SB 452 — Prohibits the carrying or possession of a firearm on a covered premises in certain circumstances. (BDR 15-1154)

6.

Except as otherwise provided in this section, a person who violates subsection 3:

(a) For the first offense, is guilty of a misdemeanor;

(b) For the second offense, is guilty of a gross misdemeanor;

and (c) For the third or any subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

7.

It is a defense to a violation of subsection 3 that the person had the written consent of the owner or operator of the covered premises or an agent thereof to possess a firearm on the covered premises.

8.

(1) A securitypeace guardofficer; of a covered premises or an officer of a law enforcement agency who is required to carry a firearm as part of his or her official duties and who is acting in his or her official capacity at the time of possessing the firearm on the covered premises;

(II) Carries a firearm directly to his or her unit from a location where he or she is authorized to carry or store a firearm under this subparagraph or from his or her unit to a location - *SB452* – 5 – where he or she is authorized to carry or store a firearm under this subparagraph;

or (3) A guest of a public accommodation facility who:

- *SB452_R1* – 4 – (I) Purchases a firearm at a trade show in this State;

and (IV) Notifies the public accommodation facility in writing that his or her bag contains an unloaded firearm.firearm;

9.or (4) A person who has the written consent of the owner or operator of a covered premises or an agent thereof to carry or possess a firearm on the covered premises.

Nothing5. in this section shall:

(a)If Prohibitthe owner or restrictoperator of a rule,covered policypremises or practicean ofagent anthereof ownerrequests orthe operatorassistance of a coveredlaw premisesenforcement concerningagency orto prohibitingenforce the presenceprovisions of firearmsthis onsection, the coveredperson premises;making such a request must submit a report to the Nevada Gaming Control Board.

orThe (b)report Requiremust aninclude, ownerwithout orlimitation: operator of a covered premises to adopt a rule, policy or practice concerning or prohibiting the presence of firearms on the covered premises.

10.(a) The date, time and location of the incident giving rise to the request;

and (b) The demographic information of the person suspected of violating this section.

6.

(b) “Covered premises” means any real property containing a licensed gaming establishment which is owned or operated by a person who holds a nonrestricted license, as defined in NRS 463.0177, or any affiliate thereof.

(d) “Official“Licensed capacity”gaming includes,establishment” withouthas limitation, the observancemeaning ofascribed ato mealit orin otherNRS authorized463.0169. break.

(e) “Open“Peace carry”officer” meanshas possessingthe ameaning firearmascribed into anit open manner or unlawfully carrying a concealed firearm in violation of NRS 202.350.289.010.

- *SB452* – 6 – (g) “Residential unit owner” has the meaning ascribed to it in NRS 116B.205.

NRS(Deleted 202.340by isamendment.) herebySec. amended to read as follows:

202.340 1.

Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any instrument or weapon described in NRS 202.350 is taken from the possession of any person charged with the commission of any public offense or crime or any child charged with committing a delinquent act [,] or when any firearm is taken from the possession of any person charged with a third or subsequent violation of section 1 of this act, the instrument , [or] weapon or firearm must be surrendered to:

(a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city;

or (b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.

 In all other cases, the instrument , [or] weapon or firearm must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument , [or] weapon or firearm was taken.

2.

Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument , [or] weapon or firearm is surrendered pursuant to subsection 1 to:

(a) Retain the confiscated instrument , [or] weapon or firearm for use by the law enforcement agency headed by the officer;

(b) Sell the confiscated instrument , [or] weapon or firearm to another law enforcement agency;

(c) Destroy or direct the destruction of the confiscated instrument , [or] weapon or firearm if it is not otherwise required to be destroyed pursuant to subsection 5;

(d) Trade the confiscated instrument , [or] weapon or firearm to a properly licensed retailer or wholesaler in exchange for equipment necessary for the performance of the agency’s duties;

or (e) Donate the confiscated instrument , [or] weapon or firearm to a museum, the Nevada National Guard or, if appropriate, to another person for use which furthers a charitable or public interest.

All(Deleted proceedsby ofamendment.) a- sale*SB452_R1* ordered– pursuant5 – thereto a new section to subsectionread 2as by:follows:

-amended *SB452*by –adding 7 – (a) The governingBoard bodyshall oftransmit athe countyreports orsubmitted citypursuant mustto besection deposited1 withof thethis countyact treasurerto or the cityDirector treasurerof and the countyLegislative treasurerCounsel orBureau thefor citytransmission treasurerto shall credit the proceedsLegislature toon theor generalbefore fundJanuary 1 of theeach countycalendar oryear. city.

(b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.

4.

Any officer receiving an order pursuant to subsection 2 shall comply with the order as soon as practicable.

5.

Except as otherwise provided in subsection 6, the officer to whom a confiscated instrument , [or] weapon or firearm is surrendered pursuant to subsection 1 shall:

(a) Except as otherwise provided in paragraph (c), destroy or direct to be destroyed any instrument , [or] weapon or firearm which is determined to be dangerous to the safety of the public.

(b) Except as otherwise provided in paragraph (c), return any instrument , [or] weapon [,] or firearm which has not been destroyed pursuant to paragraph (a):

(1) Upon demand, to the person from whom the instrument , [or] weapon or firearm was confiscated if the person is acquitted of the public offense or crime of which the person was charged;

or (2) To the legal owner of the instrument , [or] weapon or firearm if the Attorney General or the district attorney determines that the instrument , [or] weapon or firearm was unlawfully acquired from the legal owner.

If retention of the instrument , [or] weapon or firearm is ordered or directed pursuant to paragraph (c), except as otherwise provided in paragraph (a), the instrument , [or] weapon or firearm must be returned to the legal owner as soon as practicable after the order or direction is rescinded.

(c) Retain the confiscated instrument , [or] weapon or firearm held by the officer pursuant to an order of a judge of a court of record or by direction of the Attorney General or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.

(d) Return any instrument , [or] weapon or firearm which was stolen to its rightful owner, unless the return is otherwise prohibited by law.

6.

Before any disposition pursuant to subsection 5, the officer who is in possession of the confiscated instrument , [or] weapon or firearm shall submit a full description of the instrument , [or] weapon or firearm to a laboratory which provides forensic services in this State.

The director of the laboratory shall determine whether the instrument , [or] weapon [:] or firearm:

(a) Must be sent to the laboratory for examination as part of a criminal investigation;

or - *SB452* – 8 – (b) Is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.

3.3.7.

The provisions of NRS 207.200218D.380 isdo herebynot amendedapply to readany asprovision follows:of this act which adds or revises a requirement to submit a report to the Legislature.

207.200 1.

Unless a greater penalty is provided pursuant to NRS 200.603 [,] or section 1 of this act, any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act;

or (b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,  is guilty of a misdemeanor.

The meaning of this subsection is not limited by subsections 2 and 4.

2.

A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:

(a) Painting with fluorescent orange paint:

(1) Not less than 50 square inches of a structure or natural object or the top 12 inches of a post, whether made of wood, metal or other material, at:

(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet;

and (II) Each corner of the land, upon or near the boundary;

and (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;

(b) Fencing the area;

(c) Posting “no trespassing” signs or other notice of like meaning at:

(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet;

and (2) Each corner of the land, upon or near the boundary;

(d) Using the area as cultivated land;

or (e) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.

3.

It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

- *SB452* – 9 – 4.

An entryman on land under the laws of the United States is an owner within the meaning of this section.

5.

As used in this section:

(a) “Cultivated land” means land that has been cleared of its nat(b) “Fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.

The term does not include a barrier made of barbed wire.

(c) “Guest” means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight.

The term does not include a tenant as defined in NRS 118A.170.

H - *SB452**SB452_R1*