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During the recent legislative session, a “red flag” law was passed to enable requests for an ex parte or extended order to remove guns from high risk individuals. The law, which became effective on January 1 this year, appears in Nevada Assembly Bill 291 (AB291) with some amendments in AB480. The amendments clarify when the district court has jurisdiction and eliminate a conflicting time provision.
The new law authorizes a family member, household member, or law enforcement officer to file a verified application to obtain an ex parte or extended order against a person who engages in high risk behavior. High risk behavior has a number of definitions, including when a person uses or attempt to use violence or physical force against themselves or another person; when a person communicates a threat of imminent violence; or when a person engages in conduct that presents a danger while the person is in possession of a firearm. When the protective order is granted, the subject of the petition is prohibited possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm.
The law requires the court to have 24/7 availability for law enforcement to have telephonic hearings. For family applications and for non-telephonic law enforcement applications, hearings must be held the day the application is filed or the next judicial day.
After the order is granted, the law requires service by the appropriate law enforcement agency. The subject of the application is required to relinquish all firearms and any concealed weapons permits immediately. The subject of the application then has seventy-two hours to file a receipt with the court. All orders are reported to the Nevada Criminal Repository.
The court commenced with handling the applications and will have a designated judge on duty on a weekly rotating schedule. The civil/criminal division judges will handle ex parte or extended order applications, since those involved will likely have a nexus with the criminal justice system. Since the “red flag” provision is new, the application volume has not yet been gauged. If needed, a second judge will be designated to meet application demand.
Forms to obtain an ex parte or extended order are available on the Eighth Judicial District Court website forms page http://www.clarkcountycourts.us/departments/clerk/common-forms/ or at the Civil Law Self-Help Center located in the Regional Justice Center at 200 Lewis Ave.
To see the law visit the Nevada State Legislature website:
AB291 https://www.leg.state.nv.us/App/NELIS/REL//80th2019/Bill/6530/Text
AB480 https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6930/Overview
This article by Chief Judge Linda Marie Bell was originally published in the in Communiqué, the official publication of the Clark County Bar Association (February 2020) https://www.clarkcountybar.org/communique/february-2020/
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