Senate Bill No. 199–Senator McGinness

 

February 25, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions pertaining to firearms. (BDR 15‑331)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to firearms; prohibiting the sale or disposition of firearms or ammunition to certain persons; prohibiting possession of a firearm on which the serial number has been changed, altered, removed or obliterated; revising the provisions pertaining to possession of a firearm by certain persons; making various other changes to the provisions pertaining to firearms; 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

1-2  thereto a new section to read as follows:

1-3  1.  Except as otherwise provided in subsection 3, a person

1-4  within this state shall not sell or otherwise dispose of any firearm

1-5  or ammunition to another person if he has actual knowledge that

1-6  the other person:

1-7  (a) Is under indictment for, or has been convicted of, a felony

1-8  in this or any other state, or in any political subdivision thereof, or

1-9  of a felony in violation of the laws of the United States of America,

1-10  unless he has received a pardon and the pardon does not restrict

1-11  his right to bear arms;

1-12      (b) Is a fugitive from justice;

1-13      (c) Is an unlawful user of, or addicted to, any controlled

1-14  substance;

2-1  (d) Has been adjudicated as mentally ill or has been committed

2-2  to any mental health facility; or

2-3  (e) Is illegally or unlawfully in the United States.

2-4  2.  A person who violates the provisions of subsection 1 is

2-5  guilty of a category B felony and shall be punished by

2-6  imprisonment in the state prison for a minimum term of not less

2-7  than 1 year and a maximum term of not more than 10 years, and

2-8  may be further punished by a fine of not more than $10,000.

2-9  3.  This section does not apply to a person who sells or

2-10  disposes of any firearm or ammunition to:

2-11      (a) A licensed importer, licensed manufacturer, licensed dealer

2-12  or licensed collector who, pursuant to 18 U.S.C. § 925(b), is not

2-13  precluded from dealing in firearms or ammunition; or

2-14      (b) A person who has been granted relief from the disabilities

2-15  imposed by federal laws pursuant to 18 U.S.C. § 925(c).

2-16      4.  As used in this section, “controlled substance” has the

2-17  meaning ascribed to it in 21 U.S.C. § 802(6).

2-18      Sec. 2.  NRS 202.253 is hereby amended to read as follows:

2-19      202.253  As used in NRS 202.253 to 202.369, inclusive[:] ,

2-20  and section 1 of this act:

2-21      1.  “Explosive or incendiary device” means any explosive or

2-22  incendiary material or substance that has been constructed, altered,

2-23  packaged or arranged in such a manner that its ordinary use would

2-24  cause destruction or injury to life or property.

2-25      2.  “Firearm” means any device designed to be used as a

2-26  weapon from which a projectile may be expelled through the barrel

2-27  by the force of any explosion or other form of combustion.

2-28      3.  “Firearm capable of being concealed upon the person”

2-29  applies to and includes all firearms having a barrel less than 12

2-30  inches in length.

2-31      4.  “Motor vehicle” means every vehicle that is self-propelled.

2-32      Sec. 3.  NRS 202.277 is hereby amended to read as follows:

2-33      202.277  1.  [It is unlawful for any person to] A person shall

2-34  not change, alter, remove or obliterate the serial number upon any

2-35  firearm. [Possession of any firearm upon which the serial number

2-36  has been changed, altered, removed or obliterated is prima facie

2-37  evidence that the possessor has changed, altered, removed or

2-38  obliterated the serial number.] Any person who violates the

2-39  provisions of this subsection is guilty of a category C felony and

2-40  shall be punished as provided in NRS 193.130.

2-41      2.  A person shall not knowingly possess a firearm on which

2-42  the serial number has been changed, altered, removed or

2-43  obliterated. Any person who violates the provisions of this

2-44  subsection [1] is guilty of a [gross misdemeanor.] category D felony

2-45  and shall be punished as provided in NRS 193.130.

3-1  Sec. 4.  NRS 202.350 is hereby amended to read as follows:

3-2  202.350  1.  Except as otherwise provided in this section and

3-3  NRS 202.3653 to 202.369, inclusive, [it is unlawful for] a person

3-4  within this state [to:] shall not:

3-5  (a) Manufacture or cause to be manufactured, or import into the

3-6  State, or keep, offer or expose for sale, or give, lend or possess any

3-7  knife which is made an integral part of a belt buckle or any

3-8  instrument or weapon of the kind commonly known as a

3-9  switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or

3-10  metal knuckles; [or]

3-11      (b) Manufacture or cause to be manufactured, or import into

3-12  the State, or keep, offer or expose for sale, or give, lend, possess or

3-13  use a machine gun or a silencer;

3-14      (c) With the intent to inflict harm upon the person of another,

3-15  possess or use a nunchaku or trefoil; or

3-16      (d) Carry concealed upon his person any:

3-17          (1) Explosive substance, other than ammunition or any

3-18  components thereof;

3-19          (2) Dirk, dagger or machete;

3-20          (3) Pistol, revolver or other firearm, or other dangerous or

3-21  deadly weapon; or

3-22          (4) Knife which is made an integral part of a belt buckle.

3-23      2.  [Except as otherwise provided in this section, it is unlawful

3-24  for a person to possess or use a:

3-25      (a) Nunchaku or trefoil with the intent to inflict harm upon the

3-26  person of another; or

3-27      (b) Machine gun or a silencer.

3-28      3.] Except as otherwise provided in NRS 202.275 and 212.185,

3-29  a person who violates any of the provisions of [subsection 1 or 2] :

3-30      (a) Paragraph (a) or (c) or subparagraph (2) or (4) of

3-31  paragraph (d) of subsection 1 is guilty:

3-32      [(a)] (1) For the first offense, of a gross misdemeanor.

3-33      [(b)] (2) For any subsequent offense, of a category D felony[,]

3-34  and shall be punished as provided in NRS 193.130.

3-35      [4.] (b) Paragraph (b) or subparagraph (1) or (3) of

3-36  paragraph (d) of subsection 1 is guilty of a category C felony and

3-37  shall be punished as provided in NRS 193.130.

3-38      3. Except as otherwise provided in this subsection, the sheriff

3-39  of any county may, upon written application by a resident of that

3-40  county showing the reason or the purpose for which a concealed

3-41  weapon is to be carried, issue a permit authorizing the applicant to

3-42  carry in this state the concealed weapon described in the permit. The

3-43  sheriff shall not issue a permit to a person to carry a switchblade

3-44  knife. This subsection does not authorize the sheriff to issue a

3-45  permit to a person to carry a pistol, revolver or other firearm.

4-1  [5.] 4. Except as otherwise provided in subsection [6,] 5, this

4-2  section does not apply to:

4-3  (a) Sheriffs, constables, marshals, peace officers, correctional

4-4  officers employed by the Department of Corrections, special police

4-5  officers, police officers of this state, whether active or honorably

4-6  retired, or other appointed officers.

4-7  (b) Any person summoned by any peace officer to assist in

4-8  making arrests or preserving the peace while the person so

4-9  summoned is actually engaged in assisting such an officer.

4-10      (c) Any full-time paid peace officer of an agency of the United

4-11  States or another state or political subdivision thereof when carrying

4-12  out official duties in the State of Nevada.

4-13      (d) Members of the Armed Forces of the United States when on

4-14  duty.

4-15      [6.] 5. The exemptions provided in subsection [5] 4 do not

4-16  include a former peace officer who is retired for disability unless his

4-17  former employer has approved his fitness to carry a concealed

4-18  weapon.

4-19      [7.] 6. The provisions of paragraph (b) of subsection [2] 1 do

4-20  not apply to any person who is licensed, authorized or permitted to

4-21  possess or use a machine gun or silencer pursuant to federal law.

4-22  The burden of establishing federal licensure, authorization or

4-23  permission is upon the person possessing the license, authorization

4-24  or permission.

4-25      [8.] 7. As used in this section:

4-26      (a) “Concealed weapon” means a weapon described in this

4-27  section that is carried upon a person in such a manner as not to be

4-28  discernible by ordinary observation.

4-29      (b) “Honorably retired” means retired in Nevada after

4-30  completion of 10 years of creditable service as a member of the

4-31  Public Employees’ Retirement System. A former peace officer is

4-32  not “honorably retired” if he was discharged for cause or resigned

4-33  before the final disposition of allegations of serious misconduct.

4-34      (c) “Machine gun” means any weapon which shoots, is designed

4-35  to shoot or can be readily restored to shoot more than one shot,

4-36  without manual reloading, by a single function of the trigger.

4-37      (d) “Nunchaku” means an instrument consisting of two or more

4-38  sticks, clubs, bars or rods connected by a rope, cord, wire or chain

4-39  used as a weapon in forms of Oriental combat.

4-40      (e) “Silencer” means any device for silencing, muffling or

4-41  diminishing the report of a firearm, including any combination of

4-42  parts, designed or redesigned, and intended for use in assembling or

4-43  fabricating a silencer or muffler, and any part intended only for use

4-44  in such assembly or fabrication.

5-1  (f) “Switchblade knife” means a spring-blade knife, snap-blade

5-2  knife or any other knife having the appearance of a pocketknife, any

5-3  blade of which is 2 or more inches long and which can be released

5-4  automatically by a flick of a button, pressure on the handle or other

5-5  mechanical device, or is released by any type of mechanism.

5-6  (g) “Trefoil” means an instrument consisting of a metal plate

5-7  having three or more radiating points with sharp edges, designed in

5-8  the shape of a star, cross or other geometric figure and used as a

5-9  weapon for throwing.

5-10      Sec. 5.  NRS 202.360 is hereby amended to read as follows:

5-11      202.360  1.  A person [who has] shall not own or have in his

5-12  possession or under his custody or control any firearm if he:

5-13      (a) Has been convicted of a felony in this or any other state, or

5-14  in any political subdivision thereof, or of a felony in violation of the

5-15  laws of the United States of America, unless he has received a

5-16  pardon and the pardon does not restrict his right to bear arms[, shall

5-17  not own or have in his possession or under his custody or control

5-18  any firearm.

5-19      2.  As used in this section, “firearm” includes any firearm that

5-20  is loaded or unloaded and operable or inoperable.

5-21      3.] ;

5-22      (b) Is a fugitive from justice; or

5-23      (c) Is an unlawful user of, or addicted to, any controlled

5-24  substance.

5-25  A person who violates the provisions of this subsection is guilty of

5-26  a category B felony and shall be punished by imprisonment in the

5-27  state prison for a minimum term of not less than 1 year and a

5-28  maximum term of not more than 6 years, and may be further

5-29  punished by a fine of not more than $5,000.

5-30      2. A person shall not own or have in his possession or under

5-31  his custody or control any firearm if he:

5-32      (a) Has been adjudicated as mentally ill or has been committed

5-33  to any mental health facility; or

5-34      (b) Is illegally or unlawfully in the United States.

5-35  A person who violates the provisions of this [section] subsection is

5-36  guilty of a category [B] D felony and shall be punished [by

5-37  imprisonment in the state prison for a minimum term of not less

5-38  than 1 year and a maximum term of not more than 6 years, and may

5-39  be further punished by a fine of not more than $5,000.] as provided

5-40  in NRS 193.130.

5-41      3.  As used in this section:

5-42      (a) “Controlled substance” has the meaning ascribed to it in 21

5-43  U.S.C. § 802(6).

 

 

6-1  (b) “Firearm” includes any firearm that is loaded or unloaded

6-2  and operable or inoperable.

 

6-3  H