SB457 sets quick compliance hearings for court‑ordered gun surrender; defense warns warrant-based language raises constitutional problems

The SB457 amendment would change several chapters of Nevada law to require prompt compliance hearings when a court orders a person to surrender firearms following a domestic‑battery conviction, an extended protective order, or as a condition of pretrial release. Jennifer Noble told the committee that "offenders convicted of domestic battery who are ordered to surrender their firearms must appear for a compliance hearing within 2 to 5 business days. If the person is in custody when the order is issued, a compliance hearing must be held within 1 day of the person's release." Noble said the hearing could be canceled if the person submits documentation showing the firearm was surrendered, transferred or sold; the provision also contemplates cancellation if a search warrant has been issued.

Opponents challenged the inclusion of search warrants as a basis to cancel hearings, arguing that warrants require probable cause and cannot be issued merely to confirm compliance. Paloma Guerrero of the Clark County Public Defender's Office warned the committee that the language could allow warrant requests that lack the required probable cause: "Search warrants require probable cause, which must be based on specific articulable facts that suggest a crime has occurred, and courts cannot issue a warrant simply to verify compliance with an order. Probable cause cannot rest on suspicion alone."

Why this matters: The proposal compresses deadlines for judicial oversight of firearm surrender and places new burdens on courts and on defendants. Supporters say quick compliance hearings will improve enforcement and victim safety. Opponents said the draft language around search warrants risks constitutional error and asked for reworking of the cancellation options.