41.0395 - Person from whom firearm is unlawfully confiscated may commence action against State or political subdivision responsible for confiscation; court in which action may be commenced; court shal - Nevada Statutes

41.0395  Person from whom firearm is unlawfully confiscated may commence action against State or political subdivision responsible for confiscation; court in which action may be commenced; court shall award attorney’s fees and costs.

      1.  A person from whom a firearm is confiscated in violation of NRS 414.155 may seek relief in a suit, action or other proceeding at law or in equity, including, without limitation, an action for the return of the firearm, against:

      (a) The State of Nevada or a political subdivision thereof; and

      (b) The officer or employee of the State or a political subdivision thereof or worker who confiscated or authorized the confiscation of the firearm.

      2.  The proceeding may be commenced in a court of competent jurisdiction in the county in which:

      (a) The person bringing the proceeding resides; or

      (b) The firearm may be found.

      3.  If a person who brings a proceeding pursuant to this section prevails, the court shall award the person, in addition to any other remedy provided by law, reasonable attorney’s fees and costs.

      4.  As used in this section:

      (a) “Firearm” has the meaning ascribed to it in NRS 414.0355.

      (b) “Worker” has the meaning ascribed to it in NRS 414.110.

      (Added to NRS by 2007, 359)