Assembly Bill No. 192–Assemblymen Segerblom, Williams, Parks, Anderson, Gibbons, Buckley, Freeman, Arberry, Berman, Manendo, Chowning, McClain, Koivisto, de Braga, Evans, Goldwater, Giunchigliani, Mortenson and Leslie

February 10, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning firearms. (BDR 15-74)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to firearms; prohibiting a person from negligently storing a firearm; imposing civil liability upon the parent, guardian or other person who is legally responsible for a minor for negligently storing a firearm if the minor gains access to the firearm and commits a negligent act or willful misconduct; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 202 of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 1. Except as otherwise provided in NRS 202.300 and subsection 5, a

1-4 child who is under the age of 18 years shall not handle or have in his

1-5 possession or under his control, except while accompanied by or under

1-6 the immediate charge of his parent or guardian or an adult person

1-7 authorized by his parent or guardian to have control or custody of the

1-8 child, any firearm of any kind for hunting or target practice or for any

1-9 other purpose. A child who violates this subsection commits a delinquent

1-10 act and the court may order the detention of the child in the same

1-11 manner as if the child had committed an act that would have been a

1-12 felony if committed by an adult.

1-13 2. A person who aids or knowingly allows a child to violate

1-14 subsection 1 or who negligently stores a firearm in a manner that results

1-15 in a child gaining access to the firearm in violation of subsection 1:

2-1 (a) For the first offense:

2-2 (1) If the child does not discharge the firearm, is guilty of a

2-3 misdemeanor;

2-4 (2) If the child discharges the firearm and causes serious bodily

2-5 injury or death to himself or another person and the person who

2-6 committed the offense did not know or have reason to know that there

2-7 was a substantial risk that the child would use the firearm to commit a

2-8 violent act, is guilty of a gross misdemeanor; and

2-9 (3) If the child discharges the firearm and causes serious bodily

2-10 injury or death to himself or another person and the person who

2-11 committed the offense knew or had reason to know that there was a

2-12 substantial risk that the child would use the firearm to commit a violent

2-13 act, is guilty of a category C felony and shall be punished as provided in

2-14 NRS 193.130.

2-15 (b) For the second or any subsequent offense, is guilty of a category B

2-16 felony and shall be punished by imprisonment in the state prison for a

2-17 minimum term of not less than 1 year and a maximum term of not more

2-18 than 6 years, and may be further punished by a fine of not more than

2-19 $5,000.

2-20 3. A person shall be deemed to have negligently stored a firearm if he

2-21 kept the firearm at a location that was under his custody or control and

2-22 he knew or had reason to know that a child was likely to gain access to

2-23 the firearm without permission.

2-24 4. A person does not aid or knowingly allow a child to violate

2-25 subsection 1 and does not negligently store a firearm in a manner that

2-26 results in a child gaining access to the firearm in violation of subsection

2-27 1 if:

2-28 (a) The firearm was stored in a securely locked container or at a

2-29 location which the person believed or had reason to believe was secure;

2-30 (b) The child obtained the firearm as a result of an unlawful entry by

2-31 any person in or upon the premises where the firearm was stored;

2-32 (c) The child discharged the firearm causing serious bodily injury or

2-33 death to himself or another person and the serious bodily injury or death

2-34 resulted from an accident which was incident to target shooting, sport

2-35 shooting or hunting; or

2-36 (d) The child gained possession of the firearm from a member of the

2-37 military or a law enforcement officer, while the member or officer was

2-38 performing his official duties.

2-39 5. The provisions of subsection 1 do not apply to a child who is a

2-40 member of the Armed Forces of the United States.

3-1 Sec. 2. NRS 202.300 is hereby amended to read as follows:

3-2 202.300 1. [Except as otherwise provided in this section, a child

3-3 under the age of 18 years shall not handle or have in his possession or

3-4 under his control, except while accompanied by or under the immediate

3-5 charge of his parent or guardian or an adult person authorized by his parent

3-6 or guardian to have control or custody of the child, any firearm of any kind

3-7 for hunting or target practice or for other purposes. A child who violates

3-8 this subsection commits a delinquent act and the court may order the

3-9 detention of the child in the same manner as if the child had committed an

3-10 act that would have been a felony if committed by an adult.

3-11 2. A person who aids or knowingly permits a child to violate

3-12 subsection 1:

3-13 (a) Except as otherwise provided in paragraph (b), for the first offense,

3-14 is guilty of a misdemeanor.

3-15 (b) For a first offense, if the person knows or has reason to know that

3-16 there is a substantial risk that the child will use the firearm to commit a

3-17 violent act, is guilty of a category C felony and shall be punished as

3-18 provided in NRS 193.130.

3-19 (c) For a second or any subsequent offense, is guilty of a category B

3-20 felony and shall be punished by imprisonment in the state prison for a

3-21 minimum term of not less than 1 year and a maximum term of not more

3-22 than 6 years, and may be further punished by a fine of not more than

3-23 $5,000.

3-24 3. A person does not aid or knowingly permit a child to violate

3-25 subsection 1 if:

3-26 (a) The firearm was stored in a securely locked container or at a

3-27 location which a reasonable person would have believed to be secure;

3-28 (b) The child obtained the firearm as a result of an unlawful entry by

3-29 any person in or upon the premises where the firearm was stored;

3-30 (c) The injury or death resulted from an accident which was incident to

3-31 target shooting, sport shooting or hunting; or

3-32 (d) The child gained possession of the firearm from a member of the

3-33 military or a law enforcement officer, while the member or officer was

3-34 performing his official duties.

3-35 4. The provisions of subsection 1 do not apply to a child who is a

3-36 member of the Armed Forces of the United States.

3-37 5.] Except as otherwise provided in subsection [8,] 4, a child who is 14

3-38 years of age or older, who has in his possession a valid license to hunt,

3-39 may handle or have in his possession or under his control, without being

3-40 accompanied by his parent or guardian or an adult person authorized by his

3-41 parent or guardian to have control or custody of him:

4-1 (a) A rifle or shotgun that is not a fully automatic firearm, if the child is

4-2 not otherwise prohibited by law from possessing the rifle or shotgun and

4-3 the child has the permission of his parent or guardian to handle or have in

4-4 his possession or under his control the rifle or shotgun; or

4-5 (b) A firearm capable of being concealed upon the person, if the child

4-6 has the written permission of his parent or guardian to handle or have in

4-7 his possession or under his control such a firearm and the child is not

4-8 otherwise prohibited by law from possessing such a firearm,

4-9 and the child is traveling to the area in which he will be hunting or

4-10 returning from that area and the firearm is not loaded, or the child is

4-11 hunting pursuant to that license.

4-12 [6.] 2. Except as otherwise provided in subsection [8,] 4, a child who

4-13 is 14 years of age or older may handle or have in his possession or under

4-14 his control a rifle or shotgun that is not a fully automatic firearm if the

4-15 child is not otherwise prohibited by law from possessing the rifle or

4-16 shotgun, without being accompanied by his parent or guardian or an adult

4-17 person authorized by his parent or guardian to have control or custody of

4-18 him, if the child has the permission of his parent or guardian to handle or

4-19 have in his possession or under his control the rifle or shotgun and the

4-20 child is:

4-21 (a) Attending a course of instruction in the responsibilities of hunters or

4-22 a course of instruction in the safe use of firearms;

4-23 (b) Practicing the use of a firearm at an established firing range or at

4-24 any other area where the discharge of a firearm is permitted;

4-25 (c) Participating in a lawfully organized competition or performance

4-26 involving the use of a firearm;

4-27 (d) Within an area in which the discharge of firearms has not been

4-28 prohibited by local ordinance or regulation and he is engaging in a lawful

4-29 hunting activity in accordance with chapter 502 of NRS for which a license

4-30 is not required;

4-31 (e) Traveling to or from any activity described in paragraph (a), (b), (c)

4-32 or (d), and the firearm is not loaded;

4-33 (f) On real property that is under the control of an adult, and the child

4-34 has the permission of that adult to possess the firearm on the real property;

4-35 or

4-36 (g) At his residence.

4-37 [7.] 3. Except as otherwise provided in subsection [8,] 4, a child who

4-38 is 14 years of age or older may handle or have in his possession or under

4-39 his control, for the purpose of engaging in any of the activities listed in

4-40 paragraphs (a) to (g), inclusive, of subsection [6,] 2, a firearm capable of

4-41 being concealed upon the person, without being accompanied by his parent

4-42 or guardian or an adult person authorized by his parent or guardian to have

4-43 control or custody of him, if the child:

5-1 (a) Has the written permission of his parent or guardian to handle or

5-2 have in his possession or under his control such a firearm for the purpose

5-3 of engaging in such an activity; and

5-4 (b) Is not otherwise prohibited by law from possessing such a firearm.

5-5 [8.] 4. A child shall not handle or have in his possession or under his

5-6 control a loaded firearm if he is:

5-7 (a) An occupant of a motor vehicle;

5-8 (b) Within any residence, including his residence, or any building other

5-9 than a facility licensed for target practice, unless possession of the firearm

5-10 is necessary for the immediate defense of the child or another person; or

5-11 (c) Within an area designated by a county or municipal ordinance as a

5-12 populated area for the purpose of prohibiting the discharge of weapons,

5-13 unless he is within a facility licensed for target practice.

5-14 [9.] 5. For the purposes of this section, a firearm is loaded if:

5-15 (a) There is a cartridge in the chamber of the firearm;

5-16 (b) There is a cartridge in the cylinder of the firearm, if the firearm is a

5-17 revolver; or

5-18 (c) There is a cartridge in the magazine and the magazine is in the

5-19 firearm or there is a cartridge in the chamber, if the firearm is a

5-20 semiautomatic firearm.

5-21 Sec. 3. NRS 41.472 is hereby amended to read as follows:

5-22 41.472 1. If a parent, guardian or other person legally responsible for

5-23 a minor under the age of 18 years:

5-24 (a) Knows that the minor has previously been adjudicated delinquent or

5-25 has been convicted of a criminal offense [;] and allows the minor to use or

5-26 possess a firearm;

5-27 (b) Knows that the minor has a propensity to commit violent acts [; or]

5-28 and allows the minor to use or possess a firearm;

5-29 (c) Knows or has reason to know that the minor intends to use [the] a

5-30 firearm for unlawful purposes [, and permits] and allows the minor to use

5-31 or possess a firearm [,] ; or

5-32 (d) Negligently stores a firearm in violation of section 1 of this act and

5-33 the minor gains access to the firearm,

5-34 any negligence or willful misconduct of the minor in connection with such

5-35 use or possession of the firearm is imputed to the person who permits such

5-36 use or possession or who negligently stores the firearm for all purposes of

5-37 civil damages, and, notwithstanding the provisions of subsection 2 of NRS

5-38 41.470, that person is jointly and severally liable with the minor for any

5-39 and all damages caused by such negligence or willful misconduct.

5-40 2. As used in this section, "firearm" has the meaning ascribed to it in

5-41 NRS 202.253.

6-1 Sec. 4. NRS 62.228 is hereby amended to read as follows:

6-2 62.228 1. In addition to the options set forth in NRS 62.211 and

6-3 62.213, if a child is adjudicated delinquent pursuant to paragraph (b) of

6-4 subsection 1 of NRS 62.040 because he handled or possessed a firearm or

6-5 had a firearm under his control in violation of [NRS 202.300,] section 1 of

6-6 this act, the court shall:

6-7 (a) For the first offense:

6-8 (1) Require him to perform 200 hours of public service in the manner

6-9 provided in paragraph (i) of subsection 1 of NRS 62.211; and

6-10 (2) Suspend his driver’s license for not more than 1 year or, if he

6-11 does not possess a driver’s license, prohibit the child from receiving a

6-12 driver’s license for not more than 1 year:

6-13 (I) Immediately following the date of the order, if the child is

6-14 eligible to receive a driver’s license.

6-15 (II) After the date he becomes eligible to receive a driver’s license,

6-16 if the child is not eligible to receive a license on the date of the order.

6-17 (b) For the second offense:

6-18 (1) Require him to perform at least 200 hours, but not more than 600

6-19 hours, of public service in the manner provided in paragraph (i) of

6-20 subsection 1 of NRS 62.211; and

6-21 (2) Suspend his driver’s license for at least 90 days but not more than

6-22 2 years or, if he does not possess a driver’s license, prohibit the child from

6-23 receiving a driver’s license for at least 90 days but not more than 2 years:

6-24 (I) Immediately following the date of the order, if the child is

6-25 eligible to receive a driver’s license.

6-26 (II) After the date he becomes eligible to receive a driver’s license,

6-27 if the child is not eligible to receive a license on the date of the order.

6-28 2. If the court issues an order suspending the driver’s license of a child

6-29 pursuant to this section, the judge shall require the child to surrender his

6-30 driver’s license to the court.

6-31 3. If a child is already the subject of a court order suspending or

6-32 delaying the issuance of his driver’s license, the court shall order an

6-33 additional suspension or delay, as appropriate, to apply consecutively with

6-34 the previous order.

6-35 Sec. 5. NRS 62.229 is hereby amended to read as follows:

6-36 62.229 In addition to the options set forth in NRS 62.211 and 62.213

6-37 and the requirements of NRS 62.228, if a child is adjudicated delinquent

6-38 pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he

6-39 handled or possessed a firearm or had a firearm under his control in

6-40 violation of [NRS 202.300,] section 1 of this act, the court shall order that

6-41 any license to hunt issued to the child pursuant to chapter 502 of NRS must

6-42 be revoked by the division of wildlife of the state department of

6-43 conservation and natural resources and that the child shall not receive a

7-1 license to hunt within the 2 years following the date of the order or until he

7-2 is 18 years of age, whichever is later. The judge shall require the child to

7-3 surrender to the court any license to hunt then held by the child. The court

7-4 shall, within 5 days after issuing the order, forward to the division of

7-5 wildlife any license to hunt surrendered by the child, together with a copy

7-6 of the order.

7-7 Sec. 6. NRS 179.118 is hereby amended to read as follows:

7-8 179.118 1. The proceeds from any sale or retention of property

7-9 declared to be forfeited must be applied, first, to the satisfaction of any

7-10 protected interest established by a claimant in the proceeding, then to the

7-11 proper expenses of the proceeding for forfeiture and resulting sale,

7-12 including the expense of effecting the seizure, the expense of maintaining

7-13 custody, the expense of advertising and the costs of the suit.

7-14 2. Any balance remaining after the distribution required by subsection

7-15 1 must be deposited as follows:

7-16 (a) Except as otherwise provided in this subsection, if the plaintiff

7-17 seized the property, in the special account established pursuant to NRS

7-18 179.1187 by the governing body that controls the plaintiff.

7-19 (b) Except as otherwise provided in this subsection, if the plaintiff is a

7-20 metropolitan police department, in the special account established by the

7-21 metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.

7-22 (c) Except as otherwise provided in this subsection, if more than one

7-23 agency was substantially involved in the seizure, in an equitable manner to

7-24 be directed by the court hearing the proceeding for forfeiture.

7-25 (d) If the property was seized pursuant to NRS 200.760, in the state

7-26 treasury for credit to the fund for the compensation of victims of crime to

7-27 be used for the counseling and the medical treatment of victims of crimes

7-28 committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or

7-29 201.230.

7-30 (e) If the property was seized as the result of a violation of [NRS

7-31 202.300,] section 1 of this act, in the general fund of the county in which

7-32 the complaint for forfeiture was filed, to be used to support programs of

7-33 counseling of persons ordered by the court to attend counseling pursuant to

7-34 paragraph (e) of subsection 1 of NRS 62.211.

7-35 Sec. 7. NRS 179.121 is hereby amended to read as follows:

7-36 179.121 1. All personal property, including any tool, substance,

7-37 weapon, machine, money or security, which is used as an instrumentality

7-38 in:

7-39 (a) The commission of or attempted commission of the crime of

7-40 murder, robbery, kidnaping, burglary, invasion of the home, grand larceny

7-41 or pandering;

7-42 (b) The commission of any crime by a criminal gang, as defined in NRS

7-43 213.1263; or

8-1 (c) A violation of NRS 200.465, 202.265, 202.287 or 465.070 to

8-2 465.085, inclusive,

8-3 is subject to forfeiture.

8-4 2. Except as otherwise provided for conveyances forfeitable pursuant

8-5 to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles

8-6 or vessels, which are used or intended for use during the commission of a

8-7 felony or a violation of NRS 202.287 [, 202.300] or section 1 of this act,

8-8 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

8-9 (a) A conveyance used by any person as a common carrier in the

8-10 transaction of business as a common carrier is not subject to forfeiture

8-11 under this section unless it appears that the owner or other person in charge

8-12 of the conveyance is a consenting party or privy to the felony or violation;

8-13 (b) A conveyance is not subject to forfeiture under this section by

8-14 reason of any act or omission established by the owner thereof to have

8-15 been committed or omitted without his knowledge, consent or willful

8-16 blindness;

8-17 (c) A conveyance is not subject to forfeiture for a violation of [NRS

8-18 202.300] section 1 of this act if the firearm used in the violation of that

8-19 section was not loaded at the time of the violation; and

8-20 (d) A forfeiture of a conveyance encumbered by a bona fide security

8-21 interest is subject to the interest of the secured party if he neither had

8-22 knowledge of nor consented to the felony. If a conveyance is forfeited the

8-23 appropriate law enforcement agency may pay the existing balance and

8-24 retain the conveyance for official use.

8-25 3. For the purposes of this section, a firearm is loaded if:

8-26 (a) There is a cartridge in the chamber of the firearm;

8-27 (b) There is a cartridge in the cylinder of the firearm, if the firearm is a

8-28 revolver; or

8-29 (c) There is a cartridge in the magazine and the magazine is in the

8-30 firearm or there is a cartridge in the chamber, if the firearm is a

8-31 semiautomatic firearm.

8-32 Sec. 8. NRS 502.010 is hereby amended to read as follows:

8-33 502.010 1. A person who hunts or traps any of the wild birds or

8-34 mammals or who fishes without having first procured a license or permit to

8-35 do so, as provided in this Title, is guilty of a misdemeanor, except that:

8-36 (a) A license to hunt or fish is not required of a resident of this state

8-37 who is under 12 years of age, unless required for the issuance of tags as

8-38 prescribed in this Title or by the regulations of the commission.

8-39 (b) A license to fish is not required of a nonresident of this state who is

8-40 under 12 years of age, but the number of fish taken by such a nonresident

8-41 must not exceed 50 percent of the daily creel and possession limits as

8-42 provided by law.

9-1 (c) Except as otherwise provided in subsection [5 or 6] 1 or 2 of NRS

9-2 202.300, it is unlawful for any child who is under 18 years of age to hunt

9-3 any of the wild birds or mammals with any firearm, unless the child is

9-4 accompanied at all times by his parent or guardian or is accompanied at all

9-5 times by an adult person authorized by his parent or guardian to have

9-6 control or custody of the child for the purpose of hunting if the authorized

9-7 person is also licensed to hunt.

9-8 (d) A child under 12 years of age, whether accompanied by a qualified

9-9 person or not, shall not hunt big game in the State of Nevada. This section

9-10 does not prohibit any child from accompanying an adult licensed to hunt.

9-11 (e) The commission may adopt regulations setting forth the species of

9-12 wild birds or mammals which may be hunted or trapped without a license

9-13 or permit.

9-14 (f) The commission may declare one day per year as a day upon which

9-15 persons may fish without a license to do so.

9-16 2. This section does not apply to the protection of persons or property

9-17 from unprotected wild birds or mammals on or in the immediate vicinity of

9-18 home or ranch premises.

9-19 Sec. 9. The amendatory provisions of this act do not apply to an

9-20 offense that is committed before October 1, 1999.

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