NRS 202.340
Confiscation and disposition of dangerous weapons by law enforcement agencies.


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, the instrument or weapon 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.
Ê In all other cases, the instrument or weapon 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 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 is surrendered pursuant to subsection 1 to:

(a)

Retain the confiscated instrument or weapon for use by the law enforcement agency headed by the officer;

(b)

Sell the confiscated instrument or weapon to another law enforcement agency;

(c)

Destroy or direct the destruction of the confiscated instrument or weapon if it is not otherwise required to be destroyed pursuant to subsection 5;

(d)

Trade the confiscated instrument or weapon 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 to a museum, the Nevada National Guard or, if appropriate, to another person for use which furthers a charitable or public interest.

3.

All proceeds of a sale ordered pursuant to subsection 2 by:

(a)

The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or 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 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 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, which has not been destroyed pursuant to paragraph (a):

(1)

Upon demand, to the person from whom the instrument or weapon 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 if the Attorney General or the district attorney determines that the instrument or weapon was unlawfully acquired from the legal owner. If retention of the instrument or weapon is ordered or directed pursuant to paragraph (c), except as otherwise provided in paragraph (a), the instrument or weapon 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 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 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 shall submit a full description of the instrument or weapon to a laboratory which provides forensic services in this State. The director of the laboratory shall determine whether the instrument or weapon:

(a)

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

(b)

Is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.

Source: Section 202.340 — Confiscation and disposition of dangerous weapons by law enforcement agencies., https://www.­leg.­state.­nv.­us/NRS/NRS-202.­html#NRS202Sec340.

202.255
Setting spring gun or other deadly weapon: Unlawful and permitted uses
202.257
Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance
202.260
Unlawful possession, manufacture or disposition of explosive or incendiary device: Penalty
202.261
Possession of component of explosive or incendiary device with intent to manufacture explosive or incendiary device: Penalty
202.262
Possession of explosive or incendiary device in or near certain public or private areas: Penalty
202.263
Unlawful manufacture, purchase, possession, sale, advertisement or transportation of hoax bomb: Penalty
202.265
Possession of dangerous weapon on property or in vehicle of school or child care facility
202.273
Unlawful manufacture or sale of certain metal-penetrating bullets: Exceptions
202.274
Unlawful import, sale, manufacture, transfer, receipt or possession of certain semiautomatic firearms, devices or parts that modify semiautomatic firearms: Penalties
202.275
Possession, manufacture or disposition of short-barreled rifle or short-barreled shotgun: Penalty
202.277
Changing, altering, removing or obliterating serial number of firearm prohibited
202.280
Discharging firearm in or upon public streets or in places of public resort
202.285
Discharging firearm at or into structure, vehicle, aircraft or watercraft
202.287
Discharging firearm within or from structure or vehicle
202.290
Aiming firearm at human being
202.300
Use or possession of firearm by child under age of 18 years
202.310
Sale of firearms to minors
202.320
Drawing deadly weapon in threatening manner.
202.340
Confiscation and disposition of dangerous weapons by law enforcement agencies.
202.350
Manufacture, importation, possession or use of dangerous weapon or silencer
202.357
Electronic stun device: Use prohibited except for self-defense
202.360
Ownership or possession of firearm by certain persons prohibited
202.361
Surrender, sale or transfer of firearm by person prohibited from owning or possessing firearm
202.362
Sale, transfer or disposal of firearm or ammunition to certain persons prohibited
Last Updated

Jun. 24, 2021

§ 202.340’s source at nv​.us