SUMMARY--Prohibits certain persons from bringing dangerous weapons into public buildings. (BDR 15-637)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to dangerous weapons; prohibiting certain persons from bringing a dangerous weapon into a public building; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in NRS 202.3673 and subsection 2, a person who possesses a dangerous weapon in a public building is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $1,000, or by both fine and imprisonment.
2. Any of the following persons may possess a dangerous weapon in a public building:
(a) A person upon whom some or all of the powers of a peace officer have been conferred pursuant to NRS 289.150 to 289.360, inclusive, when carrying out official duties;
(b) A peace officer of another state or of the Federal Government when carrying out official duties;
(c) A person who is making an arrest or is preserving the peace at the direction of a peace officer;
(d) A member of the armed forces of this state or of the United States when carrying out official duties;
(e) A private patrolman as defined in NRS 648.013 when carrying out official duties; or
(f) A person who has received prior written approval from the person designated pursuant to subsection 3.
3. In each public building there must be a person designated to approve a request to bring a dangerous weapon into the building. A person so designated may impose reasonable restrictions concerning the time, place and circumstances in which the person making the request may possess the dangerous weapon in the public building.
4. As used in this section:
(a) "Dangerous weapon" means:
(1) An explosive or incendiary device as defined in NRS 202.260;
(2) A dirk, dagger or machete;
(3) A nunchaku, switchblade knife or trefoil as defined in NRS 202.350;
(4) A blackjack, billy club or metal knuckles; or
(5) A pistol, revolver or other firearm.
(b) "Public building" means the portion of office space or of a building that is owned or occupied by this state or a county, city, or other political subdivision of this state which is used for a public purpose. The term does not include any portion of office space or of a building that is owned or occupied by a school district or a component of the University and Community College System of Nevada.
Sec. 2. NRS 202.253 is hereby amended to read as follows:
202.253As used in NRS 202.255 to 202.369, inclusive [:] , and section 1 of this act:
1. "Firearm" means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
2. "Firearm capable of being concealed upon the person" applies to and includes all firearms having a barrel less than 12 inches in length.
3. "Motor vehicle" means every vehicle that is self-propelled.
Sec. 3. NRS 202.350 is hereby amended to read as follows:
202.3501. It is unlawful for a person within this state to:
(a) [Manufacture] Except as otherwise provided in NRS 202.265 and section 1 of this act, manufacture or cause to be manufactured, or import into the state, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sand-club, sandbag or metal knuckles; or
(b) Except as otherwise provided in subsection 4 , [and] NRS 202.265, section 1 of this act and 202.3653 to 202.369, inclusive, carry concealed upon his person any:
(1) Explosive substance, other than ammunition or any components thereof;
(2) Dirk, dagger or machete;
(3) Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
(4) Knife which is made an integral part of a belt buckle.
2. [It] Except as otherwise provided in NRS 202.265 and section 1 of this act, it is unlawful for a person to possess or use a:
(a) Nunchaku or trefoil with the intent to inflict harm upon the person of another; or
(b) Machine gun or a silencer.
3. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of subsection 1 or 2 is guilty:
(a) For the first offense, of a gross misdemeanor.
(b) For any subsequent offense, of a category D felony, and shall be punished as provided in NRS 193.130.
4. Except as otherwise provided in this subsection and NRS 202.3653 to 202.369, inclusive, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife.
5. As used in this section:
(a) "Machine gun" means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
(b) "Nunchaku" means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
(c) "Silencer" means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
(d) "Switchblade knife" means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocket knife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism.
(e) "Trefoil" means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
Sec. 4. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 5. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.