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NRS 202.365 PDF Print E-mail
Written by Administrator   
Sunday, 22 April 2007

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From Nevada State Legislation Website on 6/10/2007:

Concealed Firearms

      NRS 202.3653  Definitions.  As used in NRS 202.3653 to 202.369, inclusive, 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 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.

      (Added to NRS by 1995, 2721; A 1997, 1175; 1999, 850; 2001, 2579; 2005, 596)

      NRS 202.3657  Application for permit; eligibility; denial or revocation of permit.

      1.  Any person who is a resident of this State may apply to the sheriff of the county in which he resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State 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 one or more specific firearms to any person who is qualified to possess each firearm under state and federal law, who submits an application in accordance with the provisions of this section and who:

      (a) Is 21 years of age or older;

      (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

      (c) Demonstrates competence with each 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 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.

Ê 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 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) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

      (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

      (f) The make, model and caliber of each firearm to which the application pertains;

      (g) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

      (h) A nonrefundable fee set by the sheriff not to exceed $60.

      (Added to NRS by 1995, 2721; A 1997, 1175; 2001, 612, 618, 2579; 2003, 8, 11)

      NRS 202.366  Investigation of applicant for permit; issuance or denial of permit; expiration of permit.

      1.  Upon receipt by a sheriff of an application for a permit, the sheriff shall conduct an investigation of the applicant to determine if he is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The sheriff shall issue a permit to the applicant unless he is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.

      2.  To assist the sheriff in conducting his investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

      3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:

 

NEVADA CONCEALED FIREARM PERMIT

 

County...............................................               Permit Number.....................................

Expires................................................               Date of Birth........................................

Height................................................               Weight..................................................

Name..................................................               Address................................................

City.....................................................               Zip.........................................................

                                                                                                   Photograph

Signature...........................................

Issued by...........................................

Date of Issue.....................................

Make, model and caliber of each authorized firearm.................................................

 

      4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires:

      (a) If the permittee was a resident of this State at the time the permit was issued, on the fifth anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal.

      (b) If the permittee was not a resident of this State at the time the permit was issued, on the third anniversary of the permittee’s birthday, measured from the birthday nearest the date of issuance or renewal.

      5.  If the date of birth of a permittee is on February 29 in a leap year, for the purposes of NRS 202.3653 to 202.369, inclusive, his date of birth shall be deemed to be on February 28.

      (Added to NRS by 1995, 2723; A 1999, 2094; 2001, 614, 620; 2003, 13, 2846)

      NRS 202.3662  Confidentiality of information about applicant for permit and permittee.

      1.  Except as otherwise provided in this section and NRS 202.3665:

      (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,

Ê 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.

      (Added to NRS by 1997, 1174; A 1999, 851)

      NRS 202.3663  Judicial review of denial of application for permit.  If an application for a permit is denied by a sheriff, the applicant who submitted the application may seek a judicial review of the denial by filing a petition in the district court for the county in which the applicant filed his application for a permit. A judicial review conducted pursuant to this section must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      (Added to NRS by 1995, 2724; A 2001, 615)

      NRS 202.3665  Duties of sheriff upon receiving notification that applicant or permittee has been charged with or convicted of crime involving use or threatened use of force or violence.

      1.  If a sheriff who is processing an application for a permit receives notification pursuant to NRS 202.3657 that the applicant has been:

      (a) Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:

             (1) Suspended the processing of the application until the final disposition of the charges against the applicant; or

             (2) Resumed the processing of the application following the dropping of charges against the applicant or the acquittal of the applicant.

      (b) Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, denied the application.

      2.  If a sheriff who has issued a permit to a permittee receives notification pursuant to NRS 202.3657 that the permittee has been:

      (a) Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:

             (1) Suspended the permit of the permittee until the final disposition of the charges against the permittee; or

            (2) Restored the permit of the permittee following the dropping of charges against the permittee or the acquittal of the permittee.

      (b) Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, revoked the permit of the permittee.

      3.  The sheriff shall notify a victim pursuant to subsection 1 or 2 not later than 10 days after the date on which the sheriff performs one of the actions listed in subsection 1 or 2 concerning an application or a permit.

      (Added to NRS by 1999, 850)

      NRS 202.3667  Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.

      1.  Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

      2.  A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

      (Added to NRS by 1995, 2724)

      NRS 202.367  Duplicate permit; notification to sheriff of recovered permit; penalty.

      1.  A permittee shall notify the sheriff who issued his permit in writing within 30 days if:

      (a) His permanent address changes; or

      (b) His permit is lost, stolen or destroyed.

      2.  The sheriff shall issue a duplicate permit to a permittee if he:

      (a) Submits a written statement to the sheriff, signed under oath, stating that his permit has been lost, stolen or destroyed; and

      (b) Pays a nonrefundable fee of $15.

      3.  If any permittee subsequently finds or recovers his permit after being issued a duplicate permit pursuant to this section, he shall, within 10 days:

      (a) Notify the sheriff in writing; and

      (b) Return the duplicate permit to the sheriff.

      4.  A permittee who fails to notify a sheriff pursuant to the provisions of this section is subject to a civil penalty of $25.

      (Added to NRS by 1995, 2724)

      NRS 202.3673  Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.

      1.  Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while he is on the premises of any public building.

      2.  A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport.

      3.  A permittee shall not carry a concealed firearm while he is on the premises of:

      (a) A public building that is located on the property of a public school or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he is on the premises of the public building pursuant to paragraph (c) of subsection 3 of NRS 202.265.

      (b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he is on the premises of the public building pursuant to subsection 4.

      4.  The provisions of paragraph (b) of subsection 3 do not prohibit:

      (a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which he presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.

      (b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he is on the premises of a public building.

      (c) A permittee who is employed in the public building from carrying a concealed firearm while he is on the premises of the public building.

      (d) A permittee from carrying a concealed firearm while he is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

      5.  A person who violates subsection 2 or 3 is guilty of a misdemeanor.

      6.  As used in this section, “public building” means any building or office space occupied by:

      (a) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or

      (b) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

Ê If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

      (Added to NRS by 1995, 2725; A 1997, 63; 1999, 2767)

      NRS 202.3677  Application for renewal of permit; fees; demonstrated continued competence required.

      1.  If a permittee wishes to renew his permit, the permittee must complete and submit to the sheriff who issued the permit an application for renewal of the permit.

      2.  An application for the renewal of a permit must:

      (a) Be completed and signed under oath by the applicant;

      (b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657; and

      (c) Be accompanied by a nonrefundable fee of $25.

Ê If a permittee fails to renew his permit on or before the date of expiration of his permit, the application for renewal must include an additional nonrefundable late fee of $15.

      3.  No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with a firearm by successfully completing a course prescribed by the sheriff renewing the permit.

      (Added to NRS by 1995, 2725)

      NRS 202.3678  Application for certification as qualified retired law enforcement officer; fee.

      1.  A retired law enforcement officer who is a resident of this State may apply, on a form prescribed by regulation of the Department, to the sheriff of the county in which he resides for any certification required pursuant to 18 U.S.C. § 926C(d) to become a qualified retired law enforcement officer. Application forms for certification must be provided by the sheriff of each county upon request.

      2.  The sheriff shall provide the certification pursuant to subsection 1 to a retired law enforcement officer who submits a completed application and pays any fee required pursuant to subsection 3 if the sheriff determines that the officer meets the standards for training and qualifications.

      3.  The sheriff may impose a nonrefundable fee in the amount necessary to pay the expenses in providing the certification.

      4.  As used in this section, “qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C.

      (Added to NRS by 2005, 593)

      NRS 202.368  Fees to be deposited with county treasurer.  All fees collected pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, must be deposited with the county treasurer of the county in which the fees are collected and:

      1.  If the county has a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that metropolitan police department; or

      2.  If the county does not have a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that county.

      (Added to NRS by 1995, 2725; A 2005, 596)

      NRS 202.3683  Immunity of state and local governments from civil liability.  The State or any political subdivision of the State, the Department, a sheriff, law enforcement agency, firearm safety or training instructor or any other person who, in good faith and without gross negligence, acts pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, is immune from civil liability for those acts. Such acts include, but are not limited to, the receipt, review or investigation of an application for a permit, the certification of a retired law enforcement officer, or the issuance, denial, suspension, revocation or renewal of a permit.

      (Added to NRS by 1995, 2725; A 2005, 596)

      NRS 202.3687  Temporary permits.

      1.  The provisions of NRS 202.3653 to 202.369, inclusive, do not prohibit a sheriff from issuing a temporary permit to carry a concealed firearm. A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.

      2.  Each sheriff who issues a permit pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, shall provide such information concerning the permit and the person to whom it is issued to the Central Repository for Nevada Records of Criminal History.

      (Added to NRS by 1995, 2726; A 1999, 2095)

      NRS 202.369  Regulations.  The Department may adopt such regulations as are necessary to carry out the provisions of NRS 202.3653 to 202.369, inclusive.

      (Added to NRS by 1995, 2726; A 2005, 596)

 

Last Updated ( Monday, 11 June 2007 )