202.3657 - Application for permit; eligibility; denial or revocation of permit.

202.3657  Application for permit; eligibility; denial or revocation of permit.

      1.  Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

      2.  Except as otherwise provided in this section, the sheriff shall issue a permit for revolvers, one or more specific semiautomatic firearms, or for revolvers and one or more specific semiautomatic firearms, as applicable, to any person who is qualified to possess the firearm or firearms to which the application pertains under state and federal law, who submits an application in accordance with the provisions of this section and who:

      (a) Is 21 years of age or older;

      (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

      (c) Demonstrates competence with revolvers, each specific semiautomatic firearm to which the application pertains, or revolvers and each such semiautomatic firearm, as applicable, by presenting a certificate or other documentation to the sheriff which shows that the applicant:

             (1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

             (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Ê Such a course must include instruction in the use of revolvers, each semiautomatic firearm to which the application pertains, or revolvers and each such semiautomatic firearm and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.

      3.  The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

      (a) Has an outstanding warrant for his or her arrest.

      (b) Has been judicially declared incompetent or insane.

      (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

      (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:

             (1) Convicted of violating the provisions of NRS 484C.110; or

             (2) Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

      (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

      (f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

      (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

      (h) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

      (i) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

             (1) Withholding of the entry of judgment for a conviction of a felony; or

             (2) Suspension of sentence for the conviction of a felony.

      (j) Has made a false statement on any application for a permit or for the renewal of a permit.

      4.  The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 3 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

      5.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.

      6.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

      (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

      (b) A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;

      (c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;

      (d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

      (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

      (f) The make, model and caliber of each semiautomatic firearm to which the application pertains, if any;

      (g) Whether the application pertains to revolvers;

      (h) A nonrefundable fee in the amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

      (i) A nonrefundable fee set by the sheriff not to exceed $60.

      (Added to NRS by 1995, 2721; A 1997, 1175; 2001, 612, 618, 2579; 2003, 8, 11; 2007, 3151)