(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 128-Senator Jacobsen
February 12, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Revises provisions governing permits to carry concealed firearms. (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; enacting provisions governing the confidentiality and release of certain information regarding permits to carry concealed firearms and the applicants for and holders of such permits; revising the provisions governing courses in firearm safety that are required to obtain a permit to carry a concealed 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. Except as otherwise provided in this section:
(a) An application for a permit, and all information contained within that application; and
(b) All information provided to a sheriff or obtained by a sheriff in the course of his investigation of an applicant,
are confidential.
2. Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.
3. Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.
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 in firearm safety approved by [the sheriff issuing the permit;] 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.
(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. The amendatory provisions of section 3 of this act do not apply to a person who, before October 1, 1997, successfully completes a course in firearm safety approved by the sheriff who is issuing the permit.
Sec. 5. 1. This section and sections 1 and 2 of this act become effective upon passage and approval.
2. Sections 3 and 4 of this act become effective on October 1, 1997.