NRS 33.600 Requirements for surrender of firearm in possession of adverse party.

588 words·~3 min read·/nv/chapter-33-injunctions-protection-orders/33-600

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. After a court orders an adverse party to surrender any firearm pursuant to NRS 33.590 , the adverse party shall, immediately after service of the order, surrender any firearm that is in the possession or control of the adverse party to:

(a)The law enforcement agency designated by the court in the order, if the verified application pursuant to NRS 33.560 was filed by a family or household member; or

(b)The law enforcement agency of the law enforcement officer who filed the verified application pursuant to NRS 33.560 .

2. At the time any firearm is surrendered, the law enforcement agency shall provide the adverse party with a receipt which includes a description of each firearm surrendered and the adverse party shall, not later than 1 business day after surrendering any such firearm, provide the original receipt to the court. The law enforcement agency shall store any such firearm or may contract with a licensed firearm dealer to provide storage.

3. If there is probable cause to believe that the adverse party has not surrendered any firearm that is in the possession or control of the adverse party, any law enforcement officer may apply to the court for a search warrant which authorizes the officer to enter and search any place where there is probable cause to believe any such firearm is located and seize the firearm.

4. If, while executing a search warrant pursuant to subsection 3, the health or safety of the officer or the adverse party is put at risk because of any action of the adverse party, the law enforcement officer is under no duty to continue to attempt to execute the search warrant and the execution of the warrant shall be deemed unsuccessful. If such execution is unsuccessful, the law enforcement agency shall, as soon as practicable after the risk has subsided, attempt to execute the search warrant until the search warrant is successfully executed.

5. A law enforcement agency shall return any surrendered or seized firearm to the adverse party:

(a)In the manner provided by the policies and procedures of the law enforcement agency;

(b)After confirming that:

(1)The adverse party is eligible to own or possess a firearm under state and federal law; and

(2)Any emergency order issued pursuant to NRS 33.570 is dissolved or no longer in effect or a court has issued an order to return the surrendered firearms pursuant to NRS 33.640 , as applicable; and

(c)As soon as practicable but not more than 14 days after the dissolution or expiration of the emergency order or receiving the order to return the surrendered firearms pursuant to NRS 33.640 , as applicable.

6. If a person other than the adverse party claims title to any firearm surrendered or seized pursuant to this section and the person is determined by the law enforcement agency to be the lawful owner, the firearm must be returned to the lawful owner, if:

(a)The lawful owner agrees to store the firearm in a manner such that the adverse party does not have access to or control of the firearm; and

(b)The law enforcement agency determines that:

(1)The firearm is not otherwise unlawfully possessed by the lawful owner; and

(2)The person is eligible to own or possess a firearm under state or federal law.

7. As used in this section, “licensed firearm dealer” means a person licensed pursuant to 18 U.S.C. § 923(a).