Nevada state outline

Nevada

In Nevada, an Order for Protection Against High-Risk Behavior is a civil order that temporarily prohibits a person at risk of causing injury to self or others from purchasing and possessing firearms. There are two types of Orders for Protection Against High-Risk Behavior: an ex parte Order and an Extended Order. An ex parte Order is in effect for up to 7 days, or until the Extended Order hearing if an Extended Order is requested by the petitioner. An Extended Order is in effect for up to 1 year. Law enforcement and family or household members (including persons related by blood, marriage, or adoption, persons with a child in common, domestic partners, persons in a dating relationship, and a legal guardian of the respondent, among others) may petition for an Order for Protection Against High-Risk Behavior.

When the court issues an Order for Protection Against High-Risk Behavior, the respondent must turn over any firearms in their possession to law enforcement or a third party designated by the court. Respondents must also surrender any concealed carry weapon permit.

Nevada’s Order for Protection Against High-Risk Behavior law, like other Extreme Risk Protection Order laws, includes due process protections to ensure fairness. Due process protections in Nevada’s Order for Protection Against High-Risk Behavior law include ex parte Orders for Protection Against High-Risk Behavior issued by judicial officers; a post-deprivation hearing in order for an ex parte Order to become a Final Order; and the requirement of substantial and credible evidence (e.g. the enumerated factors the judicial officer must consider) to issue an Order for Protection Against High-Risk Behavior.

Explore the following resources to learn more about Nevada’s Order for Protection Against High-Risk Behavior law:

Background: Nevada’s legislature prioritized stronger gun laws following the Route 91 Harvest festival mass shooting in Las Vegas on October 1, 2017, the deadliest mass shooting in modern American history. In June 2019, Governor Steve Sisolak signed AB 291 into law. AB 291, also known as the “1 October bill” was sponsored by Route 91 shooting survivor, Assemblywoman Sandra Jauregui. Among other gun laws, the 1 October bill included Nevada’s Order for Protection Against High-Risk Behavior. Nevada’s Order for Protection Against High-Risk Behavior law went into effect on January 1, 2020.