SENATE BILL NO. 237–SENATORS LEE, HARDY AND BEERS
MARCH 7, 2007
JOINT SPONSOR: ASSEMBLYMAN SETTELMEYER
Referred to Committee on Judiciary
SUMMARY—Revises certain provisions governing permits to
carry concealed firearms. (BDR 15-47)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to concealed firearms; authorizing a person who
holds a permit to carry a concealed firearm issued by
another state to carry a concealed firearm in this State
under certain circumstances; revising various other
provisions governing permits to carry concealed firearms;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
1 Existing law allows a person who is not a resident of the State of Nevada to
2 apply to the sheriff of any county in this State for a permit to carry a concealed
3 firearm in this State. (NRS 202.3657) Section 2 of this bill allows a person who is
4 not a resident of this State to carry a concealed firearm in this State if the person
5 has a permit to carry a concealed firearm issued by another state and the
6 Department of Public Safety has determined that the requirements for the issuance
7 of a permit in that state are substantially similar to or more stringent than the
8 requirements of this State.
9 Section 3 of this bill requires the Department to determine, on or before July 1
10 of each year, whether the requirements for the issuance of a permit to carry a
11 concealed firearm in each state are substantially similar to or more stringent than
12 the requirements of this State.
13 Under existing law, a person may obtain a permit to carry in a concealed
14 manner one or more firearms of a specific make, model and caliber if the person
15 meets certain requirements. (NRS 202.3657, 202.366) Section 4 of this bill creates
16 three categories of firearms, which consist of a category of revolvers, a category of
17 semiautomatic firearms and a category of both revolvers and semiautomatic
18 firearms. Under section 5 of this bill, a person may obtain a permit to carry in a
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19 concealed manner any firearm in one of the three categories if the person meets
20 certain requirements.
21 Existing law requires an applicant for a permit to carry a concealed firearm to
22 include with the application for the permit a photograph of the applicant. (NRS
23 202.3657) The permit issued to the applicant must contain this photograph. (NRS
24 202.366) Section 5 of this bill removes the requirement that an application for a
25 permit include a photograph of the applicant. Section 6 of this bill removes the
26 requirement that the permit contain the photograph of the applicant.
27 Existing law provides for the expiration of a permit to carry a concealed
28 firearm. If the holder of the permit is a resident of this State, the permit expires on
29 the fifth anniversary of the birthday of the holder which is nearest to the date of
30 issuance or renewal. If the holder is a resident of another state, the permit expires
31 on the third anniversary of the birthday of the holder which is nearest to the date of
32 issuance or renewal. (NRS 202.366) Section 6 of this bill provides that all permits
33 to carry a concealed firearm expire 5 years after the date of issuance.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. Chapter 202 of NRS is hereby amended by adding
2 thereto the provisions set forth as sections 2 and 3 of this act.
3 Sec. 2. 1. A person who is not a resident of this State and
4 who possesses a permit to carry a concealed firearm that was
5 issued by another state may carry a concealed firearm in this State
6 in accordance with the requirements set forth in NRS 202.3653 to
7 202.369, inclusive, and sections 2 and 3 of this act if the
8 Department has determined that the requirements for the issuance
9 of a permit to carry a concealed firearm in that state are
10 substantially similar to or more stringent than the requirements
11 set forth in NRS 202.3653 to 202.369, inclusive, and sections 2
12 and 3 of this act.
13 2. A person who carries a concealed firearm pursuant to this
14 section is subject to the same legal restrictions and requirements
15 imposed upon a person who has been issued a permit by a sheriff
16 in this State.
17 Sec. 3. 1. On or before July 1 of each year, the Department
19 (a) Examine the requirements for the issuance of a permit to
20 carry a concealed firearm in each state and determine whether the
21 requirements of each state are substantially similar to or more
22 stringent than the requirements set forth in NRS 202.3653 to
23 202.369, inclusive, and sections 2 and 3 of this act;
24 (b) Prepare a list of states whose requirements for the issuance
25 of a permit to carry a concealed firearm are substantially similar
26 to or more stringent than the requirements set forth in NRS
27 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act;
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1 (c) Provide a copy of the list prepared pursuant to paragraph
2 (b) to each law enforcement agency in this State.
3 2. The Department shall, upon request, make the list
4 prepared pursuant to subsection 1 available to the public.
5 Sec. 4. NRS 202.3653 is hereby amended to read as follows:
6 202.3653 As used in NRS 202.3653 to 202.369, inclusive, and
7 sections 2 and 3 of this act, unless the context otherwise requires:
8 1. “Category of firearm” means a category of revolvers, a
9 category of semiautomatic firearms or a category of both revolvers
10 and semiautomatic firearms. As used in this subsection, the term:
11 (a) “Revolver” means a firearm that has a revolving cylinder
12 with several chambers, which, by pulling the trigger or setting the
13 hammer, are aligned with the barrel, placing the bullet in a
14 position to be fired. The term includes, without limitation, a single
15 or double derringer.
16 (b) “Semiautomatic firearm” means a firearm which:
17 (1) Uses the energy of the explosive in a fixed cartridge to
18 extract a fired cartridge and chamber a fresh cartridge with each
19 single pull of the trigger; and
20 (2) Requires the release of the trigger and another pull of
21 the trigger for each successive shot.
22 2. “Concealed firearm” means a loaded or unloaded pistol,
23 revolver or other firearm which is carried upon a person in such a
24 manner as not to be discernible by ordinary observation.
25 [2.] 3. “Department” means the Department of Public Safety.
26 [3.] 4. “Permit” means a permit to carry a concealed firearm
27 issued pursuant to the provisions of NRS 202.3653 to 202.369,
28 inclusive [.] , and sections 2 and 3 of this act.
29 Sec. 5. NRS 202.3657 is hereby amended to read as follows:
30 202.3657 1. Any person who is a resident of this State may
31 apply to the sheriff of the county in which he resides for a permit on
32 a form prescribed by regulation of the Department. Any person who
33 is not a resident of this State may apply to the sheriff of any county
34 in this State for a permit on a form prescribed by regulation of the
35 Department. Application forms for permits must be furnished by the
36 sheriff of each county upon request.
37 2. Except as otherwise provided in this section, the sheriff shall
38 issue a permit for [one or more specific firearms] a category of
39 firearm to any person who is qualified to possess [each] the
40 category of firearm to which the application pertains under state
41 and federal law, who submits an application in accordance with the
42 provisions of this section and who:
43 (a) Is 21 years of age or older;
44 (b) Is not prohibited from possessing a firearm pursuant to NRS
45 202.360; and
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1 (c) Demonstrates competence with [each] the category of
2 firearm to which the application pertains by presenting a certificate
3 or other documentation to the sheriff which shows that he:
4 (1) Successfully completed a course in firearm safety
5 approved by a sheriff in this State; or
6 (2) Successfully completed a course in firearm safety offered
7 by a federal, state or local law enforcement agency, community
8 college, university or national organization that certifies instructors
9 in firearm safety.
10 Such a course must include instruction in the use of [each] the
11 category of firearm to which the application pertains and in the laws
12 of this State relating to the use of a firearm. A sheriff may not
13 approve a course in firearm safety pursuant to subparagraph (1)
14 unless he determines that the course meets any standards that are
15 established by the Nevada Sheriffs’ and Chiefs’ Association or, if
16 the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its
17 legal successor.
18 3. The sheriff shall deny an application or revoke a permit if he
19 determines that the applicant or permittee:
20 (a) Has an outstanding warrant for his arrest.
21 (b) Has been judicially declared incompetent or insane.
22 (c) Has been voluntarily or involuntarily admitted to a mental
23 health facility during the immediately preceding 5 years.
24 (d) Has habitually used intoxicating liquor or a controlled
25 substance to the extent that his normal faculties are impaired. For
26 the purposes of this paragraph, it is presumed that a person has so
27 used intoxicating liquor or a controlled substance if, during the
28 immediately preceding 5 years, he has been:
29 (1) Convicted of violating the provisions of NRS 484.379; or
30 (2) Committed for treatment pursuant to NRS 458.290 to
31 458.350, inclusive.
32 (e) Has been convicted of a crime involving the use or
33 threatened use of force or violence punishable as a misdemeanor
34 under the laws of this or any other state, or a territory or possession
35 of the United States at any time during the immediately preceding 3
37 (f) Has been convicted of a felony in this State or under the laws
38 of any state, territory or possession of the United States.
39 (g) Has been convicted of a crime involving domestic violence
40 or stalking, or is currently subject to a restraining order, injunction
41 or other order for protection against domestic violence.
42 (h) Is currently on parole or probation from a conviction
43 obtained in this State or in any other state or territory or possession
44 of the United States.
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1 (i) Has, within the immediately preceding 5 years, been subject
2 to any requirements imposed by a court of this State or of any other
3 state or territory or possession of the United States, as a condition to
4 the court’s:
5 (1) Withholding of the entry of judgment for his conviction
6 of a felony; or
7 (2) Suspension of his sentence for the conviction of a felony.
8 (j) Has made a false statement on any application for a permit or
9 for the renewal of a permit.
10 4. The sheriff may deny an application or revoke a permit if he
11 receives a sworn affidavit stating articulable facts based upon
12 personal knowledge from any natural person who is 18 years of age
13 or older that the applicant or permittee has or may have committed
14 an offense or engaged in any other activity specified in subsection 3
15 which would preclude the issuance of a permit to the applicant or
16 require the revocation of a permit pursuant to this section.
17 5. If the sheriff receives notification submitted by a court or
18 law enforcement agency of this or any other state, the United States
19 or a territory or possession of the United States that a permittee or
20 an applicant for a permit has been charged with a crime involving
21 the use or threatened use of force or violence, the conviction for
22 which would require the revocation of a permit or preclude the
23 issuance of a permit to the applicant pursuant to this section, the
24 sheriff shall suspend the person’s permit or the processing of his
25 application until the final disposition of the charges against him. If a
26 permittee is acquitted of the charges against him, or if the charges
27 are dropped, the sheriff shall restore his permit without imposing a
29 6. An application submitted pursuant to this section must be
30 completed and signed under oath by the applicant. The applicant’s
31 signature must be witnessed by an employee of the sheriff or
32 notarized by a notary public. The application must include:
33 (a) The name, address, place and date of birth, social security
34 number, occupation and employer of the applicant and any other
35 names used by the applicant;
36 (b) A complete set of the applicant’s fingerprints taken by the
37 sheriff or his agent;
38 (c) [A front-view colored photograph of the applicant taken by
39 the sheriff or his agent;
40 (d)] If the applicant is a resident of this State, the driver’s license
41 number or identification card number of the applicant issued by the
42 Department of Motor Vehicles;
43 [(e)] (d) If the applicant is not a resident of this State, the
44 driver’s license number or identification card number of the
45 applicant issued by another state or jurisdiction;
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1 [(f) The make, model and caliber of each]
2 (e) The category of firearm to which the application pertains;
3 [(g)] (f) A nonrefundable fee in the amount necessary to obtain
4 the report required pursuant to subsection 1 of NRS 202.366; and
5 [(h)] (g) A nonrefundable fee set by the sheriff not to exceed
7 Sec. 6. NRS 202.366 is hereby amended to read as follows:
8 202.366 1. Upon receipt by a sheriff of an application for a
9 permit, the sheriff shall conduct an investigation of the applicant to
10 determine if he is eligible for a permit. In conducting the
11 investigation, the sheriff shall forward a complete set of the
12 applicant’s fingerprints to the Central Repository for Nevada
13 Records of Criminal History for submission to the Federal Bureau
14 of Investigation for its report concerning the criminal history of the
15 applicant. The sheriff shall issue a permit to the applicant unless he
16 is not qualified to possess a handgun pursuant to state or federal law
17 or is not otherwise qualified to obtain a permit pursuant to NRS
18 202.3653 to 202.369, inclusive, and sections 2 and 3 of this act, or
19 the regulations adopted pursuant thereto.
20 2. To assist the sheriff in conducting his investigation, any
21 local law enforcement agency, including the sheriff of any county,
22 may voluntarily submit to the sheriff a report or other information
23 concerning the criminal history of an applicant.
24 3. Within 120 days after a complete application for a permit is
25 submitted, the sheriff to whom the application is submitted shall
26 grant or deny the application. If the application is denied, the sheriff
27 shall send the applicant written notification setting forth the reasons
28 for the denial. If the application is granted, the sheriff shall provide
29 the applicant with a permit [containing a colored photograph of the
30 applicant and] containing such [other] information as may be
31 prescribed by the Department. The permit must be in substantially
32 the following form:
34 NEVADA CONCEALED FIREARM PERMIT
36 County............................... Permit Number ..........................
37 Expires............................... Date of Birth ..............................
38 Height................................ Weight .......................................
39 Name ................................. Address......................................
40 City.................................... Zip..............................................
42 Signature ...........................
43 Issued by............................
44 Date of Issue......................
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1 [Make, model and caliber of each authorized] Authorized
2 category of firearm........................................... .........................
4 4. Unless suspended or revoked by the sheriff who issued the
5 permit, a permit expires [:
6 (a) If the permittee was a resident of this State at the time the
7 permit was issued, on the fifth anniversary of the permittee’s
8 birthday, measured from the birthday nearest the date of issuance or
10 (b) If the permittee was not a resident of this State at the time
11 the permit was issued, on the third anniversary of the permittee’s
12 birthday, measured from the birthday nearest the date of issuance or
14 5. If the date of birth of a permittee is on February 29 in a leap
15 year, for the purposes of NRS 202.3653 to 202.369, inclusive, his
16 date of birth shall be deemed to be on February 28.] 5 years after
17 the date on which it is issued.
18 Sec. 7. NRS 202.3677 is hereby amended to read as follows:
19 202.3677 1. If a permittee wishes to renew his permit, the
20 permittee must complete and submit to the sheriff who issued the
21 permit an application for renewal of the permit.
22 2. An application for the renewal of a permit must:
23 (a) Be completed and signed under oath by the applicant;
24 (b) Contain a statement that the applicant is eligible to receive a
25 permit pursuant to NRS 202.3657; and
26 (c) Be accompanied by a nonrefundable fee of $25.
27 If a permittee fails to renew his permit on or before the date of
28 expiration of his permit, the application for renewal must include an
29 additional nonrefundable late fee of $15.
30 3. No permit may be renewed pursuant to this section unless
31 the permittee has demonstrated continued competence with [a] the
32 category of firearm to which the application pertains by
33 successfully completing a course prescribed by the sheriff renewing
34 the permit.
35 Sec. 8. NRS 202.3687 is hereby amended to read as follows:
36 202.3687 1. The provisions of NRS 202.3653 to 202.369,
37 inclusive, and sections 2 and 3 of this act do not prohibit a sheriff
38 from issuing a temporary permit . [to carry a concealed firearm.] A
39 temporary permit may include, but is not limited to, provisions
40 specifying the period for which the permit is valid.
41 2. Each sheriff who issues a permit pursuant to the provisions
42 of NRS 202.3653 to 202.369, inclusive, and sections 2 and 3 of this
43 act shall provide such information concerning the permit and the
44 person to whom it is issued to the Central Repository for Nevada
45 Records of Criminal History.
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1 Sec. 9. The Department of Public Safety shall prepare the
2 initial list required by section 3 of this act and provide a copy of that
3 list to each law enforcement agency in this State not later than
4 October 1, 2007.
5 Sec. 10. The amendatory provisions of sections 5 and 6 of this
6 act apply to a permit to carry a concealed firearm that is issued on or
7 after October 1, 2007.