- 82nd Session (2023)
Senate Bill No. 294–Senators Donate; Flores,
D. Harris and Scheible
Joint Sponsor: Assemblywoman Bilbray-Axelrod
CHAPTER..........
AN ACT relating to firearms; requiring a licensed dealer to provide
a locking device capable of securing a firearm with each sale
or transfer of a firearm; requiring a licensed gun dealer to
post a notice on the premises which informs a buyer that the
unlawful storage of a firearm may result in imprisonment or a
fine; requiring the board of trustees of each school district
and the governing body of each charter school to include
certain provisions related to active assailants in a plan for
responding to a crisis, emergency or suicide; requiring certain
school police officers to receive training in active assailant
movement techniques; requiring the Department of Health
and Human Services to develop and implement a safe firearm
storage education campaign; providing penalties; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) prohibits a person from aiding or knowingly permitting a
child to handle, possess or control a firearm under certain circumstances; (2)
provides that a person does not aid or knowingly permit a child to violate such
existing law if the firearm was stored in a securely locked container or at a location
which a reasonable person would have believed to be secure; and (3) makes it a
misdemeanor to negligently store or leave a firearm at a location under his or her
control, if a person knows or has reason to know that there is a substantial risk that
a child, who is otherwise prohibited from handling, possessing or controlling a
firearm, may obtain such a firearm. (NRS 202.300)
Section 4 of this bill requires a licensed dealer to: (1) provide with each firearm
sold or otherwise transferred a locking device capable of securing the firearm; and
(2) post in a conspicuous location on its premises a notice which informs a buyer
that the negligent storage of a firearm may result in imprisonment or a fine. A
licensed dealer who violates a requirement of section 4 is guilty of a misdemeanor
punishable by a fine of not more than $500. Section 5 of this bill makes a
conforming change to indicate the proper placement of section 4 in the Nevada
Revised Statutes.
Existing law requires the board of trustees of each school district and the
governing body of each charter school to establish a development committee to
develop a plan to be used by the schools in the district or the charter school in
responding to a crisis, emergency or suicide. Such a committee, under existing law,
is required to develop a plan which constitutes the minimum requirements of a plan
for a school to use. (NRS 388.241, 388.243)
Section 9.1 of this bill requires such a plan to include, if the school district has
school police officers, a plan to coordinate with local law enforcement agencies to
train school police officers in active assailant movement techniques. Section 9.1
additionally requires the plan to include a plan to: (1) coordinate with local law
enforcement agencies or public safety organizations to provide active assailant
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trainings to employees of a school; (2) provide certain support to pupils and
members of the faculty and staff who have experienced a crisis or emergency; (3)
ensure that members of the faculty and staff and a pupil’s parents or legal guardians
are notified of the occurrence, development and conclusion of a crisis or an
emergency through any communication method established by a school; and (4)
inform a pupil’s parent or legal guardian of any state requirement related to the
storage of firearms.
Existing law authorizes: (1) the board of trustees of a school district to employ,
appoint or contract for the provision of school police officers; and (2) the governing
body of a charter school to contract with the board of trustees of the school district
in which the charter school is located to provide school police officers. (NRS
388A.384, 391.281) Sections 9.2 and 9.3 of this bill require school police officers
to receive training in active assailant movement techniques before beginning their
service as a school police officer. Section 9.1 defines the terms “active assailant
movement techniques” and “active assailant training” for the purpose of sections
9.1-9.3.
Existing law creates within the Department of Health and Human Services a
Statewide Program for Suicide Prevention and requires the Coordinator of the
Program to develop and maintain an Internet or network site with links to certain
resources for suicide prevention. (NRS 439.511) Section 10 of this bill requires the
Program, in consultation with the Department and to the extent that money is
available, to develop and implement a safe firearm storage education campaign to
inform and educate certain persons about certain information relating to the safe
storage of firearms. Section 10 authorizes the Program to: (1) develop and provide
to local law enforcement agencies and health care providers certain materials
relating to the safe storage of firearms; (2) provide owners of firearms with
information relating to the cost of purchasing locking devices, gun safes or other
secure storage containers for firearms; and (3) use any advertising medium or form
of messaging deemed appropriate by the Department in furtherance of the goals of
the education campaign. Under section 10, the Department of Health and Human
Services is required to post on the Internet or network site certain information about
community programs that allow owners of firearms to voluntarily and temporarily
store a firearm at certain secure locations outside of their homes.
Section 11 of this bill further requires the Coordinator to post on the Internet or
network site information relating to: (1) the crime of negligent storage of a firearm;
(2) the penalties for such an offense; and (3) the requirement that a licensed dealer
provide a locking device with each firearm transferred. Section 11 also requires the
Coordinator to develop and provide to certain persons an informational pamphlet
which includes certain information about the offense of negligent storage of a
firearm.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 202 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2, 3 and 4 of this act.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. 1. Every licensed dealer shall:
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(a) Provide with each firearm sold or otherwise transferred a
locking device capable of securing the firearm; and
(b) Post in a conspicuous location on its premises and at any
other location at which the dealer sells a firearm a sign which is
not less than 8.5 inches wide by 11 inches high and which
contains, in at least 24-point boldface type, the following:
NOTICE
Negligent storage of a firearm may result in imprisonment
or fine.
2. A licensed dealer who violates any provision of subsection
1 is guilty of a misdemeanor and shall be punished by a fine of not
more than $500.
3. The provisions of this section do not apply to an antique
firearm or a firearm that has been determined to be a curio or
relic pursuant to 18 U.S.C. Chapter 44.
4. As used in this section:
(a) “Licensed dealer” has the meaning ascribed to it in
NRS 202.2546.
(b) “Locking device” means a device which prohibits the
operation or discharge of a firearm and which can only be
disabled with the use of a key, a combination, biometric data or
other similar means.
Sec. 5. NRS 202.253 is hereby amended to read as follows:
202.253 As used in NRS 202.253 to 202.369, inclusive [:] ,
and section 4 of this act:
1. “Antique firearm” has the meaning ascribed to it in 18
U.S.C. § 921(a)(16).
2. “Explosive or incendiary device” means any explosive or
incendiary material or substance that has been constructed, altered,
packaged or arranged in such a manner that its ordinary use would
cause destruction or injury to life or property.
3. “Firearm” means any device designed to be used as a
weapon from which a projectile may be expelled through the barrel
by the force of any explosion or other form of combustion.
4. “Firearm capable of being concealed upon the person”
applies to and includes all firearms having a barrel less than 12
inches in length.
5. “Firearms importer or manufacturer” means a person
licensed to import or manufacture firearms pursuant to 18 U.S.C.
Chapter 44.
6. “Machine gun” means any weapon which shoots, is
designed to shoot or can be readily restored to shoot more than one
shot, without manual reloading, by a single function of the trigger.
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7. “Motor vehicle” means every vehicle that is self-propelled.
8. “Semiautomatic firearm” means any firearm that:
(a) Uses a portion of the energy of a firing cartridge to extract
the fired cartridge case and chamber the next shell or round;
(b) Requires a separate function of the trigger to fire each
cartridge; and
(c) Is not a machine gun.
9. “Unfinished frame or receiver” means a blank, a casting or a
machined body that is intended to be turned into the frame or lower
receiver of a firearm with additional machining and which has been
formed or machined to the point at which most of the major
machining operations have been completed to turn the blank, casting
or machined body into a frame or lower receiver of a firearm even if
the fire-control cavity area of the blank, casting or machined body is
still completely solid and unmachined.
Secs. 6-9. (Deleted by amendment.)
Sec. 9.1. NRS 388.243 is hereby amended to read as follows:
388.243 1. Each emergency operations plan development
committee established by the board of trustees of a school district
shall develop one plan, which constitutes the minimum requirements
of a plan, to be used by all the public schools other than the charter
schools in the school district in responding to a crisis, emergency or
suicide and all other hazards. Each emergency operations plan
development committee established by the governing body of a
charter school shall develop a plan, which constitutes the minimum
requirements of a plan, to be used by the charter school in
responding to a crisis, emergency or suicide and all other hazards.
Each emergency operations plan development committee shall,
when developing the plan:
(a) Consult with local social service agencies and local public
safety agencies in the county in which its school district or charter
school is located.
(b) If the school district has an emergency manager designated
pursuant to NRS 388.262, consult with the emergency manager.
(c) If the school district has school resource officers, consult
with the school resource officer or a person designated by him or
her.
(d) If the school district has school police officers, consult with
the chief of school police of the school district or a person
designated by him or her.
(e) Consult with the director of the local organization for
emergency management or, if there is no local organization for
emergency management, with the Chief of the Division of
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Emergency Management of the Office of the Military or his or her
designee.
(f) Consult with the State Fire Marshal or his or her designee
and a representative of a local government responsible for
enforcement of the ordinances, codes or other regulations governing
fire safety.
(g) Determine which persons and organizations in the
community, including, without limitation, a provider of mental
health services which is operated by a state or local agency, that
could be made available to assist pupils and staff in recovering from
a crisis, emergency or suicide.
2. The plan developed pursuant to subsection 1 must include,
without limitation:
(a) The plans, procedures and information included in the model
plan developed by the Department pursuant to NRS 388.253;
(b) A procedure for responding to a crisis or an emergency and
for responding during the period after a crisis or an emergency has
concluded, including, without limitation, a crisis or an emergency
that results in immediate physical harm to a pupil or employee of a
school in the school district or the charter school;
(c) A procedure for enforcing discipline within a school in the
school district or the charter school and for obtaining and
maintaining a safe and orderly environment during a crisis or an
emergency;
(d) The names of persons and organizations in the community,
including, without limitation, a provider of mental health services
which is operated by a state or local agency, that are available to
provide counseling and other services to pupils and staff of the
school to assist them in recovering from a crisis, emergency or
suicide;
(e) A plan for making the persons and organizations described in
paragraph (d) available to pupils and staff after a crisis, emergency
or suicide;
(f) A procedure for responding to a crisis or an emergency that
occurs during an extracurricular activity which takes place on school
grounds;
(g) A plan which includes strategies to assist pupils and staff at a
school in recovering from a suicide; [and]
(h) A description of the organizational structure which ensures
there is a clearly defined hierarchy of authority and responsibility
used by the school for the purpose of responding to a crisis,
emergency or suicide [.] ;
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(i) If the school district has school police officers, a plan to
coordinate with local law enforcement agencies to train school
police officers in active assailant movement techniques;
(j) A plan to coordinate with local law enforcement agencies or
public safety organizations to provide active assailant trainings to
each employee of the school;
(k) A plan to provide support to:
(1) Pupils who have experienced a crisis or emergency by
using trauma-informed and age-appropriate resources; and
(2) Members of the faculty and staff who have experienced
a crisis or emergency by using trauma-informed resources;
(l) A plan to ensure that members of the faculty and staff and
a pupil’s parents or legal guardians are notified of the occurrence,
development and conclusion of a crisis or an emergency through
any communication method established by a school, including,
without limitation, communicating through text message or
electronic mail; and
(m) A plan to inform, at least twice each academic year, a
pupil’s parent or legal guardian of any state requirement related
to the storage of firearms, including, without limitation, the crimes
and penalties described in subsection 5 of NRS 202.300 and
section 4 of this act.
3. Each emergency operations plan development committee
shall provide for review a copy of the plan that it develops pursuant
to this section to the board of trustees of the school district that
established the committee or the governing body of the charter
school that established the committee.
4. The board of trustees of the school district that established
the committee or the governing body of the charter school that
established the committee shall submit for review to the Division of
Emergency Management of the Office of the Military the plan
developed pursuant to this section.
5. Except as otherwise provided in NRS 388.249 and 388.251,
each public school must comply with the plan developed for it
pursuant to this section.
6. As used in this section:
(a) “Active assailant movement techniques” means any
training in the technical and tactical skills necessary for school
police officers to respond to a crisis or emergency concerning an
active assailant.
(b) “Active assailant training” means any training in
responding to a crisis or emergency concerning an active assailant
that is necessary to evacuate or secure the school.
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Sec. 9.2. NRS 388A.384 is hereby amended to read as
follows:
388A.384 1. If the governing body of a charter school makes
a request to the board of trustees of the school district in which the
charter school is located for the provision of school police officers
pursuant to NRS 388A.378, the board of trustees of the school
district must enter into a contract with the governing body for that
purpose. Such a contract must provide for payment by the charter
school for the provision of school police officers by the school
district which must be in an amount not to exceed the actual cost to
the school district of providing the officers, including, without
limitation, any other costs associated with providing the officers. If
the school district is the sponsor of the charter school, the contract
entered into pursuant to this section must be separate from any other
contract or agreement with the sponsor.
2. Any contract for the provision of school police officers
pursuant to this section must be entered into between the governing
body of the charter school and the board of trustees of the school
district by not later than March 15 for the next school year and must
provide for the provision of school police officers for not less than 3
school years.
3. A school district that enters into a contract pursuant to this
section with a charter school for the provision of school police
officers is immune from civil and criminal liability for any act or
omission of a school police officer that provides services to the
charter school pursuant to the contract.
4. The governing body of a charter school shall ensure that
each school police officer receives training in active assailant
movement techniques before beginning his or her service as a
school police officer.
5. As used in this section, “active assailant movement
techniques” has the meaning ascribed to it in NRS 388.243.
Sec. 9.3. NRS 391.281 is hereby amended to read as follows:
391.281 1. Each applicant for employment or appointment
pursuant to this section or employee, except a teacher or other
person licensed by the Superintendent of Public Instruction, must,
before beginning his or her employment or appointment and at least
once every 5 years thereafter, submit to the school district:
(a) A full set of the applicant’s or employee’s fingerprints and
written permission authorizing the school district to forward the
fingerprints to the Central Repository for Nevada Records of
Criminal History for its report on the criminal history of the
applicant or employee and for submission to the Federal Bureau of
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Investigation for its report on the criminal history of the applicant or
employee.
(b) Written authorization for the board of trustees of the school
district to obtain any information concerning the applicant or
employee that may be available from the Statewide Central Registry
and any equivalent registry maintained by a governmental entity in a
jurisdiction in which the applicant or employee has resided within
the immediately preceding 5 years.
2. In conducting an investigation into the background of an
applicant or employee, a school district may cooperate with any
appropriate law enforcement agency to obtain information relating
to the criminal history of the applicant or employee, including,
without limitation, any record of warrants for the arrest of or
applications for protective orders against the applicant or employee.
3. The board of trustees of a school district may use a
substantiated report of the abuse or neglect of a child, as defined in
NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or
394.366 obtained from the Statewide Central Registry or an
equivalent registry maintained by a governmental agency in another
jurisdiction:
(a) In making determinations concerning assignments, requiring
retraining, imposing discipline, hiring or termination; and
(b) In any proceedings to which the report is relevant, including,
without limitation, an action for trespass or a restraining order.
4. The board of trustees of a school district:
(a) May accept any gifts, grants and donations to carry out the
provisions of subsections 1 and 2.
(b) May not be held liable for damages resulting from any action
of the board of trustees authorized by subsection 2 or 3.
5. The board of trustees of a school district may employ or
appoint persons to serve as school police officers. If the board of
trustees of a school district employs or appoints persons to serve as
school police officers, the board of trustees shall employ a law
enforcement officer to serve as the chief of school police who is
supervised by the superintendent of schools of the school district.
The chief of school police shall supervise each person appointed or
employed by the board of trustees as a school police officer,
including any school police officer that provides services to a
charter school pursuant to a contract entered into with the board of
trustees pursuant to NRS 388A.384. In addition, persons who
provide police services pursuant to subsection 6 or 7 shall be
deemed school police officers.
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6. The board of trustees of a school district in a county that has
a metropolitan police department created pursuant to chapter 280 of
NRS may contract with the metropolitan police department for the
provision and supervision of police services in the public schools
within the jurisdiction of the metropolitan police department and on
property therein that is owned by the school district and on property
therein that is owned or occupied by a charter school if the board of
trustees has entered into a contract with the charter school for the
provision of school police officers pursuant to NRS 388A.384. If a
contract is entered into pursuant to this subsection, the contract must
make provision for the transfer of each school police officer
employed by the board of trustees to the metropolitan police
department. If the board of trustees of a school district contracts
with a metropolitan police department pursuant to this subsection,
the board of trustees shall, if applicable, cooperate with appropriate
local law enforcement agencies within the school district for the
provision and supervision of police services in the public schools
within the school district, including, without limitation, any charter
school with which the school district has entered into a contract for
the provision of school police officers pursuant to NRS 388A.384,
and on property owned by the school district and, if applicable, the
property owned or occupied by the charter school, but outside the
jurisdiction of the metropolitan police department.
7. The board of trustees of a school district in a county that
does not have a metropolitan police department created pursuant to
chapter 280 of NRS may contract with the sheriff of that county for
the provision of police services in the public schools within the
school district, including, without limitation, in any charter school
with which the board of trustees has entered into a contract for the
provision of school police officers pursuant to NRS 388A.384, and
on property therein that is owned by the school district and, if
applicable, the property owned or occupied by the charter school.
8. The board of trustees of a school district shall ensure that
each school police officer receives training in [the] :
(a) The prevention of suicide ; and
(b) Active assailant movement techniques,
before beginning his or her service as a school police officer.
9. As used in this section, “active assailant movement
techniques” has the meaning ascribed to it in NRS 388.243.
Sec. 10. Chapter 439 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. To the extent that money is available, and in consultation
with the Department, the Statewide Program for Suicide
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Prevention shall develop and implement a safe firearm storage
education campaign to inform and educate purchasers of
firearms, licensed dealers, shooting ranges and safety instructors
about the safe storage of firearms and state requirements related
to the safe storage of firearms.
2. As part of the education campaign, the Statewide Program
for Suicide Prevention may:
(a) Develop and provide materials to local law enforcement
agencies and health care providers to assist with educating the
public about the safe storage of firearms and state requirements
related to the storage of firearms;
(b) Provide information to owners of firearms about programs
that assist with the cost of purchasing locking devices for firearms,
gun safes or other secure storage containers for firearms,
including, without limitation, programs that provide free or
reduced-price locking devices; and
(c) In furtherance of the goals of the education campaign, use
any publishing, radio or other advertising medium or any other
form of messaging deemed appropriate by the Department.
3. The Department shall provide information on the Internet
or network site developed pursuant to paragraph (i) of subsection
3 of NRS 439.511, information about community programs that
allow owners of firearms to voluntarily and temporarily store a
firearm at a secure location outside of the home, including,
without limitation, a licensed dealer, gun range or law
enforcement agency.
4. The Department may provide assistance to any local entity
that facilitates a program described in subsection 3.
5. The Department may accept gifts, grants and donations
from any source for the purpose of carrying out the provisions of
this section.
Sec. 11. NRS 439.511 is hereby amended to read as follows:
439.511 1. There is hereby created within the Department a
Statewide Program for Suicide Prevention. The Department shall
implement the Statewide Program for Suicide Prevention, which
must, without limitation:
(a) Create public awareness for issues relating to suicide
prevention;
(b) Build community networks; and
(c) Carry out training programs for suicide prevention for law
enforcement personnel, providers of health care, school employees,
family members of veterans, members of the military and other
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persons at risk of suicide and other persons who have contact with
persons at risk of suicide.
2. The Director shall employ a Coordinator of the Statewide
Program for Suicide Prevention. The Coordinator:
(a) Must have at least the following education and experience:
(1) A bachelor’s degree in social work, psychology,
sociology, counseling or a closely related field and 5 years or more
of work experience in behavioral health or a closely related field; or
(2) A master’s degree or a doctoral degree in social work,
psychology, sociology, counseling, public health or a closely related
field and 2 years or more of work experience in behavioral health or
a closely related field.
(b) Should have as many of the following characteristics as
possible:
(1) Significant professional experience in social services,
mental health or a closely related field;
(2) Knowledge of group behavior and dynamics, methods of
facilitation, community development, behavioral health treatment
and prevention programs, and community-based behavioral health
problems;
(3) Experience in working with diverse community groups
and constituents; and
(4) Experience in writing grants and technical reports.
3. The Coordinator shall:
(a) Provide educational activities to the general public relating to
suicide prevention;
(b) Provide training to persons who, as part of their usual
routine, have face-to-face contact with persons who may be at risk
of suicide, including, without limitation, training to recognize
persons at risk of suicide and providing information on how to refer
those persons for treatment or supporting services, as appropriate;
(c) To the extent that money is available for this purpose,
provide training to family members of veterans, members of the
military and other persons at risk of suicide, including, without
limitation, training in recognizing and productively interacting with
persons at risk of suicide and the manner in which to refer those
persons to persons professionally trained in suicide intervention and
prevention;
(d) Develop and carry out public awareness and media
campaigns in each county targeting groups of persons who are at
risk of suicide;
(e) Enhance crisis services relating to suicide prevention;
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(f) Link persons trained in the assessment of and intervention in
suicide with schools, public community centers, nursing homes and
other facilities serving persons most at risk of suicide;
(g) Coordinate the establishment of local advisory groups in
each county to support the efforts of the Statewide Program;
(h) Work with groups advocating suicide prevention,
community coalitions, managers of existing crisis hotlines that are
nationally accredited or certified, and staff members of mental
health agencies in this State to identify and address the barriers that
interfere with providing services to groups of persons who are at
risk of suicide, including, without limitation, elderly persons, Native
Americans, youths and residents of rural communities;
(i) Develop and maintain an Internet or network site with links
to appropriate resource documents, suicide hotlines that are
nationally accredited or certified, licensed professional personnel,
state and local mental health agencies and appropriate national
organizations;
(j) Post on the Internet or network site developed and
maintained pursuant to paragraph (i) any applicable law relating
to the negligent storage of a firearm, including, without limitation,
the crimes and penalties described in subsection 5 of NRS 202.300
and section 4 of this act;
(k) Review current research on data collection for factors related
to suicide and develop recommendations for improved systems of
surveillance and uniform collection of data;
[(k)] (l) Develop and submit proposals for funding from
agencies of the Federal Government and nongovernmental
organizations; [and
(l)] (m) Oversee and provide technical assistance to each person
employed to act as a trainer for suicide prevention pursuant to NRS
439.513 [.] ; and
(n) Develop and provide to licensed dealers, shooting ranges,
safety instructors and health care providers an information
pamphlet which includes information about any applicable law
relating to the negligent storage of a firearm, including, without
limitation, subsection 5 of NRS 202.300 and section 4 of this act.
4. As used in this section:
(a) “Internet or network site” means any identifiable site on the
Internet or on a network and includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource
Locator; and
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(3) A site on a network that is owned, operated, administered
or controlled by a provider of Internet service.
(b) “Systems of surveillance” means systems pursuant to which
the health conditions of the general public are regularly monitored
through systematic collection, evaluation and reporting of
measurable information to identify and understand trends relating to
suicide.
Sec. 12. (Deleted by amendment.)
Sec. 13. This act becomes effective on July 1, 2023.
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