Revises provisions relating to public safety. (BDR 15-942)

Existing law prohibits certain persons from owning or having in their possession or under their custody or control “any firearm.” (NRS 202.360) The Nevada Supreme Court has held that the State may only charge a defendant with one count of being a prohibited person in possession of a firearm for each such incident, regardless of the number of firearms that the defendant possessed at one time, in one place. (State v. Fourth Jud. Dist. Court, 137 Nev. 37 (2021)) Section 3 of this bill clarifies the Legislature's intent with regard to this prohibition by providing that, for purposes of prosecuting a violation of the prohibition, each firearm owned, possessed or under the custody or control of a person constitutes a separate violation. Section 4 of this bill makes a conforming change to indicate the proper placement of section 3 in the Nevada Revised Statutes. The Brady Handgun Violence Prevention Act requires that a background check be conducted on any person wishing to purchase or redeem a firearm to determine whether the person is prohibited from purchasing or possessing a firearm pursuant to federal or state law. (Pub. L. No. 103-159, 107 Stat. 1536) Among other requirements, the Bipartisan Safer Communities Act requires any background check conducted on a prospective buyer who is less than 21 years of age to include a review of certain information and records to determine whether the person is disqualified from purchasing or possessing a firearm under federal or state law. (Pub. L. No. 117-159, 136 Stat. 1313) Sections 5-7 of this bill authorize a juvenile justice agency and the juvenile court to release certain information and records for the purpose of performing a background check to determine whether a person is eligible to purchase or possess a firearm under federal or state law. Existing law requires a court to transmit certain records of adjudication concerning a person's mental health to the Central Repository for Nevada Records of Criminal History, along with a statement that the record is being transmitted for inclusion in all appropriate databases of the National Instant Criminal Background Check System. (NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 433A.310, 433A.343) Section 8.5 of this bill requires a court to transmit to the Central Repository certain records relating to the court-ordered admission to certain mental health facilities of certain children with an emotional disturbance who are in the custody of an agency which provides child welfare services. Section 7.7 of this bill provides that no action for damages may be brought against the court or an employee of the court for transmitting a record pursuant to section 8.5. Existing law requires the inclusion, correction and removal of certain records in each appropriate database of the National Instant Background Check System for certain purposes relating to the purchase or possession of a firearm. (NRS 179A.163, 179A.165, 179A.167, 433A.310) Section 7.5 of this bill requires the inclusion, correction and removal of certain records transmitted pursuant to section 8.5 in each appropriate database of the National Instant Criminal Background Check System for the same purpose. Section 7.5 also requires the Central Repository to take reasonable steps to ensure that the information contained in a record transmitted pursuant to section 8.5 is removed from the National Instant Criminal Background Check System when the person who is the subject of the record reaches 21 years of age.

• Fabian DoñateD
• Julie PazinaD
• Marilyn Dondero LoopD