A.B. 105 - *AB105* ASSEMBLY BILL NO. 105–ASSEMBLYMEMBER JAUREGUI PREFILED JANUARY 21, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing firearms. (BDR 15-64) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. 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; prohibiting, under certain circumstances, the possession of a firearm in or within a certain distance of an election site; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law prohibits a person from carrying or possessing certain weapons on 1 the property of the Nevada System of Higher Education, a private or public school 2 or a child care facility, or while in a vehicle of a private or public school or child 3 care facility. (NRS 202.265) Section 1 of this bill additionally prohibits a person 4 from possessing or causing a firearm to be present in, or within 100 feet of an 5 entrance to, a place the person knows or reasonably should know is an election site, 6 unless the person: (1) is a law enforcement officer engaged in the performance of 7 his or her official duties; (2) is a private security guard or other security personnel 8 hired by the owner of the facility or property in which the election site is located; 9 (3) possesses the firearm while in a vehicle, so long as the person does not brandish 10 the firearm or remove the firearm from the vehicle; or (4) lawfully possesses a 11 firearm in a place of residence, in a business or on private property that is located 12 within 100 feet of an entrance to an election site. Under section 1, a person who 13 violates this prohibition is guilty of a gross misdemeanor, except if the person 14 knowingly possesses a firearm or causes a firearm to be present with the specific 15 intent to disrupt, interfere with or monitor the administration of the election, the 16 counting of votes or any person who is voting or attempting to vote, the person is 17 guilty of a category D felony. 18 Section 2 of this bill makes a conforming change to make the existing 19 definitions that apply to certain crimes involving the ownership or possession of a 20 firearm by certain persons applicable to section 1. 21 – 2 – - *AB105* 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 1 thereto a new section to read as follows: 2 1. Except as otherwise provided in subsection 2, a person 3 shall not possess or cause a firearm to be present in, or within 100 4 feet of an entrance to, a place the person knows or reasonably 5 should know is an election site. 6 2. The provisions of subsection 1 do not apply to: 7 (a) A law enforcement officer who is employed by a federal, 8 state or local law enforcement agency and carrying out official 9 duties. 10 (b) A private security guard or other security personnel hired 11 or arranged for by the owner or manager of the facility or property 12 in which the election site is located. 13 (c) The possession of a firearm in a vehicle that is located 14 within 100 feet of an entrance to an election site, so long as the 15 person does not brandish the firearm or remove the firearm from 16 the vehicle. 17 (d) The otherwise lawful possession of a firearm in a 18 residence, in a business or on private property that is located 19 within 100 feet of an entrance to an election site. 20 3. A person shall not knowingly possess a firearm or cause a 21 firearm to be present at an election site with the specific intent to 22 disrupt, interfere with or monitor the administration of the 23 election, the counting of votes or any person who is voting or 24 attempting to vote. 25 4. A person who violates subsection 1 is guilty of a gross 26 misdemeanor. 27 5. A person who violates subsection 3 is guilty of a category D 28 felony and shall be punished as provided in NRS 193.130. 29 6. As used in this section, “election site” means any: 30 (a) Polling place; 31 (b) Central counting place, as defined in NRS 293.0335; or 32 (c) Place a ballot box, as defined in NRS 293.026, or ballot 33 drop box is present. 34 Sec. 2. NRS 202.253 is hereby amended to read as follows: 35 202.253 As used in NRS 202.253 to 202.369, inclusive [:] , 36 and section 1 of this act: 37 1. “Antique firearm” has the meaning ascribed to it in 18 38 U.S.C. § 921(a)(16). 39 2. “Explosive or incendiary device” means any explosive or 40 incendiary material or substance that has been constructed, altered, 41 – 3 – - *AB105* packaged or arranged in such a manner that its ordinary use would 1 cause destruction or injury to life or property. 2 3. “Firearm” means any device designed to be used as a 3 weapon from which a projectile may be expelled through the barrel 4 by the force of any explosion or other form of combustion. 5 4. “Firearm capable of being concealed upon the person” 6 applies to and includes all firearms having a barrel less than 12 7 inches in length. 8 5. “Firearms importer or manufacturer” means a person 9 licensed to import or manufacture firearms pursuant to 18 U.S.C. 10 Chapter 44. 11 6. “Machine gun” means any weapon which shoots, is 12 designed to shoot or can be readily restored to shoot more than one 13 shot, without manual reloading, by a single function of the trigger. 14 7. “Motor vehicle” means every vehicle that is self-propelled. 15 8. “Semiautomatic firearm” means any firearm that: 16 (a) Uses a portion of the energy of a firing cartridge to extract 17 the fired cartridge case and chamber the next shell or round; 18 (b) Requires a separate function of the trigger to fire each 19 cartridge; and 20 (c) Is not a machine gun. 21 9. “Unfinished frame or receiver” means a blank, a casting or a 22 machined body that is intended to be turned into the frame or lower 23 receiver of a firearm with additional machining and which has been 24 formed or machined to the point at which most of the major 25 machining operations have been completed to turn the blank, casting 26 or machined body into a frame or lower receiver of a firearm even if 27 the fire-control cavity area of the blank, casting or machined body is 28 still completely solid and unmachined. 29 Sec. 3. This act becomes effective on July 1, 2025. 30 H