Assembly Bill No. 64–Committee on Judiciary

 

(On Behalf of the Nevada Sheriffs
and Chiefs Association)

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Prohibits persons convicted of certain felonies from purchasing or possessing body armor. (BDR 15‑320)

 

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 body armor; prohibiting persons convicted of certain felonies from purchasing or possessing body armor; 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:

 

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.  A person who has been convicted of a felony involving the

1-4  use of a deadly weapon in this or any other state, or in any

1-5  political subdivision thereof, or of a felony involving the use of a

1-6  deadly weapon in violation of the laws of the United States of

1-7  America shall not purchase, own or have in his possession or

1-8  under his custody or control any body armor unless he has

1-9  received a pardon and the pardon does not restrict his right to bear

1-10  arms.

1-11      2.  A person who violates the provisions of this section is

1-12  guilty of a category B felony and shall be punished by

1-13  imprisonment in the state prison for a minimum term of not less

2-1  than 1 year and a maximum term of not more than 6 years, and

2-2  may be further punished by a fine of not more than $5,000.

2-3  3.  As used in this section:

2-4  (a) “Body armor” means clothing or a device designed or

2-5  intended to protect the body or a portion of the body of a person

2-6  from injury caused by a firearm, regardless of whether the

2-7  clothing or device is to be worn alone or as a complement to other

2-8  clothing or another device.

2-9  (b) “Deadly weapon” means:

2-10          (1) Any instrument which, if used in the ordinary manner

2-11  contemplated by its design and construction, will or is likely to

2-12  cause substantial bodily harm or death;

2-13          (2) Any weapon, device, instrument, material or substance

2-14  which, under the circumstances in which it is used, attempted to

2-15  be used or threatened to be used, is readily capable of causing

2-16  substantial bodily harm or death; or

2-17          (3) A dangerous or deadly weapon specifically described in

2-18  NRS 202.255, 202.265, 202.290, 202.320 or 202.350.

2-19      Sec. 2.  This act becomes effective upon passage and approval.

 

2-20  H