Senate Bill No. 40–Committee on Judiciary

 

Prefiled January 30, 2003

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Referred to Committee on Judiciary

 

SUMMARY—Prohibits discharge of firearm from structure or vehicle 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 or vehicle 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 or vehicle and who maliciously

1-5  or wantonly discharges or maliciously or wantonly causes to be

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

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

1-8  (a) If the [motor] structure or vehicle is not within an area

1-9  designated by city or county ordinance as a populated area for the

1-10  purpose of prohibiting the discharge of weapons, is guilty of a

1-11  misdemeanor.

1-12      (b) If the [motor] structure or vehicle is within an area

1-13  designated by city or county ordinance as a populated area for the

1-14  purpose of prohibiting the discharge of weapons, is guilty of a

1-15  category B felony and shall be punished by imprisonment in the

1-16  state prison for a minimum term of not less than 2 years and a

1-17  maximum term of not more than 15 years, or by a fine of not more

1-18  than $5,000, or by both fine and imprisonment.

2-1  2.  If a firearm is discharged within or out of any vehicle that

2-2  is in motion or at rest and it cannot with reasonable certainty be

2-3  ascertained in what county the crime was committed, the offender

2-4  may be arrested and tried in any county through which the vehicle

2-5  may have run on the trip during which the firearm was

2-6  discharged.

2-7  3.  The provisions of this section do not apply to:

2-8  (a) A person who lawfully shoots at a game mammal or game

2-9  bird pursuant to subsection 2 of NRS 503.010 . [; or]

2-10      (b) A peace officer while engaged in the performance of his

2-11  official duties.

2-12      (c) A person who discharges a firearm in a lawful manner and

2-13  in the course of a lawful business, event or activity.

2-14      4.  As used in this section:

2-15      (a) “Structure” means any temporary or permanent structure,

2-16  including, but not limited to, any tent, house, room, apartment,

2-17  tenement, shop, warehouse, store, mill, barn, stable, outhouse or

2-18  other building.

2-19      (b) “Vehicle” means any motor vehicle or trailer designed for

2-20  use with a motor vehicle, whether or not it is self-propelled,

2-21  operated on rails or propelled by electric power obtained from

2-22  overhead wires.

 

2-23  H