Existing law provides that an officer authorized to make arrests in this State and certain providers of health care who, based on personal observation of a person, have probable cause to believe that the person is in a mental health crisis, may place the person on a mental health crisis hold. (NRS 433A.160) Under existing law, a mental health crisis hold is the detention of a person alleged to be a person in a mental health crisis for transport, assessment, evaluation, intervention and treatment, which generally may last not more than 72 hours. (NRS 433A.0175, 433A.150)
Existing law also authorizes an officer who has probable cause to believe that a person poses a risk of causing a self-inflicted injury or a personal injury to another person by possessing or purchasing a firearm to file an application for an order for protection against high-risk behavior. (NRS 33.560) Under existing law, an order for protection against high-risk behavior, among other things, requires the person to surrender any firearm possessed or controlled by the person and prohibits the person from possessing or controlling a firearm while the order is in effect. (NRS 33.590)
This bill authorizes an officer to immediately confiscate a firearm that is on the person or in the immediate vicinity of a person placed on a mental health crisis hold and requires the officer, at the time that the firearm is confiscated, to provide the person with a receipt which describes the firearm and a notice which sets forth the procedures governing the return of the firearm.
This bill requires the law enforcement agency retaining custody of the confiscated firearm to, upon the release of the person from treatment, return the firearm to the person unless: (1) an officer of the law enforcement agency files a verified application for an order for protection against high-risk behavior; or (2) the person is prohibited by law from owning, possessing or having custody or control of the firearm.