AB199 - Revises provisions relating to firearms. (BDR 15-881)

A.B. 199 - *AB199* ASSEMBLY BILL NO. 199–ASSEMBLYMEMBER D’SILVA PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to firearms. (BDR 15-881) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to firearms; revising the crime of discharging a firearm under certain circumstances; increasing the penalties for discharging a firearm under certain circumstances; revising the punishments for committing certain delinquent acts relating to firearms; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that a person who maliciously, wantonly or negligently 1 discharges or causes to be discharged any pistol, gun or other kind of firearm under 2 certain circumstances is guilty of a misdemeanor. (NRS 202.280) Section 1 of this 3 bill removes the elements of maliciously and wantonly, thereby making the offense 4 apply only to negligently discharging or causing to be discharged any pistol, gun or 5 other kind of firearm under certain circumstances. 6 Existing law further provides that a person who willfully discharges any 7 firearm, air gun or other weapon, or throws any deadly missile in a public place or 8 in any place where any person might be endangered, although an injury does not 9 result, is guilty of a gross misdemeanor. (NRS 202.290) Section 2 of this bill 10 increases the penalty for willfully discharging a firearm in a public place within a 11 populated area designated as such for the purpose of prohibiting the discharge of 12 weapons or in any place where any person might be endangered, although an injury 13 does not result, making it: (1) a category C felony for a first offense; and (2) a 14 category B felony, punishable by imprisonment for a minimum term of not less 15 than 2 years and a maximum term of not more than 15 years, for a second or 16 subsequent offense, any offense involving discharging a firearm more than once in 17 a single occurrence or any offense where the person was previously convicted of an 18 offense involving the discharge of a firearm. 19 Existing law prohibits a child under the age of 18 years from handling or 20 possessing a firearm or having a firearm under his or her control and provides that a 21 child who violates such provisions commits a delinquent act for which the court is 22 – 2 – - *AB199* authorized to detain the child in the same manner as if the child had committed an 23 act that would have been a felony if committed by an adult. (NRS 202.300) 24 Existing law provides that if a child is adjudicated delinquent because the child 25 handled or possessed a firearm or had a firearm under his or her control in violation 26 of that provision of existing law, the juvenile court is required to, for a first offense: 27 (1) order the child to perform 200 hours of community service; and (2) issue an 28 order suspending the driver’s license of the child for not more than 1 year or, if the 29 child does not possess a driver’s license, prohibit the child from receiving a driver’s 30 license for not more than 1 year. For a second offense, the juvenile court is required 31 to: (1) order the child to perform at least 200 hours but not more than 600 hours of 32 community service; and (2) issue an order suspending the driver’s license of the 33 child for at least 90 days but not more than 2 years, or if the child does not possess 34 a driver’s license, prohibit the child from receiving a driver’s license for at least 90 35 days and not more than 2 years. (NRS 62E.650) Section 3 of this bill: (1) revises 36 the punishments that the juvenile court is required to order such that the 37 punishments for a second offense are now applicable to a first offense; and (2) 38 authorizes the juvenile court, for a second offense, to commit the child for 39 confinement in a secure facility for the detention of children and impose any other 40 punitive measures that the court determines to be in the best interests of the public 41 or child. 42 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 202.280 is hereby amended to read as follows: 1 202.280 1. [Unless a greater penalty is provided in NRS 2 202.287, a] A person, whether under the influence of liquor, a 3 controlled substance or otherwise, who [maliciously, wantonly or] 4 negligently discharges or causes to be discharged any pistol, gun or 5 any other kind of firearm, in or upon any public street or 6 thoroughfare, or in any theater, hall, store, hotel, saloon or any other 7 place of public resort, or throws any deadly missile in a public place 8 or in any place where any person might be endangered thereby, 9 although no injury results, is guilty of a misdemeanor. 10 2. All civil, military and peace officers shall be vigilant in 11 carrying the provisions of subsection 1 into full force and effect. 12 Any peace officer who neglects his or her duty in the arrest of any 13 such offender is guilty of a gross misdemeanor. 14 Sec. 2. NRS 202.290 is hereby amended to read as follows: 15 202.290 Unless a greater penalty is provided in NRS 202.287, 16 a person who willfully: 17 1. Aims any gun, pistol, revolver or other firearm, whether 18 loaded or not, at or toward any human being [; or] is guilty of a 19 gross misdemeanor. 20 – 3 – - *AB199* 2. Discharges any [firearm,] air gun or [other] weapon [,] other 1 than a firearm, or throws any deadly missile in a public place or in 2 any place where any person might be endangered thereby, although 3 an injury does not result, 4 [] is guilty of a gross misdemeanor. 5 3. Discharges any firearm in a public place within an area 6 designated by city or county ordinance as a populated area for the 7 purpose of prohibiting the discharge of weapons or in any place 8 where any person might be endangered thereby, although an 9 injury does not result, is guilty of: 10 (a) For a first offense, a category C felony and shall be 11 punished as provided in NRS 193.130. 12 (b) For a second or subsequent offense, or if the person 13 discharges any firearm more than once in a single occurrence or 14 has previously been convicted of any offense involving the 15 discharge of a firearm, a category B felony and shall be punished 16 by imprisonment in the state prison for a minimum term of not 17 less than 2 years and a maximum term of not more than 15 years. 18 Sec. 3. NRS 62E.650 is hereby amended to read as follows: 19 62E.650 [1.] If a child is adjudicated delinquent because the 20 child handled or possessed a firearm or had a firearm under his or 21 her control in violation of NRS 202.300, the juvenile court : [shall:] 22 [(a)] 1. For the first offense [:] , shall: 23 [(1)] (a) Order the child to perform at least 200 hours but 24 not more than 600 hours of community service; and 25 [(2)] (b) Issue an order suspending the driver’s license of the 26 child for [not more than 1 year] at least 90 days but not more than 27 2 years or, if the child does not possess a driver’s license, prohibit 28 the child from receiving a driver’s license for at least 90 days but 29 not more than [1 year:] 2 years: 30 [(I)] (1) Immediately following the date of the order, if 31 the child is eligible to receive a driver’s license. 32 [(II)] (2) After the date the child becomes eligible to 33 receive a driver’s license, if the child is not eligible to receive a 34 license on the date of the order. 35 [(b)] 2. For the second offense [: 36 (1) Order the child to perform at least 200 hours but not more 37 than 600 hours of community service; and 38 (2) Issue an order suspending the driver’s license of the child 39 for at least 90 days but not more than 2 years or, if the child does not 40 possess a driver’s license, prohibit the child from receiving a 41 driver’s license for at least 90 days but not more than 2 years: 42 (I) Immediately following the date of the order, if the 43 child is eligible to receive a driver’s license. 44 – 4 – - *AB199* (II) After the date the child becomes eligible to receive a 1 driver’s license, if the child is not eligible to receive a license on the 2 date of the order. 3 2. If the child is already the subject of a court order suspending 4 or delaying the issuance of the driver’s license of the child, the 5 juvenile court shall order an additional suspension or delay, as 6 appropriate, to apply consecutively with the previous order.] , may: 7 (a) Commit the child for confinement in a secure facility for 8 the detention of children, including a facility which is secured by 9 its staff; and 10 (b) Impose any other punitive measures that the juvenile court 11 determines to be in the best interest of the public or the child. 12 H