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 intentionally 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;

2-1  (c) Is an unlawful user of, or addicted to, any controlled

2-2  substance;

2-3  (d) Has been adjudicated as mentally ill or has been committed

2-4  to any mental health facility; or

2-5  (e) Is illegally or unlawfully in the United States.

2-6  2.  A person who violates the provisions of subsection 1 is

2-7  guilty of a category B felony and shall be punished by

2-8  imprisonment in the state prison for a minimum term of not less

2-9  than 1 year and a maximum term of not more than 10 years, and

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

2-11      3.  This section does not apply to a person who sells or

2-12  disposes of any firearm or ammunition to:

2-13      (a) A licensed importer, licensed manufacturer, licensed dealer

2-14  or licensed collector who, pursuant to 18 U.S.C. § 925(b), is not

2-15  precluded from dealing in firearms or ammunition; or

2-16      (b) A person who has been granted relief from the disabilities

2-17  imposed by federal laws pursuant to 18 U.S.C. § 925(c).

2-18      4.  As used in this section, “controlled substance” has the

2-19  meaning ascribed to it in 21 U.S.C. § 802(6).

2-20      Sec. 2.  NRS 202.253 is hereby amended to read as follows:

2-21      202.253  As used in NRS 202.253 to 202.369, inclusive[:] ,

2-22  and section 1 of this act:

2-23      1.  “Explosive or incendiary device” means any explosive or

2-24  incendiary material or substance that has been constructed, altered,

2-25  packaged or arranged in such a manner that its ordinary use would

2-26  cause destruction or injury to life or property.

2-27      2.  “Firearm” means any device designed to be used as a

2-28  weapon from which a projectile may be expelled through the barrel

2-29  by the force of any explosion or other form of combustion.

2-30      3.  “Firearm capable of being concealed upon the person”

2-31  applies to and includes all firearms having a barrel less than 12

2-32  inches in length.

2-33      4.  “Motor vehicle” means every vehicle that is self-propelled.

2-34      Sec. 3.  NRS 202.277 is hereby amended to read as follows:

2-35      202.277  1.  [It is unlawful for any person to] A person shall

2-36  not intentionally change, alter, remove or obliterate the serial

2-37  number upon any firearm. [Possession of any firearm upon which

2-38  the serial number has been changed, altered, removed or obliterated

2-39  is prima facie evidence that the possessor has changed, altered,

2-40  removed or obliterated the serial number.] Any person who violates

2-41  the provisions of this subsection is guilty of a category C felony

2-42  and shall be punished as provided in NRS 193.130.

2-43      2.  A person shall not knowingly possess a firearm on which

2-44  the serial number has been intentionally changed, altered,

2-45  removed or obliterated. Any person who violates the provisions of

3-1  this subsection [1] is guilty of a [gross misdemeanor.] category D

3-2  felony and shall be punished as provided in NRS 193.130.

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

3-4  202.350  1.  Except as otherwise provided in this section and

3-5  NRS 202.3653 to 202.369, inclusive, [it is unlawful for] a person

3-6  within this state [to:] shall not:

3-7  (a) Manufacture or cause to be manufactured, or import into the

3-8  State, or keep, offer or expose for sale, or give, lend or possess any

3-9  knife which is made an integral part of a belt buckle or any

3-10  instrument or weapon of the kind commonly known as a

3-11  switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or

3-12  metal knuckles; [or]

3-13      (b) Manufacture or cause to be manufactured, or import into

3-14  the State, or keep, offer or expose for sale, or give, lend, possess or

3-15  use a machine gun or a silencer;

3-16      (c) With the intent to inflict harm upon the person of another,

3-17  possess or use a nunchaku or trefoil; or

3-18      (d) Carry concealed upon his person any:

3-19          (1) Explosive substance, other than ammunition or any

3-20  components thereof;

3-21          (2) Dirk, dagger or machete;

3-22          (3) Pistol, revolver or other firearm, or other dangerous or

3-23  deadly weapon; or

3-24          (4) Knife which is made an integral part of a belt buckle.

3-25      2.  [Except as otherwise provided in this section, it is unlawful

3-26  for a person to possess or use a:

3-27      (a) Nunchaku or trefoil with the intent to inflict harm upon the

3-28  person of another; or

3-29      (b) Machine gun or a silencer.

3-30      3.] Except as otherwise provided in NRS 202.275 and 212.185,

3-31  a person who violates any of the provisions of [subsection 1 or 2] :

3-32      (a) Paragraph (a) or (c) or subparagraph (2) or (4) of

3-33  paragraph (d) of subsection 1 is guilty:

3-34      [(a)] (1) For the first offense, of a gross misdemeanor.

3-35      [(b)] (2) For any subsequent offense, of a category D felony[,]

3-36  and shall be punished as provided in NRS 193.130.

3-37      [4.] (b) Paragraph (b) or subparagraph (1) or (3) of

3-38  paragraph (d) of subsection 1 is guilty of a category C felony and

3-39  shall be punished as provided in NRS 193.130.

3-40      3. Except as otherwise provided in this subsection, the sheriff

3-41  of any county may, upon written application by a resident of that

3-42  county showing the reason or the purpose for which a concealed

3-43  weapon is to be carried, issue a permit authorizing the applicant to

3-44  carry in this state the concealed weapon described in the permit. The

3-45  sheriff shall not issue a permit to a person to carry a switchblade

4-1  knife. This subsection does not authorize the sheriff to issue a

4-2  permit to a person to carry a pistol, revolver or other firearm.

4-3  [5.] 4. Except as otherwise provided in subsection [6,] 5, this

4-4  section does not apply to:

4-5  (a) Sheriffs, constables, marshals, peace officers, correctional

4-6  officers employed by the Department of Corrections, special police

4-7  officers, police officers of this state, whether active or honorably

4-8  retired, or other appointed officers.

4-9  (b) Any person summoned by any peace officer to assist in

4-10  making arrests or preserving the peace while the person so

4-11  summoned is actually engaged in assisting such an officer.

4-12      (c) Any full-time paid peace officer of an agency of the United

4-13  States or another state or political subdivision thereof when carrying

4-14  out official duties in the State of Nevada.

4-15      (d) Members of the Armed Forces of the United States when on

4-16  duty.

4-17      [6.] 5. The exemptions provided in subsection [5] 4 do not

4-18  include a former peace officer who is retired for disability unless his

4-19  former employer has approved his fitness to carry a concealed

4-20  weapon.

4-21      [7.] 6. The provisions of paragraph (b) of subsection [2] 1 do

4-22  not apply to any person who is licensed, authorized or permitted to

4-23  possess or use a machine gun or silencer pursuant to federal law.

4-24  The burden of establishing federal licensure, authorization or

4-25  permission is upon the person possessing the license, authorization

4-26  or permission.

4-27      [8.] 7. As used in this section:

4-28      (a) “Concealed weapon” means a weapon described in this

4-29  section that is carried upon a person in such a manner as not to be

4-30  discernible by ordinary observation.

4-31      (b) “Honorably retired” means retired in Nevada after

4-32  completion of 10 years of creditable service as a member of the

4-33  Public Employees’ Retirement System. A former peace officer is

4-34  not “honorably retired” if he was discharged for cause or resigned

4-35  before the final disposition of allegations of serious misconduct.

4-36      (c) “Machine gun” means any weapon which shoots, is designed

4-37  to shoot or can be readily restored to shoot more than one shot,

4-38  without manual reloading, by a single function of the trigger.

4-39      (d) “Nunchaku” means an instrument consisting of two or more

4-40  sticks, clubs, bars or rods connected by a rope, cord, wire or chain

4-41  used as a weapon in forms of Oriental combat.

4-42      (e) “Silencer” means any device for silencing, muffling or

4-43  diminishing the report of a firearm, including any combination of

4-44  parts, designed or redesigned, and intended for use in assembling or

5-1  fabricating a silencer or muffler, and any part intended only for use

5-2  in such assembly or fabrication.

5-3  (f) “Switchblade knife” means a spring-blade knife, snap-blade

5-4  knife or any other knife having the appearance of a pocketknife, any

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

5-6  automatically by a flick of a button, pressure on the handle or other

5-7  mechanical device, or is released by any type of mechanism.

5-8  (g) “Trefoil” means an instrument consisting of a metal plate

5-9  having three or more radiating points with sharp edges, designed in

5-10  the shape of a star, cross or other geometric figure and used as a

5-11  weapon for throwing.

5-12      Sec. 5.  NRS 202.360 is hereby amended to read as follows:

5-13      202.360  1.  A person [who has] shall not own or have in his

5-14  possession or under his custody or control any firearm if he:

5-15      (a) Has been convicted of a felony in this or any other state, or

5-16  in any political subdivision thereof, or of a felony in violation of the

5-17  laws of the United States of America, unless he has received a

5-18  pardon and the pardon does not restrict his right to bear arms[, shall

5-19  not own or have in his possession or under his custody or control

5-20  any firearm.

5-21      2.  As used in this section, “firearm” includes any firearm that

5-22  is loaded or unloaded and operable or inoperable.

5-23      3.] ;

5-24      (b) Is a fugitive from justice; or

5-25      (c) Is an unlawful user of, or addicted to, any controlled

5-26  substance.

5-27  A person who violates the provisions of this subsection is guilty of

5-28  a category B felony and shall be punished by imprisonment in the

5-29  state prison for a minimum term of not less than 1 year and a

5-30  maximum term of not more than 6 years, and may be further

5-31  punished by a fine of not more than $5,000.

5-32      2. A person shall not own or have in his possession or under

5-33  his custody or control any firearm if he:

5-34      (a) Has been adjudicated as mentally ill or has been committed

5-35  to any mental health facility; or

5-36      (b) Is illegally or unlawfully in the United States.

5-37  A person who violates the provisions of this [section] subsection is

5-38  guilty of a category [B] D felony and shall be punished [by

5-39  imprisonment in the state prison for a minimum term of not less

5-40  than 1 year and a maximum term of not more than 6 years, and may

5-41  be further punished by a fine of not more than $5,000.] as provided

5-42  in NRS 193.130.

5-43      3.  As used in this section:

5-44      (a) “Controlled substance” has the meaning ascribed to it in 21

5-45  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