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)
This bill authorizes an officer who places a person on a mental health crisis hold to immediately confiscate a firearm owned or possessed by the person 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 also requires an administrative officer of a public or private mental health facility or hospital, upon the release of a person who was placed on a mental health crisis hold, to: (1) provide the person with a notice of the procedures governing the return of a confiscated firearm; (2) maintain certain records related to the provision of the notice; and (3) inform the law enforcement agency involved in the placement of the person on the mental health crisis hold of the release of the person.
This bill requires the law enforcement agency retaining custody of the confiscated firearm, not later than 30 days after the release of the person from the public or private mental health facility or hospital, to: (1) file a petition with the clerk of the district court to determine whether the return of the firearm to the person would result in the substantial likelihood of serious harm to the person or others; and (2) provide a notice advising the person of the procedure for requesting a hearing on the matter and the potential consequences of failing to request such a hearing.
Finally, this bill provides that if a court determines that the return of a firearm would result in a substantial likelihood of serious harm to the person or others or if the court enters an order of default in the matter, the court may authorize the law enforcement agency retaining custody of the confiscated firearm to take certain actions relating to the retention, sale, destruction, trade or donation of the firearm.