Provides immunity from civil liability to certain persons returning a firearm under certain circumstances. (BDR 3-1057)
Summary
AB 451 creates a limited civil immunity framework for licensed firearm dealers and local law enforcement agencies that temporarily store a firearm under a voluntary “firearm hold agreement” and later return it to the owner. The bill is aimed at encouraging secure, out-of-home firearm storage as a suicide-prevention measure by reducing the risk that a dealer or agency will face civil liability simply for returning a firearm in accordance with the agreement.
Under the bill, a firearm hold agreement may be written or oral and must involve the dealer or law enforcement agency taking possession of the firearm at the owner’s request and returning it according to the agreement’s terms. The immunity applies to claims arising from the agreement, including personal injury or death occurring after the firearm is returned, but it does not protect grossly negligent, reckless, or unlawful conduct. It also does not apply if the dealer or agency knew at the time of return that the person was likely to misuse the firearm, harm themselves or others, or was legally prohibited from possessing firearms under Nevada law.
Impact
The bill amends Chapter 41 of the Nevada Revised Statutes by adding a new civil immunity provision for licensed firearm dealers and local law enforcement agencies. It does not create a new storage program or mandate participation; instead, it provides liability protection to entities that voluntarily enter into firearm hold agreements and comply with their terms. The practical effect is to encourage temporary firearm storage options by reducing legal exposure for participating dealers and agencies, while preserving liability for misconduct and for returns made despite clear warning signs or legal disqualification.
Sentiment
The bill appears to have been generally favorable in the Legislature, with strong passage in both chambers and only limited opposition. The stated purpose of the measure is suicide prevention, particularly by expanding access to secure, voluntary firearm storage for people at risk and their families. The vote totals suggest broad bipartisan support for the concept of limited immunity tied to a public safety objective.
Contention
The main point of contention is the balance between encouraging voluntary firearm storage and ensuring accountability when a firearm is returned. Supporters likely view the immunity as necessary to make dealers and law enforcement willing to participate in hold agreements, while critics may worry that the bill could shield entities from liability in situations where a return contributes to harm. The bill addresses that concern by carving out exceptions for gross negligence, reckless or unlawful conduct, and for returns made when the person is known to be dangerous or prohibited from possessing firearms.
Provides immunity from civil liability for certain acts and omissions of volunteer security personnel of a religious organization under certain circumstances. (BDR 3-322)
Tort liability; prohibiting civil liability for certain persons under specified circumstances; clarifying applicability of certain immunity. Emergency.
Tort liability; prohibiting civil liability for certain persons under specified circumstances; clarifying applicability of certain immunity. Emergency.
Senate Substitute for HB 2501 by Committee on Federal and State Affairs - Providing for immunity from civil liability to federal firearms licensees for returning a firearm to the firearm owner at the termination of a firearm hold agreement, removing the criminal prohibition against firearm suppressors and shotgun barrel length qualification requirements and providing enhanced penalties for certain felonies committed while using a firearm suppressor or short-barrel shotgun.
Exempts law enforcement and certain other emergency personnel from liability for breaking into motor vehicle to rescue animal under certain circumstances.