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
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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
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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
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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
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(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
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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 be witnessed by an employee of the sheriff or 17
notarized by a notary public. The application must include: 18
(a) The name, address, place and date of birth, social security 19
number, occupation and employer of the applicant and any other 20
names used by the applicant; 21
(b) A complete set of the applicant’s fingerprints taken by the 22
sheriff or his or her agent; 23
(c) A front-view colored photograph of the applicant taken by 24
the sheriff or his or her agent; 25
(d) If the applicant is a resident of this State, the driver’s license 26
number or identification card number of the applicant issued by the 27
Department of Motor Vehicles; 28
(e) If the applicant is not a resident of this State, the driver’s 29
license number or identification card number of the applicant issued 30
by another state or jurisdiction; 31
(f) If the applicant is a person described in subparagraph (2) of 32
paragraph (a) of subsection 3, proof that the applicant: 33
(1) Is a member of the Armed Forces of the United States, a 34
reserve component thereof or the National Guard, as evidenced by 35
his or her current military identification card; or 36
(2) Was discharged or released from service in the Armed 37
Forces of the United States, a reserve component thereof or the 38
National Guard under honorable conditions, as evidenced by his or 39
her DD Form 214, “Certificate of Release or Discharge from Active 40
Duty,” or other document of honorable separation issued by the 41
United States Department of Defense; 42
(g) A nonrefundable fee equal to the nonvolunteer rate charged 43
by the Central Repository for Nevada Records of Criminal History 44
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and the Federal Bureau of Investigation to obtain the reports 1
required pursuant to subsection 1 of NRS 202.366; and 2
(h) A nonrefundable fee set by the sheriff not to exceed $60. 3
Sec. 3. NRS 202.3677 is hereby amended to read as follows: 4
202.3677 1. If a permittee wishes to renew his or her permit, 5
the permittee must: 6
(a) Complete and submit to the sheriff who issued the permit an 7
application for renewal of the permit; and 8
(b) Undergo an investigation by the sheriff pursuant to NRS 9
202.366 to determine if the permittee is eligible for a permit. 10
2. An application for the renewal of a permit must: 11
(a) Be completed and signed under oath by the applicant; 12
(b) Contain a statement that the applicant is eligible to receive a 13
permit pursuant to NRS 202.3657; 14
(c) Be accompanied by a nonrefundable fee equal to the 15
nonvolunteer rate charged by the Central Repository for Nevada 16
Records of Criminal History and the Federal Bureau of Investigation 17
to obtain the reports required pursuant to subsection 1 of NRS 18
202.366; and 19
(d) Be accompanied by a nonrefundable fee of $25. 20
If a permittee fails to renew his or her permit on or before the 21
date of expiration of the permit, the application for renewal must 22
include an additional nonrefundable late fee of $15. 23
3. No permit may be renewed pursuant to this section unless 24
the permittee has demonstrated continued competence with 25
handguns by successfully completing a course prescribed by the 26
sheriff renewing the permit. A sheriff may not prescribe such a 27
course unless the sheriff determines that the course meets any 28
uniform statewide standards, including, without limitation, the 29
timeframe for completing a course and the length of the course, 30
that are established for renewing the permit by the Nevada 31
Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and 32
Chiefs’ Association ceases to exist, its legal successor. 33
Sec. 4. NRS 202.3678 is hereby amended to read as follows: 34
202.3678 1. A retired law enforcement officer who is a 35
resident of this State may apply, on a uniform statewide form 36
prescribed by regulation of the Department, to the sheriff of the 37
county in which he or she resides for any certification required 38
pursuant to 18 U.S.C. § 926C(d) to become a qualified retired law 39
enforcement officer. A retired law enforcement officer who is not a 40
resident of this State may apply, on a uniform statewide form 41
prescribed by regulation of the Department, to the sheriff of any 42
county for any certification required pursuant to 18 U.S.C. § 43
926C(d) to become a qualified retired law enforcement officer. 44
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Application forms for certification must be provided by the sheriff 1
of each county upon request. 2
2. A law enforcement agency in this State shall offer a retired 3
law enforcement officer who retired from the law enforcement 4
agency the opportunity to obtain the firearms qualification that is 5
necessary to obtain the certification from the sheriff pursuant to 6
subsection 1 at least twice per year at the same facility at which the 7
law enforcement agency provides firearms training for its active law 8
enforcement officers. The law enforcement agency may impose a 9
nonrefundable fee in the amount necessary to pay the expenses for 10
providing the firearms qualification. 11
3. The sheriff shall provide the certification pursuant to 12
subsection 1 to a retired law enforcement officer who submits a 13
completed application and pays any fee required pursuant to this 14
subsection if the sheriff determines that the officer meets the 15
standards for training and qualifications. The sheriff may impose a 16
nonrefundable fee in the amount necessary to pay the expenses in 17
providing the certification. 18
4. As used in this section: 19
(a) “Law enforcement agency” has the meaning ascribed to it in 20
NRS 239C.065. 21
(b) “Qualified retired law enforcement officer” has the meaning 22
ascribed to it in 18 U.S.C. § 926C. 23
Sec. 5. NRS 179A.140 is hereby amended to read as follows: 24
179A.140 1. Except as otherwise provided in this section, an 25
agency of criminal justice may charge a reasonable fee for 26
information relating to records of criminal history provided to any 27
person or governmental entity. 28
2. An agency of criminal justice shall not charge a fee for 29
providing such information to another agency of criminal justice if 30
the information is provided for purposes of the administration of 31
criminal justice. 32
3. The Central Repository shall not charge such a fee: 33
(a) For information relating to a person regarding whom the 34
Central Repository provided a similar report within the immediately 35
preceding 90 days in conjunction with the application by that person 36
for professional licensure; 37
(b) For information provided to any organization that meets the 38
criteria established by regulation pursuant to paragraph (b) of 39
subsection 5 of NRS 179A.310; [or] 40
(c) For information provided to a person who is required to 41
conduct a background check pursuant to NRS 202.2547 [.] ; or 42
(d) For information provided to a licensed firearm dealer if the 43
dealer is required to conduct a background check pursuant to 44
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federal law for a peace officer or qualified retired law enforcement 1
officer. As used in this paragraph: 2
(1) “Licensed firearm dealer” means a person licensed 3
pursuant to 18 U.S.C. § 923(a). 4
(2) “Qualified retired law enforcement officer” has the 5
meaning ascribed to it in 18 U.S.C. § 926C. 6
4. The Director may request an allocation from the 7
Contingency Account pursuant to NRS 353.266, 353.268 and 8
353.269 to cover the costs incurred by the Department to carry out 9
the provisions of paragraph (b) of subsection 3. 10
5. All money received or collected by the Department pursuant 11
to this section must be used to defray the cost of operating the 12
Central Repository or for any other purpose authorized by the 13
Legislature, and any balance of the money remaining at the end of a 14
fiscal year reverts to the State General Fund. 15
H