Senate Bill No. 40–Committee on Judiciary

 

Preflied January 30, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Prohibits discharge of firearm from structure, vehicle, vessel or aircraft under certain circumstances. (BDR 15‑887)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           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 firearms; prohibiting discharge of a firearm from a structure, vehicle, vessel or aircraft under certain circumstances; 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. NRS 202.287 is hereby amended to read as follows:

1-2  202.287  1.  A person, [while in a motor vehicle,] whether

1-3  under the influence of liquor, a controlled substance or otherwise,

1-4  who is in, on or under a structure, vehicle, vessel or aircraft and

1-5  who willfully and maliciously [or wantonly] discharges or causes to

1-6  be discharged [out of the motor vehicle, any pistol, gun or any other

1-7  kind of firearm:] a firearm from the structure, vehicle, vessel or

1-8  aircraft:

1-9  (a) If the [motor] structure, vehicle , vessel or aircraft is not

1-10  within an area designated by city or county ordinance as a populated

1-11  area for the purpose of prohibiting the discharge of weapons, is

1-12  guilty of a misdemeanor.

1-13      (b) If the [motor] structure, vehicle , vessel or aircraft is within

1-14  an area designated by city or county ordinance as a populated area

1-15  for the purpose of prohibiting the discharge of weapons, is guilty of

1-16  a category B felony and shall be punished by imprisonment in the

1-17  state prison for a minimum term of not less than 2 years and a

2-1  maximum term of not more than 15 years, or by a fine of not more

2-2  than $5,000, or by both fine and imprisonment.

2-3  2.  If a firearm is discharged out of any vehicle, vessel or

2-4  aircraft that is in motion or at rest and it cannot with reasonable

2-5  certainty be ascertained in what county the crime was committed,

2-6  the offender may be arrested and tried in any county through

2-7  which the vehicle, vessel or aircraft may have run on the trip

2-8  during which the firearm was discharged.

2-9  3.  The provisions of this section do not apply to:

2-10      (a) A person who lawfully shoots at a game mammal or game

2-11  bird pursuant to subsection 2 of NRS 503.010 . [; or]

2-12      (b) A peace officer while engaged in the performance of his

2-13  official duties.

2-14      (c) A person who discharges a firearm in a lawful manner and

2-15  in the course of a lawful business, event or activity.

2-16      4.  As used in this section:

2-17      (a) “Aircraft” means any airplane, glider, balloon or other

2-18  device used as a means of transportation through the air, whether

2-19  or not it is self-propelled.

2-20      (b) “Structure” means any temporary or permanent structure,

2-21  including, but not limited to, any tent, house, room, apartment,

2-22  tenement, shop, warehouse, store, mill, barn, stable, outhouse or

2-23  other building.

2-24      (c) “Vehicle” means any motor vehicle or trailer designed for

2-25  use with a motor vehicle, whether or not it is self-propelled,

2-26  operated on rails or propelled by electric power obtained from

2-27  overhead wires.

2-28      (d) “Vessel” means any ship, boat or other device used

2-29  as a means of transportation on water, whether or not it is

2-30  self-propelled.

 

2-31  H