Existing law authorizes a family or household member who reasonably believes, or a law enforcement officer who has probable cause to believe, that a person poses an imminent risk of causing personal injury to himself or herself or another person by possessing, controlling, purchasing or otherwise acquiring a firearm, to file a verified application for an emergency or extended order for protection against high-risk behavior. (NRS 33.560) Existing law also prohibits certain persons from owning or having in their possession or under their custody or control any firearm under certain circumstances. (NRS 202.360) Sections 2-14 of this bill establish a process wherein a person may voluntarily seek to temporarily restrict his or her ability to possess, have custody or control of or purchase or otherwise acquire any firearm. Section 8 of this bill requires the Department of Public Safety to: (1) develop a process and forms for inclusion on, and removal from, a list of temporary restricted persons; and (2) maintain the list. Section 9 of this bill requires: (1) a licensed firearm dealer or local law enforcement agency to accept such forms from persons requesting inclusion on the list of temporary restricted persons and transmit the forms to the Central Repository for Nevada Records of Criminal History through the Nevada Criminal Justice Information System; and (2) the Central Repository to add such persons to the list of temporary restricted persons and enter the information in the National Instant Criminal Background Check System. Section 11 of this bill provides a similar process for requesting removal from the list of temporary restricted persons. Section 12 of this bill requires a licensed firearm dealer or local law enforcement agency, as applicable, to destroy the files and the Central Repository to destroy the records after a person is removed from the list of temporary restricted persons. Under existing law, a person who wishes to carry a concealed firearm is required to obtain a permit from the sheriff and certain persons are prohibited from obtaining such a permit. (NRS 202.3657) Section 15 of this bill requires the sheriff to deny an application for or suspend a permit to carry a concealed firearm if a person is temporarily restricted from possessing, having custody or control of or purchasing or otherwise acquiring any firearm. Section 13 of this bill provides that all forms and records relating to temporary restrictions under sections 2-14 are confidential and are not public records. Section 16 of this bill makes a conforming change to indicate that such information is exempt from the requirement that public books and public records of a governmental entity must be open to inspection.

Statutes affected:
As Introduced: 202.3657, 239.010
BDR: 202.3657, 239.010