NEVADA REVISED STATUTES
TITLE 15. CRIMES AND PUNISHMENTS
CHAPTER 202. CRIMES AGAINST
PUBLIC HEALTH AND SAFETY
WEAPONS
CONCEALED FIREARMS
COPR. (c) The text of the
Nevada Revised Statutes appearing in this database
was produced from computer
tapes provided by the Nevada Legislative Council
Bureau and is subject to a
claim of copyright by the State of Nevada.
Current through 1995 Reg.
Sess., adj. July 3, 1995
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 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.
(Added to NRS by 1995, 2721)
202.3657. Application for permit; eligibility; denial or revocation of permit.
1. 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.
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.
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.
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 Nevada highway patrol division of the department and
the Federal Bureau of Investigation for a 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 under 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 firearm authorized..........
4. Unless suspended or revoked
by the sheriff who issued the permit, a permit expires on the fifth anniversary
of the permittee's birthday, measured from the birthday nearest the date
of issuance or renewal. 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.
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 resides. 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.
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.
202.367. Duplicate permit.
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.
202.3673. Permittee prohibited from carrying concealed firearm in certain locations; exceptions; penalty.
1. Except as otherwise provided
in NRS 202.265 and this section, a permittee must not carry a concealed
firearm into:
(a) Any facility of a law
enforcement agency;
(b) A prison, county or city
jail or detention facility;
(c) A courthouse or courtroom;
(d) Any facility of a public
or private school;
(e) Any facility of a vocational
or technical school, or of the University and Community College System
of Nevada;
(f) Any other building owned
or occupied by the Federal Government, the state or a local government;
or
(g) Any other place in which
the carrying of a concealed firearm is prohibited by state or federal law.
2. The provisions of this
section do not prohibit a permittee who is a judge from carrying a concealed
firearm in the courthouse or courtroom in which he presides or from authorizing
other permittees to carry a concealed firearm in his courtroom.
3. The provisions of this
section are not applicable to an employee of the facility identified in
subsection 1 while on the premises of that facility.
4. The violation of the provisions
of subsection 1 is a misdemeanor.
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.
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.
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.
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, or the issuance, denial,
suspension, revocation or renewal of a permit.
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, upon request by the department, provide such information concerning
the permit and the person to whom it is issued as is deemed necessary by
the department for inclusion in the central repository for Nevada records
of criminal history.
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.