S.B. 347
- *SB347*
SENATE BILL NO. 347–SENATORS SCHEIBLE,
CANNIZZARO; DONDERO LOOP AND PAZINA
MARCH 13, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to mental health crisis
holds. (BDR 39-8)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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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 public safety; establishing procedures
governing the confiscation and return of firearms
involving persons placed on a mental health crisis hold;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that an officer authorized to make arrests in this State and 1
certain providers of health care who, based on personal observation of a person, 2
have probable cause to believe that the person is in a mental health crisis, may 3
place the person on a mental health crisis hold. (NRS 433A.160) Under existing 4
law, a mental health crisis hold is the detention of a person alleged to be a person in 5
a mental health crisis for transport, assessment, evaluation, intervention and 6
treatment, which generally may last not more than 72 hours. (NRS 433A.0175, 7
433A.150) 8
This bill authorizes an officer who places a person on a mental health crisis 9
hold to immediately confiscate a firearm owned or possessed by the person and 10
requires the officer, at the time that the firearm is confiscated, to provide the person 11
with a receipt which describes the firearm and a notice which sets forth the 12
procedures governing the return of the firearm. 13
This bill also requires an administrative officer of a public or private mental 14
health facility or hospital, upon the release of a person who was placed on a mental 15
health crisis hold, to: (1) provide the person with a notice of the procedures 16
governing the return of a confiscated firearm; (2) maintain certain records related to 17
the provision of the notice; and (3) inform the law enforcement agency involved in 18
the placement of the person on the mental health crisis hold of the release of the 19
person. 20
This bill requires the law enforcement agency retaining custody of the 21
confiscated firearm, not later than 30 days after the release of the person from 22
the public or private mental health facility or hospital, to: (1) file a petition with the 23
clerk of the district court to determine whether the return of the firearm to the 24
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person would result in the substantial likelihood of serious harm to the person or 25
others; and (2) provide a notice advising the person of the procedure for requesting 26
a hearing on the matter and the potential consequences of failing to request such a 27
hearing. 28
Finally, this bill provides that if a court determines that the return of a firearm 29
would result in a substantial likelihood of serious harm to the person or others or if 30
the court enters an order of default in the matter, the court may authorize the law 31
enforcement agency retaining custody of the confiscated firearm to take certain 32
actions relating to the retention, sale, destruction, trade or donation of the firearm. 33
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 433A of NRS is hereby amended by 1
adding thereto a new section to read as follows: 2
1. An officer authorized to make arrests in the State of 3
Nevada who places a person on a mental health crisis hold 4
pursuant to NRS 433A.160 may immediately confiscate any 5
firearm found to be owned or possessed by the person and the law 6
enforcement agency of the officer shall: 7
(a) Retain custody of the firearm until a court makes a 8
determination pursuant to subsection 7; or 9
(b) Make the firearm available for return to the person 10
pursuant to subsection 8. 11
2. If an officer confiscates a firearm from a person placed on 12
a mental health crisis hold pursuant to subsection 1, the officer 13
shall immediately provide the person with: 14
(a) A receipt which includes a description of the firearm; and 15
(b) A notice describing the procedures set forth in this section 16
for the return of the firearm. 17
3. Upon the release of a person placed on a mental health 18
crisis hold pursuant to NRS 433A.195, an administrative officer of 19
the public or private mental health facility or hospital shall: 20
(a) Provide the person with a notice describing the procedures 21
set forth in this section for the return of the firearm; 22
(b) Maintain a record documenting the compliance of the 23
public or private mental health facility or hospital with paragraph 24
(a); and 25
(c) Inform the law enforcement agency of the officer who 26
confiscated the firearm pursuant to subsection 1 that the person 27
placed on the mental health crisis hold has been released from the 28
public or private mental health facility or hospital. 29
4. A law enforcement agency retaining custody of a firearm 30
pursuant to subsection 1 shall, not later than 30 days after the 31
release of the person by the public or private mental health facility 32
or hospital: 33
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(a) File with the clerk of the district court of the county where 1
the person resides a petition to determine whether the return of the 2
firearm would result in a substantial likelihood of serious harm to 3
the person or others, as determined pursuant to NRS 433A.0195; 4
and 5
(b) Provide a notice to the person advising that: 6
(1) The person has a right to a hearing on the petition 7
described in paragraph (a); 8
(2) If the person desires to have a hearing on the petition, 9
the person must, not later than 30 days after receiving the notice, 10
respond to the clerk described in paragraph (a) to request the 11
scheduling of the hearing; and 12
(3) If the person fails to respond to the notice in accordance 13
with subparagraph (2), the court may issue an order of default and 14
authorize the law enforcement agency to take any action described 15
in subsection 2 of NRS 202.340 as it relates to the confiscated 16
firearm. 17
5. If a person requests the scheduling of a hearing on the 18
petition in accordance with subsection 4, the clerk of the district 19
court shall: 20
(a) Transmit the petition to the appropriate district judge, who 21
shall set a time, date and place for the hearing, which must be not 22
more than 30 days after the date that the request was received by 23
the clerk; and 24
(b) Provide notice of the date, time and place of the hearing to 25
the person requesting the hearing and the law enforcement agency 26
retaining custody of the confiscated firearm. 27
6. If a person does not request the scheduling of a hearing on 28
the petition in accordance with subsection 4, the law enforcement 29
agency retaining custody of the confiscated firearm may file with 30
the clerk of the district court in the county where the person 31
resides a petition for an order of default. 32
7. If a court determines that the return of the firearm would 33
result in a substantial likelihood of serious harm to the person or 34
others pursuant to NRS 433A.0195 or enters an order of default 35
pursuant to subsection 6, the court may authorize the law 36
enforcement agency to take any action described in subsection 2 of 37
NRS 202.340 relating to the confiscated firearm. 38
8. A law enforcement agency that does not file a petition in 39
the time described in subsection 4 shall make the firearm available 40
for return to the person from whom the firearm was confiscated 41
pursuant to subsection 1. 42
Sec. 2. This act becomes effective on July 1, 2025. 43
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