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Thread: Nrs 202.340

  1. #1
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    Nrs 202.340

    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.
    Ę 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.
    [1:93:1913; 1919 RL p. 2710; NCL § 2300] + [2:93:1913; A 1953, 546]—(NRS A 1959, 547; 1967, 1719; 1989, 12, 143, 144; 1995, 304, 1154, 1161)

    Correct me if I'm wrong, but this says I'm never getting my pistol back. And someone convicted of simple trespassing, or any other non-gun/non-violent misdemeanor while in possession of a firearm would never get it back, either. Look at 1. and 5.(b)(1).

  2. #2
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    "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."

    Perhaps this section applies to you?
    Last edited by FallonJeeper; 07-06-2012 at 12:50 AM.
    Hoka hey

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    Therein lies the rub. I was arrested for DUI and possession of a firearm while intoxicated. I was not charged with those public offenses. I was charged with not having proof of insurance, and was acquitted. I was charged with obstructing a public officer, and convicted.

    I'm wondering if I should file a motion for a writ of mandamus, explaining the DUI/PFWI arrest and lack of charges.
    Last edited by Yard Sale; 07-06-2012 at 01:01 PM.

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    I would move to have the order or direction to be rescinded. It's not necessary for purposes of evidence.

    "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."
    Hoka hey

  5. #5
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    There was never any court order to hold it in the first place. There may be an order from the city attorney but I don't think they will rescind it.

  6. #6
    Regular Member usmcmustang's Avatar
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    Quote Originally Posted by Yard Sale View Post
    There was never any court order to hold it in the first place. There may be an order from the city attorney but I don't think they will rescind it.
    Don't know if this helps at all (different court, jurisdiction, etc., etc.), but...

    My son had his sidearm taken from him and logged into evidence and put away in the CNLV Police Department evidence locker. His arrest was as the result of a traffic stop and he ultimately went to CNLV Muni Court on charges of aggressive driving; multiple driver's licenses; illegal window tint; and dangerous/deadly weapon in vehicle (a CNLV ordinance violation). Long story, short... he wasn't convicted of the dangerous/deadly weapon charge and in the Judge's Order of what was what, he directed the "return" of any personal property confiscated by the police on the date of arrest, and specifically my son's sidearm. With that order, my son was able to go to the police station and recover his weapon, magazine(s), and ammo.

    So, me thinks you are in need of a Judge's order... perhaps if you submitted a "formal," written instrument addressed to the court noting that you would appreciate having your personal property returned???? Then the Judge could "modify" whatever order that already exists that evidently doesn't (but should have) specified the return of "personal property." Just a thought...
    Last edited by usmcmustang; 07-06-2012 at 05:19 PM.

  7. #7
    Regular Member The Big Guy's Avatar
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    You might check with the Second Amendment Foundation as they along with CalGuns have brought suit in Federal Court against the Cities of San Francisco and Oakland over the fact that
    they will not return firearms to their owners after the cases were settled without conviction. The case is Churchill, et al. v. Harris, et al.

    TBG
    Life member GOA and NRA. Member of SAF, NAGR, TXGR and Cast Bullet Assoc.

  8. #8
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    Quote Originally Posted by Yard Sale View Post
    Therein lies the rub. I was arrested for DUI and possession of a firearm while intoxicated. I was not charged with those public offenses. I was charged with not having proof of insurance, and was acquitted. I was charged with obstructing a public officer, and convicted.

    I'm wondering if I should file a motion for a writ of mandamus, explaining the DUI/PFWI arrest and lack of charges.
    Your conviction was for an offense unrelated to the firearm. Send a letter to the City Attorney explaining the circumstances, pointing out that there was no firearm-related offense (the fact that you were nol prossed on the possession is proof of that) and telling him that unless the pistol is returned within a reasonable time frame (say, 2 weeks), you intend to file suit for the return of the pistol, plus court costs and attorney's fees -- and that once filed, you will not accept settlement which doesn't cover all of your costs.

    You are likely to get quick results. If not, then FILE.

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