AB181 - Provides immunity from civil liability to persons returning a firearm under certain circumstances. (BDR 3-920)

A.B. 181 - *AB181* ASSEMBLY BILL NO. 181–ASSEMBLYMEMBER GALLANT PREFILED FEBRUARY 2, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Provides immunity from civil liability to persons returning a firearm under certain circumstances. (BDR 3-920) 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 civil liability; providing immunity from civil liability to persons returning a firearm under certain circumstances; exempting certain transfers of firearms from the requirement to conduct a background check; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides immunity from civil liability to certain persons for acts 1 or omissions under certain circumstances. (Chapter 41 of NRS) This bill extends 2 immunity from civil liability to persons returning a firearm to the owner of the 3 firearm pursuant to an agreement wherein the person: (1) takes physical possession 4 of the owner’s lawfully possessed firearm at the request of the owner; (2) holds the 5 firearm for an agreed period; and (3) returns the firearm to the owner according to 6 the terms of the agreement. 7 Existing law provides certain exemptions from the requirement to conduct a 8 background check when a private person is selling or transferring a firearm. (NRS 9 202.2548) Section 2 of this bill provides that a transfer of a firearm pursuant to a 10 firearm hold agreement as described in section 1 is exempt from the requirement to 11 conduct a background check. 12 – 2 – - *AB181* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 41 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in subsection 2, a person is 3 immune from civil liability for returning a firearm to the owner of 4 the firearm at the termination of a firearm hold agreement. 5 2. A person is not immune from civil liability pursuant to 6 subsection 1 if the person engaged in unlawful conduct while 7 holding a firearm for the owner or returning the firearm to the 8 owner. 9 3. As used in this section, “firearm hold agreement” means a 10 written or oral agreement between an owner of a firearm and 11 another person in which the other person: 12 (a) Takes physical possession of the owner’s lawfully 13 possessed firearm at the request of the owner; 14 (b) Holds the firearm for an agreed period; and 15 (c) Returns the firearm to the owner according to the terms of 16 the agreement. 17 Sec. 2. NRS 202.2548 is hereby amended to read as follows: 18 202.2548 The provisions of NRS 202.2547 do not apply to: 19 1. The sale or transfer of a firearm by or to any law 20 enforcement agency and, to the extent he or she is acting within the 21 course and scope of his or her employment and official duties, any 22 peace officer, security guard entitled to carry a firearm under NAC 23 648.345, member of the armed forces or federal official. 24 2. The sale or transfer of an antique firearm. 25 3. The sale or transfer of a firearm between immediate family 26 members, which for the purposes of this section means spouses and 27 domestic partners and any of the following relations, whether by 28 whole or half blood, adoption, or step-relation: parents, children, 29 siblings, grandparents, grandchildren, aunts, uncles, nieces and 30 nephews. 31 4. The transfer of a firearm to an executor, administrator, 32 trustee or personal representative of an estate or a trust that occurs 33 by operation of law upon the death of the former owner of the 34 firearm. 35 5. A transfer of a firearm pursuant to a firearm hold 36 agreement as described in section 1 of this act. 37 6. A temporary transfer of a firearm to a person who is not 38 prohibited from buying or possessing firearms under state or federal 39 law if such transfer: 40 (a) Is necessary to prevent imminent death or great bodily harm; 41 and 42 – 3 – - *AB181* (b) Lasts only as long as immediately necessary to prevent such 1 imminent death or great bodily harm. 2 [6.] 7. A temporary transfer of a firearm if: 3 (a) The transferor has no reason to believe that the transferee is 4 prohibited from buying or possessing firearms under state or federal 5 law; 6 (b) The transferor has no reason to believe that the transferee 7 will use or intends to use the firearm in the commission of a crime; 8 and 9 (c) Such transfer occurs and the transferee’s possession of the 10 firearm following the transfer is exclusively: 11 (1) At an established shooting range authorized by the 12 governing body of the jurisdiction in which such range is located; 13 (2) At a lawful organized competition involving the use of a 14 firearm; 15 (3) While participating in or practicing for a performance by 16 an organized group that uses firearms as a part of the public 17 performance; 18 (4) While hunting or trapping if the hunting or trapping is 19 legal in all places where the transferee possesses the firearm and the 20 transferee holds all licenses or permits required for such hunting or 21 trapping; or 22 (5) While in the presence of the transferor. 23 Sec. 3. The amendatory provisions of this act apply to a cause 24 of action that accrues on or after October 1, 2025. 25 H