(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT A.B. 451
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ASSEMBLY BILL NO. 451–ASSEMBLYMEMBERS
JAUREGUI AND O’NEILL
MARCH 17, 2025
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Referred to Committee on Judiciary
SUMMARY—Provides immunity from civil liability to certain
persons returning a firearm under certain
circumstances. (BDR 3-1057)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to civil immunity; providing immunity from civil
liability to licensed firearm dealers and local law
enforcement agencies under certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides immunity from civil liability to certain persons for acts 1
or omissions under certain circumstances. (Chapter 41 of NRS) This bill extends 2
immunity from civil liability under certain circumstances to a licensed firearm 3
dealer or local law enforcement agency who returns a firearm to the owner of the 4
firearm pursuant to a firearm hold agreement, wherein the licensed firearm dealer 5
or local law enforcement agency: (1) takes physical possession of the owner’s 6
lawfully possessed firearm at the request of the owner; (2) holds the firearm for an 7
agreed upon period of not less than 21 days; and (3) returns the firearm to the 8
owner according to the terms of the agreement. 9
WHEREAS, Suicide is a public health crisis affecting countless 1
Nevada families and communities daily; and 2
WHEREAS, According to the Office of Suicide Prevention of the 3
Division of Public and Behavioral Health of the Department of 4
Health and Human Services, this State had the highest state rate of 5
suicide from 1999-2015 for people 65 years of age or older; and 6
WHEREAS, Suicide prevention for seniors, veterans, military 7
members, their families and all Nevada residents requires expanded 8
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secure, out-of-home storage of firearms to reduce access to lethal 1
means; and 2
WHEREAS, Encouraging temporary and voluntary out-of-home 3
storage of firearms is a critical step in reducing suicide risk and 4
saving lives as has been demonstrated by similar acts and programs 5
in other states; and 6
WHEREAS, It is the intent of this act and the Legislature to 7
facilitate efforts to reduce the risk of suicide by establishing limited 8
civil liability protections for licensed firearm dealers and local law 9
enforcement agencies who enter into agreements with owners of 10
firearms who are voluntarily seeking to securely store their firearms; 11
now, therefore, 12
13
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 14
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 15
16
Section 1. Chapter 41 of NRS is hereby amended by adding 17
thereto a new section to read as follows: 18
1. Except as otherwise provided in subsection 2, a licensed 19
firearm dealer or local law enforcement agency is immune from 20
civil liability for any act or omission arising from a firearm hold 21
agreement, including, without limitation, any personal injury or 22
death which results after the return of any firearm to the owner of 23
the firearm at the termination of a firearm hold agreement. 24
2. A licensed firearm dealer or local law enforcement agency 25
is not immune from civil liability pursuant to subsection 1 if: 26
(a) An action arising from a firearm hold agreement was the 27
result of gross negligence or reckless or unlawful conduct on the 28
part of the licensed firearm dealer or local law enforcement 29
agency; or 30
(b) The licensed firearm dealer or local law enforcement 31
agency knew at the time the person sought to retrieve a firearm 32
pursuant to a firearm hold agreement that the person was: 33
(1) Demonstrating behavior that the person would engage 34
in the unlawful use of the firearm; 35
(2) Demonstrating behavior that the person would cause 36
harm to himself or herself or another person; or 37
(3) Prohibited from owning, possessing or having under his 38
or her custody or control any firearm pursuant to NRS 202.360. 39
3. As used in this section: 40
(a) “Firearm hold agreement” means a written or oral 41
agreement between an owner of a firearm and a licensed firearm 42
dealer or local law enforcement agency in which a licensed 43
firearm dealer or local law enforcement agency: 44
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(1) Takes physical possession of the owner’s lawfully 1
possessed firearm at the request of the owner; 2
(2) Holds the firearm for an agreed upon period of not less 3
than 21 days; and 4
(3) Returns the firearm to the owner according to the terms 5
of the agreement. 6
(b) “Licensed firearm dealer” means a person licensed 7
pursuant to 18 U.S.C. § 923(a). 8
Sec. 2. (Deleted by amendment.) 9
Sec. 3. (Deleted by amendment.) 10
Sec. 4. (Deleted by amendment.) 11
Sec. 5. (Deleted by amendment.) 12
Sec. 6. (Deleted by amendment.) 13
Sec. 7. (Deleted by amendment.) 14
Sec. 8. (Deleted by amendment.) 15
Sec. 9. (Deleted by amendment.) 16
Sec. 10. (Deleted by amendment.) 17
Sec. 11. (Deleted by amendment.) 18
Sec. 12. (Deleted by amendment.) 19
Sec. 13. (Deleted by amendment.) 20
Sec. 14. (Deleted by amendment.) 21
Sec. 15. (Deleted by amendment.) 22
Sec. 16. (Deleted by amendment.) 23
Sec. 17. (Deleted by amendment.) 24
H