Nevada AB 181: Revises provisions governing the restoration of civil rights for certain ex-felons. (BDR 14-720)

Bill Text

A.B. 181
- *AB181*

ASSEMBLY BILL NO. 181–ASSEMBLYMEMBER GALLANT

PREFILED FEBRUARY 2, 2025
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Referred to Committee on Judiciary

SUMMARY—Provides immunity from civil liability to persons
returning a firearm under certain circumstances.
(BDR 3-920)

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 civil liability; providing immunity from civil
liability to persons returning a firearm under certain
circumstances; exempting certain transfers of firearms
from the requirement to conduct a background check; 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 to persons returning a firearm to the owner of the 3
firearm pursuant to an agreement wherein the person: (1) takes physical possession 4
of the owner’s lawfully possessed firearm at the request of the owner; (2) holds the 5
firearm for an agreed period; and (3) returns the firearm to the owner according to 6
the terms of the agreement. 7
Existing law provides certain exemptions from the requirement to conduct a 8
background check when a private person is selling or transferring a firearm. (NRS 9
202.2548) Section 2 of this bill provides that a transfer of a firearm pursuant to a 10
firearm hold agreement as described in section 1 is exempt from the requirement to 11
conduct a background check. 12

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. Except as otherwise provided in subsection 2, a person is 3
immune from civil liability for returning a firearm to the owner of 4
the firearm at the termination of a firearm hold agreement. 5
2. A person is not immune from civil liability pursuant to 6
subsection 1 if the person engaged in unlawful conduct while 7
holding a firearm for the owner or returning the firearm to the 8
owner. 9
3. As used in this section, “firearm hold agreement” means a 10
written or oral agreement between an owner of a firearm and 11
another person in which the other person: 12
(a) Takes physical possession of the owner’s lawfully 13
possessed firearm at the request of the owner; 14
(b) Holds the firearm for an agreed period; and 15
(c) Returns the firearm to the owner according to the terms of 16
the agreement. 17
Sec. 2. NRS 202.2548 is hereby amended to read as follows: 18
202.2548 The provisions of NRS 202.2547 do not apply to: 19
1. The sale or transfer of a firearm by or to any law 20
enforcement agency and, to the extent he or she is acting within the 21
course and scope of his or her employment and official duties, any 22
peace officer, security guard entitled to carry a firearm under NAC 23
648.345, member of the armed forces or federal official. 24
2. The sale or transfer of an antique firearm. 25
3. The sale or transfer of a firearm between immediate family 26
members, which for the purposes of this section means spouses and 27
domestic partners and any of the following relations, whether by 28
whole or half blood, adoption, or step-relation: parents, children, 29
siblings, grandparents, grandchildren, aunts, uncles, nieces and 30
nephews. 31
4. The transfer of a firearm to an executor, administrator, 32
trustee or personal representative of an estate or a trust that occurs 33
by operation of law upon the death of the former owner of the 34
firearm. 35
5. A transfer of a firearm pursuant to a firearm hold 36
agreement as described in section 1 of this act. 37
6. A temporary transfer of a firearm to a person who is not 38
prohibited from buying or possessing firearms under state or federal 39
law if such transfer: 40
(a) Is necessary to prevent imminent death or great bodily harm; 41
and 42

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(b) Lasts only as long as immediately necessary to prevent such 1
imminent death or great bodily harm. 2
[6.] 7. A temporary transfer of a firearm if: 3
(a) The transferor has no reason to believe that the transferee is 4
prohibited from buying or possessing firearms under state or federal 5
law; 6
(b) The transferor has no reason to believe that the transferee 7
will use or intends to use the firearm in the commission of a crime; 8
and 9
(c) Such transfer occurs and the transferee’s possession of the 10
firearm following the transfer is exclusively: 11
(1) At an established shooting range authorized by the 12
governing body of the jurisdiction in which such range is located; 13
(2) At a lawful organized competition involving the use of a 14
firearm; 15
(3) While participating in or practicing for a performance by 16
an organized group that uses firearms as a part of