Assembly Bill No. 423–Assemblymen Hettrick, Knecht, Gustavson, Beers, Gibbons, Anderson, Andonov, Angle, Arberry, Atkinson, Brown, Buckley, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Geddes, Giunchigliani, Goicoechea, Goldwater, Grady, Griffin, Hardy, Horne, Koivisto, Mabey, Manendo, Marvel, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer, Weber and Williams

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Authorizes manufacture of switchblade knives in this state under certain circumstances. (BDR 15‑1012)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

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

 

AN ACT relating to weapons; authorizing the manufacture of switchblade knives in this state under certain circumstances; 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. NRS 202.350 is hereby amended to read as follows:

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

1-3  NRS 202.3653 to 202.369, inclusive, it is unlawful for a person

1-4  within this state to:

1-5  (a) Manufacture or cause to be manufactured, or import into the

1-6  State, or keep, offer or expose for sale, or give, lend or possess any

1-7  knife which is made an integral part of a belt buckle or any

1-8  instrument or weapon of the kind commonly known as a

2-1  switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or

2-2  metal knuckles; or

2-3  (b) Carry concealed upon his person any:

2-4       (1) Explosive substance, other than ammunition or any

2-5  components thereof;

2-6       (2) Dirk, dagger or machete;

2-7       (3) Pistol, revolver or other firearm, or other dangerous or

2-8  deadly weapon; or

2-9       (4) Knife which is made an integral part of a belt buckle.

2-10      2.  Except as otherwise provided in this section, it is unlawful

2-11  for a person to possess or use a:

2-12      (a) Nunchaku or trefoil with the intent to inflict harm upon the

2-13  person of another; or

2-14      (b) Machine gun or a silencer.

2-15      3.  Except as otherwise provided in NRS 202.275 and 212.185,

2-16  a person who violates any of the provisions of subsection 1 or 2 is

2-17  guilty:

2-18      (a) For the first offense, of a gross misdemeanor.

2-19      (b) For any subsequent offense, of a category D felony, and

2-20  shall be punished as provided in NRS 193.130.

2-21      4.  Except as otherwise provided in this subsection, the sheriff

2-22  of any county may, upon written application by a resident of that

2-23  county showing the reason or the purpose for which a concealed

2-24  weapon is to be carried, issue a permit authorizing the applicant to

2-25  carry in this state the concealed weapon described in the permit. The

2-26  sheriff shall not issue a permit to a person to carry a switchblade

2-27  knife. This subsection does not authorize the sheriff to issue a

2-28  permit to a person to carry a pistol, revolver or other firearm.

2-29      5.  The sheriff of any county may, upon written application by

2-30  a person whose place of business is located in that county showing

2-31  that good cause exists for authorizing the person to manufacture

2-32  switchblade knives, issue a permit authorizing the person to

2-33  manufacture switchblade knives. The sheriff may hold a public

2-34  hearing on an application for a permit made pursuant to this

2-35  subsection. A permit issued pursuant to this subsection may also

2-36  authorize the person to keep for sale, offer for sale, expose for sale

2-37  or possess a switchblade knife to the extent necessary for the

2-38  manufacture of the switchblade knife and for the sale of the

2-39  switchblade knife to a person located in another state, territory or

2-40  country. A permit issued pursuant to this subsection may not

2-41  authorize a person to sell, offer for sale or expose for sale a

2-42  switchblade knife to a person located in this state.

2-43      6.  Except as otherwise provided in subsection [6,] 7, this

2-44  section does not apply to:

3-1  (a) Sheriffs, constables, marshals, peace officers, correctional

3-2  officers employed by the Department of Corrections, special police

3-3  officers, police officers of this state, whether active or honorably

3-4  retired, or other appointed officers.

3-5  (b) Any person summoned by any peace officer to assist in

3-6  making arrests or preserving the peace while the person so

3-7  summoned is actually engaged in assisting such an officer.

3-8  (c) Any full-time paid peace officer of an agency of the United

3-9  States or another state or political subdivision thereof when carrying

3-10  out official duties in the State of Nevada.

3-11      (d) Members of the Armed Forces of the United States when on

3-12  duty.

3-13      [6.] 7.  The exemptions provided in subsection [5] 6 do not

3-14  include a former peace officer who is retired for disability unless his

3-15  former employer has approved his fitness to carry a concealed

3-16  weapon.

3-17      [7.] 8.  The provisions of paragraph (b) of subsection 2 do not

3-18  apply to any person who is licensed, authorized or permitted to

3-19  possess or use a machine gun or silencer pursuant to federal law.

3-20  The burden of establishing federal licensure, authorization or

3-21  permission is upon the person possessing the license, authorization

3-22  or permission.

3-23      [8.] 9.  As used in this section:

3-24      (a) “Concealed weapon” means a weapon described in this

3-25  section that is carried upon a person in such a manner as not to be

3-26  discernible by ordinary observation.

3-27      (b) “Honorably retired” means retired in Nevada after

3-28  completion of 10 years of creditable service as a member of the

3-29  Public Employees’ Retirement System. A former peace officer is

3-30  not “honorably retired” if he was discharged for cause or resigned

3-31  before the final disposition of allegations of serious misconduct.

3-32      (c) “Machine gun” means any weapon which shoots, is designed

3-33  to shoot or can be readily restored to shoot more than one shot,

3-34  without manual reloading, by a single function of the trigger.

3-35      (d) “Nunchaku” means an instrument consisting of two or more

3-36  sticks, clubs, bars or rods connected by a rope, cord, wire or chain

3-37  used as a weapon in forms of Oriental combat.

3-38      (e) “Silencer” means any device for silencing, muffling or

3-39  diminishing the report of a firearm, including any combination of

3-40  parts, designed or redesigned, and intended for use in assembling or

3-41  fabricating a silencer or muffler, and any part intended only for use

3-42  in such assembly or fabrication.

3-43      (f) “Switchblade knife” means a spring-blade knife, snap-blade

3-44  knife or any other knife having the appearance of a pocket knife,

3-45  any blade of which is 2 or more inches long and which can be

4-1  released automatically by a flick of a button, pressure on the handle

4-2  or other mechanical device, or is released by any type of

4-3  mechanism.

4-4  (g) “Trefoil” means an instrument consisting of a metal plate

4-5  having three or more radiating points with sharp edges, designed in

4-6  the shape of a star, cross or other geometric figure and used as a

4-7  weapon for throwing.

4-8  Sec. 2.  This act becomes effective on July 1, 2003.

 

4-9  H