Nevada Remedies; Special Actions and Proceedings

Sec. § 33.033
Requirements for surrender, sale or transfer of firearm in possession of adverse party; authorization to charge fee for collection and storage of firearm.

1.

If a court orders an adverse party to surrender, sell or transfer any firearm pursuant to NRS 33.031, the adverse party shall, not later than 24 hours after service of the order:

(a)

Surrender any firearm in the adverse party’s possession or under the adverse party’s custody or control to the appropriate local law enforcement agency designated by the court in the order;

(b)

Surrender any firearm in the adverse party’s possession or under the adverse party’s custody or control to a person designated by the court in the order;

(c)

Sell or transfer any firearm in the adverse party’s possession or under the adverse party’s custody or control to a licensed firearm dealer; or

(d)

Submit an affidavit:

(1)

Informing the court that he or she currently does not have any firearm in his or her possession or under his or her custody or control; and

(2)

Acknowledging that failure to surrender, sell or transfer any firearm in his or her possession or under his or her custody or control is a violation of the extended order and state law.

2.

If the court orders the adverse party to surrender any firearm to a local law enforcement agency pursuant to paragraph (a) of subsection 1, the law enforcement agency shall provide the adverse party with a receipt which includes a description of each firearm surrendered and the serial number of each firearm surrendered. The adverse party shall, not later than 72 hours or 1 business day, whichever is later, after surrendering any such firearm, provide the receipt to the court.

3.

If the court orders the adverse party to surrender any firearm to a person designated by the court pursuant to paragraph (b) of subsection 1, the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after the adverse party surrenders any firearm to such person, 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 of each firearm surrendered and the serial number of each firearm surrendered to such person.

4.

If the adverse party sells or transfers any firearm to a licensed firearm dealer pursuant to paragraph (c) of subsection 1:

(a)

The licensed firearm dealer shall provide the adverse party with a receipt which includes a description of each firearm sold or transferred, the serial number of each firearm sold or transferred and, if the firearm was transferred, whether the transfer is permanent or temporary; and

(b)

The adverse party shall, not later than 72 hours or 1 business day, whichever is later, after such sale or transfer, provide the receipt to the court and the appropriate local law enforcement agency.

5.

If there is probable cause to believe that the adverse party has not surrendered, sold or transferred any firearm in the adverse party’s possession or under the adverse party’s custody or control within 24 hours after service of the order, the court may issue and deliver to any law enforcement officer a search warrant which authorizes 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.

A local law enforcement agency may charge and collect a fee from the adverse party for the collection and storage of a firearm pursuant to this section. The fee must not exceed the cost incurred by the local law enforcement agency to provide the service.

7.

A licensed firearm dealer may charge and collect a fee from the adverse party for the storage of a firearm pursuant to this section.

8.

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

Last accessed
Feb. 5, 2021

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