Senate Bill No. 199–Senator McGinness

 

February 25, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning the sale, disposition, manufacture and possession of weapons. (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 weapons; prohibiting the sale or disposition of firearms or ammunition to certain persons; authorizing certain persons to manufacture and sell switchblade knives under certain circumstances; 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 the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  1.  Except as otherwise provided in subsection 3, a

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

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

1-6  knowledge that 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,

2-1  unless he has received a pardon and the pardon does not restrict

2-2  his right to bear arms;

2-3  (b) Is a fugitive from justice;

2-4  (c) Has been adjudicated as mentally ill or has been committed

2-5  to any mental health facility; or

2-6  (d) Is illegally or unlawfully in the United States.

2-7  2.  A person who violates the provisions of subsection 1 is

2-8  guilty of a category B felony and shall be punished by

2-9  imprisonment in the state prison for a minimum term of not less

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

2-11  may be further punished by a fine of not more than $10,000.

2-12      3.  This section does not apply to a person who sells or

2-13  disposes of any firearm or ammunition to:

2-14      (a) A licensed importer, licensed manufacturer, licensed dealer

2-15  or licensed collector who, pursuant to 18 U.S.C. § 925(b), is not

2-16  precluded from dealing in firearms or ammunition; or

2-17      (b) A person who has been granted relief from the disabilities

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

2-19      Sec. 3.  1.  Upon written application, the sheriff of any

2-20  county may issue a permit authorizing a person whose place of

2-21  business is located in that county to manufacture or to keep, offer

2-22  or expose for sale switchblade knives if the person demonstrates

2-23  good cause for such authorization.

2-24      2.  Before issuing a permit, the sheriff shall request the board

2-25  of county commissioners to hold a public hearing concerning the

2-26  issuance of the permit.

2-27      3.  If the sheriff issues a permit which authorizes a person to

2-28  sell switchblade knives, the permit must provide that switchblade

2-29  knives may be sold only to:

2-30      (a) A person in another state, territory or country;

2-31      (b) A person who is authorized by law to possess a switchblade

2-32  knife in this state, including, without limitation, any sheriff,

2-33  constable, marshal, peace officer and member of the Armed

2-34  Forces of the United States when on duty; and

2-35      (c) A distributor who has been issued a permit pursuant to this

2-36  section.

2-37      Sec. 4.  NRS 202.253 is hereby amended to read as follows:

2-38      202.253  As used in NRS 202.253 to 202.369, inclusive[:] ,

2-39  and section 1 of this act:

2-40      1.  “Explosive or incendiary device” means any explosive or

2-41  incendiary material or substance that has been constructed, altered,

2-42  packaged or arranged in such a manner that its ordinary use would

2-43  cause destruction or injury to life or property.

3-1  2.  “Firearm” means any device designed to be used as a

3-2  weapon from which a projectile may be expelled through the barrel

3-3  by the force of any explosion or other form of combustion.

3-4  3.  “Firearm capable of being concealed upon the person”

3-5  applies to and includes all firearms having a barrel less than 12

3-6  inches in length.

3-7  4.  “Motor vehicle” means every vehicle that is self-propelled.

3-8  Sec. 5.  NRS 202.277 is hereby amended to read as follows:

3-9  202.277  1.  [It is unlawful for any person to] A person shall

3-10  not intentionally change, alter, remove or obliterate the serial

3-11  number upon any firearm. [Possession of any firearm upon which

3-12  the serial number has been changed, altered, removed or obliterated

3-13  is prima facie evidence that the possessor has changed, altered,

3-14  removed or obliterated the serial number.] Any person who violates

3-15  the provisions of this subsection is guilty of a category C felony

3-16  and shall be punished as provided in NRS 193.130.

3-17      2.  A person shall not knowingly possess a firearm on which

3-18  the serial number has been intentionally changed, altered,

3-19  removed or obliterated. Any person who violates the provisions of

3-20  this subsection [1] is guilty of a [gross misdemeanor.] category D

3-21  felony and shall be punished as provided in NRS 193.130.

3-22      Sec. 6.  NRS 202.350 is hereby amended to read as follows:

3-23      202.350  1.  Except as otherwise provided in this section and

3-24  NRS 202.3653 to 202.369, inclusive, [it is unlawful for] and section

3-25  3 of this act, a person within this state [to:] shall not:

3-26      (a) Manufacture or cause to be manufactured, or import into the

3-27  State, or keep, offer or expose for sale, or give, lend or possess any

3-28  knife which is made an integral part of a belt buckle or any

3-29  instrument or weapon of the kind commonly known as a

3-30  switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or

3-31  metal knuckles; [or]

3-32      (b) Manufacture or cause to be manufactured, or import into

3-33  the State, or keep, offer or expose for sale, or give, lend, possess or

3-34  use a machine gun or a silencer, unless authorized by federal law;

3-35      (c) With the intent to inflict harm upon the person of another,

3-36  possess or use a nunchaku or trefoil; or

3-37      (d) Carry concealed upon his person any:

3-38          (1) Explosive substance, other than ammunition or any

3-39  components thereof;

3-40          (2) Dirk, dagger or machete;

3-41          (3) Pistol, revolver or other firearm, or other dangerous or

3-42  deadly weapon; or

3-43          (4) Knife which is made an integral part of a belt buckle.

3-44      2.  [Except as otherwise provided in this section, it is unlawful

3-45  for a person to possess or use a:

4-1  (a) Nunchaku or trefoil with the intent to inflict harm upon the

4-2  person of another; or

4-3  (b) Machine gun or a silencer.

4-4  3.] Except as otherwise provided in NRS 202.275 and 212.185,

4-5  a person who violates any of the provisions of [subsection 1 or 2] :

4-6  (a) Paragraph (a) or (c) or subparagraph (2) or (4) of

4-7  paragraph (d) of subsection 1 is guilty:

4-8  [(a)] (1) For the first offense, of a gross misdemeanor.

4-9  [(b)] (2) For any subsequent offense, of a category D felony[,]

4-10  and shall be punished as provided in NRS 193.130.

4-11      [4.] (b) Paragraph (b) or subparagraph (1) or (3) of

4-12  paragraph (d) of subsection 1 is guilty of a category C felony and

4-13  shall be punished as provided in NRS 193.130.

4-14      3. Except as otherwise provided in this subsection, the sheriff

4-15  of any county may, upon written application by a resident of that

4-16  county showing the reason or the purpose for which a concealed

4-17  weapon is to be carried, issue a permit authorizing the applicant to

4-18  carry in this state the concealed weapon described in the permit. The

4-19  sheriff shall not issue a permit to a person to carry a switchblade

4-20  knife. This subsection does not authorize the sheriff to issue a

4-21  permit to a person to carry a pistol, revolver or other firearm.

4-22      [5.] 4. Except as otherwise provided in subsection [6,] 5, this

4-23  section does not apply to:

4-24      (a) Sheriffs, constables, marshals, peace officers, correctional

4-25  officers employed by the Department of Corrections, special police

4-26  officers, police officers of this state, whether active or honorably

4-27  retired, or other appointed officers.

4-28      (b) Any person summoned by any peace officer to assist in

4-29  making arrests or preserving the peace while the person so

4-30  summoned is actually engaged in assisting such an officer.

4-31      (c) Any full-time paid peace officer of an agency of the United

4-32  States or another state or political subdivision thereof when carrying

4-33  out official duties in the State of Nevada.

4-34      (d) Members of the Armed Forces of the United States when on

4-35  duty.

4-36      [6.] 5. The exemptions provided in subsection [5] 4 do not

4-37  include a former peace officer who is retired for disability unless his

4-38  former employer has approved his fitness to carry a concealed

4-39  weapon.

4-40      [7.] 6. The provisions of paragraph (b) of subsection [2] 1 do

4-41  not apply to any person who is licensed, authorized or permitted to

4-42  possess or use a machine gun or silencer pursuant to federal law.

4-43  The burden of establishing federal licensure, authorization or

4-44  permission is upon the person possessing the license, authorization

4-45  or permission.

5-1  [8.] 7. As used in this section:

5-2  (a) “Concealed weapon” means a weapon described in this

5-3  section that is carried upon a person in such a manner as not to be

5-4  discernible by ordinary observation.

5-5  (b) “Honorably retired” means retired in Nevada after

5-6  completion of 10 years of creditable service as a member of the

5-7  Public Employees’ Retirement System. A former peace officer is

5-8  not “honorably retired” if he was discharged for cause or resigned

5-9  before the final disposition of allegations of serious misconduct.

5-10      (c) “Machine gun” means any weapon which shoots, is designed

5-11  to shoot or can be readily restored to shoot more than one shot,

5-12  without manual reloading, by a single function of the trigger.

5-13      (d) “Nunchaku” means an instrument consisting of two or more

5-14  sticks, clubs, bars or rods connected by a rope, cord, wire or chain

5-15  used as a weapon in forms of Oriental combat.

5-16      (e) “Silencer” means any device for silencing, muffling or

5-17  diminishing the report of a firearm, including any combination of

5-18  parts, designed or redesigned, and intended for use in assembling or

5-19  fabricating a silencer or muffler, and any part intended only for use

5-20  in such assembly or fabrication.

5-21      (f) “Switchblade knife” means a spring-blade knife, snap-blade

5-22  knife or any other knife having the appearance of a pocketknife, any

5-23  blade of which is 2 or more inches long and which can be released

5-24  automatically by a flick of a button, pressure on the handle or other

5-25  mechanical device, or is released by any type of mechanism. The

5-26  term does not include a knife which has a blade that is held in

5-27  place by a spring if the blade does not have any type of automatic

5-28  release.

5-29      (g) “Trefoil” means an instrument consisting of a metal plate

5-30  having three or more radiating points with sharp edges, designed in

5-31  the shape of a star, cross or other geometric figure and used as a

5-32  weapon for throwing.

5-33      Sec. 7.  NRS 202.360 is hereby amended to read as follows:

5-34      202.360  1.  A person [who has] shall not own or have in his

5-35  possession or under his custody or control any firearm if he:

5-36      (a) Has been convicted of a felony in this or any other state, or

5-37  in any political subdivision thereof, or of a felony in violation of the

5-38  laws of the United States of America, unless he has received a

5-39  pardon and the pardon does not restrict his right to bear arms[, shall

5-40  not own or have in his possession or under his custody or control

5-41  any firearm.

5-42      2.  As used in this section, “firearm” includes any firearm that

5-43  is loaded or unloaded and operable or inoperable.

5-44      3.] ;

5-45      (b) Is a fugitive from justice; or

6-1  (c) Is an unlawful user of, or addicted to, any controlled

6-2  substance.

6-3  A person who violates the provisions of this subsection is guilty of

6-4  a category B felony and shall be punished by imprisonment in the

6-5  state prison for a minimum term of not less than 1 year and a

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

6-7  punished by a fine of not more than $5,000.

6-8  2. A person shall not own or have in his possession or under

6-9  his custody or control any firearm if he:

6-10      (a) Has been adjudicated as mentally ill or has been committed

6-11  to any mental health facility; or

6-12      (b) Is illegally or unlawfully in the United States.

6-13  A person who violates the provisions of this [section] subsection is

6-14  guilty of a category [B] D felony and shall be punished [by

6-15  imprisonment in the state prison for a minimum term of not less

6-16  than 1 year and a maximum term of not more than 6 years, and may

6-17  be further punished by a fine of not more than $5,000.] as provided

6-18  in NRS 193.130.

6-19      3.  As used in this section:

6-20      (a) “Controlled substance” has the meaning ascribed to it in 21

6-21  U.S.C. § 802(6).

6-22      (b) “Firearm” includes any firearm that is loaded or unloaded

6-23  and operable or inoperable.

 

6-24  H