AB436 - Revises provisions relating to firearms. (BDR 15-830)

A.B. 436 - *AB436* ASSEMBLY BILL NO. 436–ASSEMBLYMEMBERS GRAY, O’NEILL, GURR, DICKMAN; DELONG, EDGEWORTH, GALLANT, HAFEN, HANSEN, HIBBETTS, KOENIG AND YUREK MARCH 17, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to firearms. (BDR 15-830) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to firearms; removing and revising certain exemptions of The Background Check Act; revising provisions relating to the forms prescribed for a permit to carry a concealed firearm and for the renewal of such a permit; revising provisions relating to courses in firearm safety that are required to be completed to obtain a permit to carry a concealed firearm; revising provisions governing the renewal of a permit to carry a concealed firearm; authorizing a retired law enforcement officer who is not a resident of this State to apply to any sheriff for certification to become a qualified retired law enforcement officer; prohibiting the Central Repository for Nevada Records of Criminal History from charging a fee for a background check under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law commonly known and cited as The Background Check Act 1 requires a licensed firearm dealer to conduct a background check on a person who 2 wishes to buy or receive a firearm from an unlicensed person. Existing law also 3 provides certain exemptions from the requirement to conduct a background check 4 when a private person is selling or transferring a firearm. (NRS 202.2544- 5 202.2549) Section 1 of this bill: (1) removes the requirement that a peace officer, 6 security guard entitled to carry a firearm, member of the armed forces or federal 7 official must be acting within the scope of his or her employment and official duties 8 – 2 – - *AB436* for the exemption to be effective; and (2) adds a qualified retired law enforcement 9 officer to the list of persons exempted from the Act. 10 Existing law authorizes a person to apply to the sheriff to obtain a permit to 11 carry a concealed firearm and sets forth various requirements and conditions related 12 to the issuance of such permits. (NRS 202.3657) Section 2 of this bill requires: (1) 13 any application for a permit to carry a concealed firearm to be on a uniform 14 statewide form prescribed by regulation of the Department of Public Safety; and (2) 15 a sheriff to determine that a course in firearm safety meets any uniform statewide 16 standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if 17 the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor. 18 Existing law provides that a permit to carry a concealed firearm may not be 19 renewed unless the person has demonstrated continued competence with handguns 20 by successfully completing a course prescribed by the sheriff renewing the permit. 21 (NRS 202.3677) Section 3 of this bill prohibits a sheriff from prescribing such a 22 course unless the sheriff determines that the course meets any uniform statewide 23 standards, including, without limitation, the timeframe for completing the course 24 and the length of the course, that are established for renewing a permit by the 25 Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ 26 Association ceases to exist, its legal successor. 27 Existing law authorizes a retired law enforcement officer who is a resident of 28 this State to apply to the sheriff of the county in which he or she resides for 29 certification to become a qualified retired law enforcement officer. (NRS 202.3678) 30 Such certification confirms that the retired law enforcement officer meets the 31 requirements to carry a concealed firearm under Nevada law and federal law. (NRS 32 202.350; 18 U.S.C. § 926C) Section 4 of this bill: (1) requires an application to 33 become a qualified retired law enforcement officer to be on a uniform statewide 34 form prescribed by the Department of Public Safety; and (2) authorizes a retired 35 law enforcement officer who is not a resident of this State to apply to any sheriff 36 for certification to become a qualified retired law enforcement officer. 37 Existing law authorizes an agency of criminal justice to charge a reasonable fee 38 for information relating to records of criminal history provided to any person or 39 governmental entity. (NRS 179A.140) Section 5 of this bill prohibits the Central 40 Repository for Nevada Records of Criminal History from charging a fee for 41 information provided to a licensed firearm dealer if the dealer is required to conduct 42 a background check pursuant to federal law for a peace officer or qualified retired 43 law enforcement officer. 44 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 202.2548 is hereby amended to read as 1 follows: 2 202.2548 The provisions of NRS 202.2547 do not apply to: 3 1. The sale or transfer of a firearm by or to any law 4 enforcement agency and [, to the extent he or she is acting within 5 the course and scope of his or her employment and official duties,] 6 any peace officer, qualified retired law enforcement officer, 7 security guard entitled to carry a firearm under NAC 648.345, 8 member of the armed forces or federal official. 9 2. The sale or transfer of an antique firearm. 10 – 3 – - *AB436* 3. The sale or transfer of a firearm between immediate family 1 members, which for the purposes of this section means spouses and 2 domestic partners and any of the following relations, whether by 3 whole or half blood, adoption, or step-relation: parents, children, 4 siblings, grandparents, grandchildren, aunts, uncles, nieces and 5 nephews. 6 4. The transfer of a firearm to an executor, administrator, 7 trustee or personal representative of an estate or a trust that occurs 8 by operation of law upon the death of the former owner of the 9 firearm. 10 5. A temporary transfer of a firearm to a person who is not 11 prohibited from buying or possessing firearms under state or federal 12 law if such transfer: 13 (a) Is necessary to prevent imminent death or great bodily harm; 14 and 15 (b) Lasts only as long as immediately necessary to prevent such 16 imminent death or great bodily harm. 17 6. A temporary transfer of a firearm if: 18 (a) The transferor has no reason to believe that the transferee is 19 prohibited from buying or possessing firearms under state or federal 20 law; 21 (b) The transferor has no reason to believe that the transferee 22 will use or intends to use the firearm in the commission of a crime; 23 and 24 (c) Such transfer occurs and the transferee’s possession of the 25 firearm following the transfer is exclusively: 26 (1) At an established shooting range authorized by the 27 governing body of the jurisdiction in which such range is located; 28 (2) At a lawful organized competition involving the use of a 29 firearm; 30 (3) While participating in or practicing for a performance by 31 an organized group that uses firearms as a part of the public 32 performance; 33 (4) While hunting or trapping if the hunting or trapping is 34 legal in all places where the transferee possesses the firearm and the 35 transferee holds all licenses or permits required for such hunting or 36 trapping; or 37 (5) While in the presence of the transferor. 38 7. As used in this section, “qualified retired law enforcement 39 officer” has the meaning ascribed to it in 18 U.S.C. § 926C. 40 Sec. 2. NRS 202.3657 is hereby amended to read as follows: 41 202.3657 1. Any person who is a resident of this State may 42 apply to the sheriff of the county in which he or she resides for a 43 permit on a uniform statewide form prescribed by regulation of the 44 Department. Any person who is not a resident of this State may 45 – 4 – - *AB436* apply to the sheriff of any county in this State for a permit on a 1 uniform statewide form prescribed by regulation of the Department. 2 Application forms for permits must be furnished by the sheriff of 3 each county upon request. 4 2. A person applying for a permit may submit one application 5 and obtain one permit to carry all handguns owned by the person. 6 The person must not be required to list and identify on the 7 application each handgun owned by the person. A permit is valid for 8 any handgun which is owned or thereafter obtained by the person to 9 whom the permit is issued. 10 3. Except as otherwise provided in this section, the sheriff shall 11 issue a permit to any person who is qualified to possess a handgun 12 under state and federal law, who submits an application in 13 accordance with the provisions of this section and who: 14 (a) Is: 15 (1) Twenty-one years of age or older; or 16 (2) At least 18 years of age but less than 21 years of age if 17 the person: 18 (I) Is a member of the Armed Forces of the United States, 19 a reserve component thereof or the National Guard; or 20 (II) Was discharged or released from service in the 21 Armed Forces of the United States, a reserve component thereof or 22 the National Guard under honorable conditions; 23 (b) Is not prohibited from possessing a firearm pursuant to NRS 24 202.360; and 25 (c) Demonstrates competence with handguns by presenting a 26 certificate or other documentation to the sheriff which shows that 27 the applicant: 28 (1) Successfully completed a course in firearm safety 29 approved by a sheriff in this State; or 30 (2) Successfully completed a course in firearm safety offered 31 by a federal, state or local law enforcement agency, community 32 college, university or national organization that certifies instructors 33 in firearm safety. 34  Such a course must include instruction in the use of handguns 35 and in the laws of this State relating to the use of a firearm. A sheriff 36 may not approve a course in firearm safety pursuant to subparagraph 37 (1) unless the sheriff determines that the course meets any uniform 38 statewide standards that are established by the Nevada Sheriffs’ and 39 Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ 40 Association ceases to exist, its legal successor. 41 4. The sheriff shall deny an application or revoke a permit if 42 the sheriff determines that the applicant or permittee: 43 (a) Has an outstanding warrant for his or her arrest. 44 (b) Has been judicially declared incompetent or insane. 45 – 5 – - *AB436* (c) Has been voluntarily or involuntarily admitted to a mental 1 health facility during the immediately preceding 5 years. 2 (d) Has habitually used intoxicating liquor or a controlled 3 substance to the extent that his or her normal faculties are impaired. 4 For the purposes of this paragraph, it is presumed that a person has 5 so used intoxicating liquor or a controlled substance if, during the 6 immediately preceding 5 years, the person has: 7 (1) Been convicted of violating the provisions of NRS 8 484C.110; or 9 (2) Participated in a program of treatment pursuant to NRS 10 176A.230 to 176A.245, inclusive. 11 (e) Has been convicted of a crime involving the use or 12 threatened use of force or violence punishable as a misdemeanor 13 under the laws of this or any other state, or a territory or possession 14 of the United States at any time during the immediately preceding 3 15 years. 16 (f) Has been convicted of a felony in this State or under the laws 17 of any state, territory or possession of the United States. 18 (g) Has been convicted of a crime involving domestic violence 19 or stalking, or is currently subject to a restraining order, injunction 20 or other order for protection against domestic violence. 21 (h) Is currently subject to an emergency or extended order for 22 protection against high-risk behavior issued pursuant to NRS 33.570 23 or 33.580. 24 (i) Is currently on parole or probation from a conviction 25 obtained in this State or in any other state or territory or possession 26 of the United States. 27 (j) Has, within the immediately preceding 5 years, been subject 28 to any requirements imposed by a court of this State or of any other 29 state or territory or possession of the United States, as a condition to 30 the court’s: 31 (1) Withholding of the entry of judgment for a conviction of 32 a felony; or 33 (2) Suspension of sentence for the conviction of a felony. 34 (k) Has made a false statement on any application for a permit 35 or for the renewal of a permit. 36 (l) Has been discharged or released from service in the Armed 37 Forces of the United States, a reserve component thereof or the 38 National Guard under conditions other than honorable conditions 39 and is less than 21 years of age. 40 5. The sheriff may deny an application or revoke a permit if the 41 sheriff receives a sworn affidavit stating articulable facts based upon 42 personal knowledge from any natural person who is 18 years of age 43 or older that the applicant or permittee has or may have committed 44 an offense or engaged in any other activity specified in subsection 4 45 – 6 – - *AB436* which would preclude the issuance of a permit to the applicant or 1 require the revocation of a permit pursuant to this section. 2 6. If the sheriff receives notification submitted by a court or 3 law enforcement agency of this or any other state, the United States 4 or a territory or possession of the United States that a permittee or 5 an applicant for a permit has been charged with a crime involving 6 the use or threatened use of force or violence, the conviction for 7 which would require the revocation of a permit or preclude the 8 issuance of a permit to the applicant pursuant to this section, the 9 sheriff shall suspend the person’s permit or the processing of 10 the person’s application until the final disposition of the charges 11 against the person. If a permittee is acquitted of the charges, or if the 12 charges are dropped, the sheriff shall restore his or her permit 13 without imposing a fee. 14 7. An application submitted pursuant to this section must be 15 completed and signed under oath by the applicant. The applicant’s 16 signature must [Text truncated for display. Full text available on LegiScan.]