A.B. 245
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ASSEMBLY BILL NO. 245–ASSEMBLYMEMBER JAUREGUI
FEBRUARY 17, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to firearms.
(BDR 15-648)
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 a person who is less than
21 years of age from possessing certain firearms; making
it unlawful to aid or knowingly permit a person who is
less than 21 years of age to possess a firearm under
certain circumstances; revising provisions relating to the
storage of a firearm; revising provisions relating to the
handling, possession or control of a firearm by certain
children; providing penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law prohibits a child under the age of 18 years from handling, 1
possessing or controlling a firearm under certain circumstances. (NRS 202.300) 2
Section 1 of this bill makes it a gross misdemeanor for a person who is less than 21 3
years of age to possess or control a: (1) semiautomatic shotgun; or (2) 4
semiautomatic centerfire rifle. 5
Existing law provides that a person does not aid or knowingly permit a child to 6
handle, possess or control a firearm if the firearm was stored in a securely locked 7
container or at a location which a reasonable person would have believed to be 8
secure. Under existing law, a person who aids or knowingly permits a child to 9
handle, possess or control a firearm is guilty of: (1) for the first offense, a 10
misdemeanor; (2) for a first offense, if the person knows or has reason to know that 11
there is a substantial risk that the child will use the firearm to commit a violent act, 12
a category C felony; and (3) for a second or any subsequent offense, a category B 13
felony punishable by imprisonment in the state prison for a minimum term of not 14
less than 1 year and a maximum term of not more than 6 years. (NRS 202.300) 15
Section 1: (1) provides the same penalties for a person who aids or knowingly 16
permits a person who is less than 21 years of age to handle, possess or control 17
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certain firearms; and (2) includes similar provisions concerning the circumstances 18
in which a person does not aid or knowingly permit a person who is less than 21 19
years of age to handle, possess or control such firearms. 20
Existing law makes it a misdemeanor for a person to negligently store or leave 21
a firearm at a location under his or her control if the person knows or has reason to 22
know that there is a substantial risk that a child, who is otherwise prohibited from 23
handling, possessing or controlling a firearm, may obtain the firearm. (NRS 24
202.300) Section 1 adds a similar provision imposing the same penalty for a person 25
who negligently stores or leaves a firearm at a similar location from which a person 26
who is less than 21 years of age may obtain the firearm. 27
Existing law authorizes a child who is 14 years of age or older and who, among 28
other requirements, has a valid hunting license, to handle, possess or control a: (1) 29
rifle or shotgun; or (2) firearm capable of being concealed upon the person. 30
However, existing law provides that the rifle or shotgun must not be a fully 31
automatic firearm. (NRS 202.300) Section 3 of this bill prohibits a child who is 14 32
years of age or older from handling, possessing or controlling a semiautomatic 33
shotgun or semiautomatic centerfire rifle. 34
Under certain circumstances, existing law authorizes a child who is 14 years of 35
age or older to handle, possess or control a rifle or shotgun that is not a fully 36
automatic firearm at his or her residence. (NRS 202.300) Section 3: (1) provides 37
that the rifle or shotgun must not be a semiautomatic shotgun or semiautomatic 38
centerfire rifle; and (2) requires that the rifle or shotgun, while not in use, must 39
remain unloaded and stored in a securely locked container under the possession of 40
certain persons. 41
Section 2 of this bill applies certain definitions prescribed by existing law to 42
section 1. 43
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. A person who is less than 21 years of age shall not handle 3
or have in his or her possession or under his or her control any: 4
(a) Semiautomatic shotgun; or 5
(b) Semiautomatic centerfire rifle. 6
A person who violates this subsection is guilty of a gross 7
misdemeanor. 8
2. A person who aids or knowingly permits a person who is 9
less than 21 years of age to violate subsection 1: 10
(a) Except as otherwise provided in paragraph (b), for the first 11
offense, is guilty of a misdemeanor. 12
(b) For a first offense, if the person knows or has reason to 13
know that there is a substantial risk that the person who is less 14
than 21 years of age will use the firearm to commit a violent act, is 15
guilty of a category C felony and shall be punished as provided in 16
NRS 193.130. 17
(c) For a second or any subsequent offense, is guilty of a 18
category B felony and shall be punished by imprisonment in the 19
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state prison for a minimum term of not less than 1 year and a 1
maximum term of not more than 6 years, and may be further 2
punished by a fine of not more than $5,000. 3
3. A person does not aid or knowingly permit a person who is 4
less than 21 years of age to violate subsection 1 if: 5
(a) The firearm was stored in a securely locked container or at 6
a location which a reasonable person would have believed to be 7
secure; 8
(b) The person who is less than 21 years of age obtained the 9
firearm as a result of an unlawful entry by any person in or upon 10
the premises where the firearm was stored; 11
(c) The injury or death resulted from an accident which was 12
incident to target shooting, sport shooting or hunting; or 13
(d) The person who is less than 21 years of age gained 14
possession of the firearm from a member of the Armed Forces of 15
the United States, a reserve component thereof or the National 16
Guard or a law enforcement officer while the member or law 17
enforcement officer was carrying out official duties. 18
4. The provisions of subsection 1 do not apply to a person 19
who is less than 21 years of age and who: 20
(a) Is a member of the Armed Forces of the United States, a 21
reserve component thereof or the National Guard; 22
(b) Was discharged or released from service in the Armed 23
Forces of the United States, a reserve component thereof or the 24
National Guard under honorable conditions; or 25
(c) Is a law enforcement officer who is employed by a federal, 26
state or local law enforcement agency. 27
5. Unless a greater penalty is provided by law, a person is 28
guilty of a misdemeanor who: 29
(a) Negligently stores or leaves a firearm at a location under 30
his or her control; and 31
(b) Knows or has reason to know that there is a substantial 32
risk that a person who is less than 21 years of age and who is 33
prohibited from handling or having in his or her possession or 34
under his or her control any firearm pursuant to this section may 35
obtain such a firearm. 36
Sec. 2. NRS 202.253 is hereby amended to read as follows: 37
202.253 As used in NRS 202.253 to 202.369, inclusive [:] , 38
and section 1 of this act: 39
1. “Antique firearm” has the meaning ascribed to it in 18 40
U.S.C. § 921(a)(16). 41
2. “Explosive or incendiary device” means any explosive or 42
incendiary material or substance that has been constructed, altered, 43
packaged or arranged in such a manner that its ordinary use would 44
cause destruction or injury to life or property. 45
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3. “Firearm” means any device designed to be used as a 1
weapon from which a projectile may be expelled through the barrel 2
by the force of any explosion or other form of combustion. 3
4. “Firearm capable of being concealed upon the person” 4
applies to and includes all firearms having a barrel less than 12 5
inches in length. 6
5. “Firearms importer or manufacturer” means a person 7
licensed to import or manufacture firearms pursuant to 18 U.S.C. 8
Chapter 44. 9
6. “Machine gun” means any weapon which shoots, is 10
designed to shoot or can be readily restored to shoot more than one 11
shot, without manual reloading, by a single function of the trigger. 12
7. “Motor vehicle” means every vehicle that is self-propelled. 13
8. “Semiautomatic firearm” means any firearm that: 14
(a) Uses a portion of the energy of a firing cartridge to extract 15
the fired cartridge case and chamber the next shell or round; 16
(b) Requires a separate function of the trigger to fire each 17
cartridge; and 18
(c) Is not a machine gun. 19
9. “Unfinished frame or receiver” means a blank, a casting or a 20
machined body that is intended to be turned into the frame or lower 21
receiver of a firearm with additional machining and which has been 22
formed or machined to the point at which most of the major 23
machining operations have been completed to turn the blank, casting 24
or machined body into a frame or lower receiver of a firearm even if 25
the fire-control cavity area of the blank, casting or machined body is 26
still completely solid and unmachined. 27
Sec. 3. NRS 202.300 is hereby amended to read as follows: 28
202.300 1. Except as otherwise provided in this section, a 29
child under the age of 18 years shall not handle or have in his or her 30
possession or under his or her control, except while accompanied by 31
or under the immediate charge of his or her parent or guardian or an 32
adult person authorized by his or her parent or guardian to have 33
control or custody of the child, any firearm of any kind for hunting 34
or target practice or for other purposes. A child who violates this 35
subsection commits a delinquent act and the court may order the 36
detention of the child in the same manner as if the child had 37
committed an act that would have been a felony if committed by an 38
adult. 39
2. A person who aids or knowingly permits a child to violate 40
subsection 1: 41
(a) Except as otherwise provided in paragraph (b), for the first 42
offense, is guilty of a misdemeanor. 43
(b) For a first offense, if the person knows or has reason to know 44
that there is a substantial risk that the child will use the firearm to 45
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commit a violent act, is guilty of a category C felony and shall be 1
punished as provided in NRS 193.130. 2
(c) For a second or any subsequent offense, is guilty of a 3
category B felony and shall be punished by imprisonment in the 4
state prison for a minimum term of not less than 1 year and a 5
maximum term of not more than 6 years, and may be further 6
punished by a fine of not more than $5,000. 7
3. A person does not aid or knowingly permit a child to violate 8
subsection 1 if: 9
(a) The firearm was stored in a securely locked container or at a 10
location which a reasonable person would have believed to be 11
secure; 12
(b) The child obtained the firearm as a result of an unlawful 13
entry by any person in or upon the premises where the firearm was 14
stored; 15
(c) The injury or death resulted from an accident which was 16
incident to target shooting, sport shooting or hunting; or 17
(d) The child gained possession of the firearm from a member of 18
the military or a law enforcement officer, while the member or 19
officer was performing his or her official duties. 20
4. The provisions of subsection 1 do not apply to a child who is 21
a member of the Armed Forces of the United States. 22
5. Unless a greater penalty is provided by law, a person is 23
guilty of a misdemeanor who: 24
(a) Negligently stores or leaves a firearm at a location under his 25
or her control; and 26
(b) Knows or has reason to know that there is a substantial risk 27
that a child prohibited from handling or having in his or her 28
possession or under his or her control any firearm pursuant to this 29
section may obtain such a firearm. 30
6. Except as otherwise provided in subsection 9, a child who is 31
14 years of age or older, who has in his or her possession a valid 32
license to hunt, may handle or have in his or her possession or under 33
his or her control, without being accompanied by his or her parent or 34
guardian or an adult person authorized by his or her parent or 35
guardian to have control or custody of the child: 36
(a) A rifle or shotgun that is not a semiautomatic shotgun, 37
semiautomatic centerfire rifle or fully automatic firearm, if the 38
child is not otherwise prohibited by law from possessing the rifle or 39
shotgun and the child has the permission of his or her parent 40
or guardian to handle or have in his or her possession or under his or 41
her control the rifle or shotgun; or 42
(b) A firearm capable of being concealed upon the person, if the 43
child has the written permission of his or her parent or guardian to 44
handle or have in his or her possession or under his or her control 45
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such a firearm and the child is not otherwise prohibited by law from 1
possessing such a firearm, 2
and the child is traveling to the area in which the child will be 3
hunting or returning from that area and the firearm is not loaded, or 4
the child is hunting pursuant to that license. 5
7. Except as otherwise provided in subsection 9, a child who is 6
14 years of age or older may handle or have in his or her possession 7
or under his or her control a rifle or shotgun that is not a 8
semiautomatic shotgun, semiautomatic centerfire rifle or fully 9
automatic firearm if the child is not otherwise prohibited by law 10
from possessing the rifle or shotgun, without being accompanied by 11
his or her parent or guardian or an adult person authorized by his or 12
her parent or guardian to have control or custody of the child, if the 13
child has the permission of his or her parent or guardian to handle or 14
have in his or her possession or under his or her control the rifle or 15
shotgun and the child is: 16
(a) Attending a course of instruction in the responsibilities of 17
hunters or a course of instruction in the safe use of firearms; 18
(b) Practicing the use of a firearm at an established firing range 19
or at any other area where the discharge of a firearm is permitted; 20
(c) Participating in a lawfully organized competition or 21
performance involving the use of a firearm; 22
(d) Within an area in which the discharge of firearms has not 23
been prohibited by local ordinance or regulation and the child is 24
engaging in a lawful hunting activity in accordance with chapter 502 25
of NRS for which a license is not required; 26
(e) Traveling to or from any activity described in paragraph (a), 27
(b), (c) or (d), and the firearm is not loaded; 28
(f) On real property that is under the control of an adult, and the 29
child has the permission of that adult to possess the firearm on the 30
real property; or 31
(g) At his or her residence [.] , so long as the rifle or shotgun, 32
when not in use, is unloaded and stored in a securely locked 33
container under the possession of his or her parent or guardian or 34
an adult person authorized by his or her parent or guardian to 35
have control or custody of the child. 36
8. Except as otherwise provided in subsection 9, a child who is 37
14 years of age or older may handle or have in his or her possession 38
or under his or her control, for the purpose of engaging in any of the 39
activities listed in paragraphs (a) to (g), inclusive, of subsection 7, a 40
firearm capable of being concealed upon the person, without being 41
accompanied by his or her parent or guardian or an adult person 42
authorized by his or her parent or guardian to have control or 43
custody of the child, if the child: 44
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(a) Has the written permission of his or her parent or guardian to 1
handle or have in his or her possession or under his or her control 2
such a firearm for the purpose of engaging in such an activity; and 3
(b) Is not otherwise prohibited by law from possessing such a 4
firearm. 5
9. A child shall not handle or have in his or her possession or 6
under his or her control a loaded firearm if the child is: 7
(a) An occupant of a motor vehicle; 8
(b) Within any residence, including his or her residence, or any 9
building other than a facility licensed for target practice, unless 10
possession of the firearm is necessary for the immediate defense of 11
the child or another person; or 12
(c) Within an area designated by a county or municipal 13
ordinance as a populated area for the purpose of prohibiting the 14
discharge of weapons, unless the child is within a facility licensed 15
for target practice. 16
10. For the purposes of this section, a firearm is loaded if: 17
(a) There is a cartridge in the chamber of the firearm; 18
(b) There is a cartridge in the cylinder of the firearm, if the 19
firearm is a revolver; or 20
(c) There is a cartridge in the magazine and the magazine is in 21
the firearm or there is a cartridge in the chamber, if the firearm is a 22
semiautomatic firearm. 23
Sec. 4. This act becomes effective on July 1, 2025. 24
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