Senate Bill No. 199–Senator McGinness

 

CHAPTER..........

 

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:

 

    Section 1. Chapter 202 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 and 3 of this act.

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

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

firearm or ammunition to another person if he has actual

knowledge that the other person:

    (a) Is under indictment for, or has been convicted of, a felony

in this or any other state, or in any political subdivision thereof, or

of a felony in violation of the laws of the United States of America,

unless he has received a pardon and the pardon does not restrict

his right to bear arms;

    (b) Is a fugitive from justice;

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

to any mental health facility; or

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

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

guilty of a category B felony and shall be punished by

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

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

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

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

disposes of any firearm or ammunition to:

    (a) A licensed importer, licensed manufacturer, licensed dealer

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

precluded from dealing in firearms or ammunition; or

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

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

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

county may issue a permit authorizing a person whose place of

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

or expose for sale switchblade knives if the person demonstrates

good cause for such authorization.

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

of county commissioners to hold a public hearing concerning the

issuance of the permit.

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

sell switchblade knives, the permit must provide that switchblade

knives may be sold only to:

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

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

knife in this state, including, without limitation, any sheriff,

constable, marshal, peace officer and member of the Armed

Forces of the United States when on duty; and

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

section.

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

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

and section 1 of this act:

    1.  “Explosive or incendiary device” means any explosive or

incendiary material or substance that has been constructed, altered,

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

cause destruction or injury to life or property.

    2.  “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.

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

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

inches in length.

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

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

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

not intentionally change, alter, remove or obliterate the serial

number upon any firearm. [Possession of any firearm upon which

the serial number has been changed, altered, removed or obliterated

is prima facie evidence that the possessor has changed, altered,

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

the provisions of this subsection is guilty of a category C felony

and shall be punished as provided in NRS 193.130.

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

the serial number has been intentionally changed, altered,

removed or obliterated. Any person who violates the provisions of

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

felony and shall be punished as provided in NRS 193.130.

 

 

 

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

    202.350  1.  Except as otherwise provided in this section and

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

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

    (a) 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, slungshot, billy, sand-club, sandbag or

metal knuckles; [or]

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

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

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

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

possess or use a nunchaku or trefoil; or

    (d) 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.  [Except as otherwise provided in this section, 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] :

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

paragraph (d) of subsection 1 is guilty:

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

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

and shall be punished as provided in NRS 193.130.

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

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

shall be punished as provided in NRS 193.130.

    3. Except as otherwise provided in this subsection, 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. This subsection does not authorize the sheriff to issue a

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

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

section does not apply to:

    (a) Sheriffs, constables, marshals, peace officers, correctional

officers employed by the Department of Corrections, special police

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

retired, or other appointed officers.

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

making arrests or preserving the peace while the person so

summoned is actually engaged in assisting such an officer.

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

States or another state or political subdivision thereof when carrying

out official duties in the State of Nevada.

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

duty.

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

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

former employer has approved his fitness to carry a concealed

weapon.

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

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

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

The burden of establishing federal licensure, authorization or

permission is upon the person possessing the license, authorization

or permission.

    [8.] 7. As used in this section:

    (a) “Concealed weapon” means a weapon described in this

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

discernible by ordinary observation.

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

completion of 10 years of creditable service as a member of the

Public Employees’ Retirement System. A former peace officer is

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

before the final disposition of allegations of serious misconduct.

    (c) “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.

    (d) “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.

    (e) “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.

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

knife or any other knife having the appearance of a pocketknife, 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. The

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

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

release.

    (g) “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. 7.  NRS 202.360 is hereby amended to read as follows:

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

possession or under his custody or control any firearm if he:

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

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

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

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

not own or have in his possession or under his custody or control

any firearm.

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

is loaded or unloaded and operable or inoperable.

    3.] ;

    (b) Is a fugitive from justice; or

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

substance.

A person who violates the provisions of this subsection is guilty of

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

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

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

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

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

his custody or control any firearm if he:

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

to any mental health facility; or

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

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

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

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

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

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

in NRS 193.130.

    3.  As used in this section:

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

U.S.C. § 802(6).

 

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

and operable or inoperable.

 

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