, 1997, successfully completes a course on firearm safety approved by the sheriff who is issuing the permit or 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.