Extreme Risk Protection Orders

In 2019, Nevada enacted a law that enables certain individuals to petition a court to remove guns from a person in crisis.1 The law, called an order for protection against high-risk behavior, also referred to as an extreme risk protection order (ERPO), allows a law enforcement officer, or family or household member to file a petition demonstrating to a judge that an individual poses a danger to himself, herself, or others. If the court determines that the petitioner has met the standard of proof, it will issue an order that lasts up to one year. An individual subject to an ERPO must relinquish his or her guns to law enforcement and will be prohibited from possessing firearms for the duration of the order.

A temporary ERPO can be obtained without notice to the individual subject to the ERPO. This order can last up to seven days, before a hearing is held to determine whether a year-long order is appropriate.2

The petitioner can submit a request to hold a hearing to terminate the order early.3

Read more about these types of laws on our policy page, Extreme Risk Protection Orders.

Relinquishment Of Firearms By People Convicted Of Firearm-prohibiting Crimes

Under Nevada law, if a prohibited person is convicted of a crime, the court in which the person is convicted must order the person to surrender any firearm that the person owns or possesses, to a designated law enforcement agency, a person designated by court order or a licensed firearm dealer.4 The person must, within 24 hours of service of the order:

  • Surrender any firearm that the person owns or possesses to the appropriate local law enforcement agency designated by the court (the agency must provide the person with a receipt including a description and serial number of the firearm surrendered, this receipt must be presented to the court within 3 days);
  • Surrender any firearm that the person owns or possesses to a person designated by the court  (within 3 days, the person surrendering his or her firearms in this manner must provide to the court and the appropriate local law enforcement agency the name and address of the person designated in the order and a written description and serial number of each firearm surrendered to such person);
  • Sell or transfer any firearm the person owns or possesses to a licensed firearm dealer (the dealer shall provide the person with a receipt which includes a description and serial number of each firearm sold or transferred and the within three days the person must provide the receipt to the court and appropriate local law enforcement agency); or
  • Submit an affidavit informing the court that he or she does not own or possess any firearm and acknowledging that failure to surrender, sell or transfer any firearm he or she owns or possesses is a violation of the order and of Nevada law.5

If there is probable cause to believe that the person has not surrendered, sold or transferred any firearm that the person owns or possesses within 24 hours after service of the court order, then the court may issue and deliver to any law enforcement officer a search warrant authorizing the law enforcement officer to enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.6

See the Nevada Domestic Violence & Firearms section for further information about how Nevada law disarms persons who have been convicted of domestic violence or who are subject to a domestic violence restraining order.

Notes
  1. 2019 NV AB 291. ⤴︎
  2. Id. ⤴︎
  3. Id. ⤴︎
  4. Nev. Rev. Stat. Ann. § 202.361. ⤴︎
  5. Nev. Rev. Stat. Ann. § 202.361. ⤴︎
  6. Nev. Rev. Stat. Ann. § 202.361(5). ⤴︎