S.B. 89
- *SB89*
SENATE BILL NO. 89–SENATOR PAZINA
PREFILED JANUARY 13, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to firearms.
(BDR 15-174)
FISCAL NOTE: Effect on Local Government: No.
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 crimes; prohibiting the purchase, possession or
ownership of a firearm by a person who has been
convicted of committing or attempting to commit a crime
motivated by certain characteristics of the victim; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that if a person commits certain crimes ordinarily 1
punishable as misdemeanors because of certain characteristics of the victim 2
including race, color, religion, national origin, physical or mental disability, sexual 3
orientation or gender identity or expression, then the crime committed is punishable 4
as a gross misdemeanor. (NRS 207.185) Existing law also prohibits a person from 5
owning or having in his or her possession or under his or her custody or control any 6
firearm if that person has been convicted of certain crimes. (NRS 202.360) Section 7
1 of this bill prohibits a person from purchasing, owning or having in his or her 8
possession or under his or her custody or control any firearm if the person has been 9
convicted within the immediately preceding 10 years of committing or attempting 10
to commit certain offenses that: (1) are punishable under the laws of this State as 11
gross misdemeanors because the conduct of the offender was motivated by certain 12
characteristics of the victim; or (2) under the laws of the United States or any state, 13
territory or district, require that the conduct of the offender was motivated by 14
certain characteristics of the victim or resulted in a court imposing an additional 15
penalty based on a finding that the conduct of the offender was motivated by 16
certain characteristics of the victim. Section 1 also prohibits a person from 17
purchasing, owning or having in his or her possession or under his or her custody or 18
control any firearm if the person has been convicted of committing or attempting to 19
commit certain offenses involving violence that are motivated by certain 20
characteristics of the victim. Section 2 of this bill makes a conforming change to 21
provide that, for purposes of prosecuting a violation of section 1, each firearm 22
purchased by a person constitutes a separate violation. 23
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Section 3 of this bill provides that a person who was convicted of certain 24
offenses described in section 1 before July 1, 2025, is not prohibited from owning 25
or having in his or her possession or under his or her custody or control any firearm 26
that the person legally owned before July 1, 2025. 27
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 202.360 is hereby amended to read as follows: 1
202.360 1. A person shall not purchase, own or have in his 2
or her possession or under his or her custody or control any firearm 3
if the person: 4
(a) Has been convicted of the crime of battery which constitutes 5
domestic violence pursuant to NRS 200.485, or a law of any other 6
jurisdiction that prohibits the same or substantially similar conduct, 7
committed against or upon: 8
(1) The spouse or former spouse of the person; 9
(2) Any other person with whom the person has had or is 10
having a dating relationship, as defined in NRS 33.018; 11
(3) Any other person with whom the person has a child in 12
common; 13
(4) The parent of the person; or 14
(5) The child of the person or a child for whom the person is 15
the legal guardian. 16
(b) Has been convicted of a felony in this State or any other 17
state, or in any political subdivision thereof, or of a felony in 18
violation of the laws of the United States of America, unless the 19
person has received a pardon and the pardon does not restrict his or 20
her right to bear arms; 21
(c) Has been convicted of a violation of NRS 200.575 or a law 22
of any other state that prohibits the same or substantially similar 23
conduct and the court entered a finding in the judgment of 24
conviction or admonishment of rights pursuant to subsection 7 of 25
NRS 200.575; 26
(d) Except as otherwise provided in NRS 33.031, is currently 27
subject to: 28
(1) An extended order for protection against domestic 29
violence pursuant to NRS 33.017 to 33.100, inclusive, which 30
includes a statement that the adverse party is prohibited from 31
possessing or having under his or her custody or control any firearm 32
while the order is in effect; or 33
(2) An equivalent order in any other state; 34
(e) Is a fugitive from justice; 35
(f) Is an unlawful user of, or addicted to, any controlled 36
substance; [or] 37
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(g) Has been convicted of committing or attempting to commit 1
a hate crime involving violence; or 2
(h) Is otherwise prohibited by federal law from having a firearm 3
in his or her possession or under his or her custody or control. 4
A person who violates the provisions of this subsection is guilty 5
of a category B felony and shall be punished by imprisonment in the 6
state prison for a minimum term of not less than 1 year and a 7
maximum term of not more than 6 years, and may be further 8
punished by a fine of not more than $5,000. 9
2. A person shall not purchase, own or have in his or her 10
possession or under his or her custody or control any firearm if the 11
person: 12
(a) Has been adjudicated as mentally ill or has been committed 13
to any mental health facility by a court of this State, any other state 14
or the United States; 15
(b) Has entered a plea of guilty but mentally ill in a court of this 16
State, any other state or the United States; 17
(c) Has been found guilty but mentally ill in a court of this State, 18
any other state or the United States; 19
(d) Has been acquitted by reason of insanity in a court of this 20
State, any other state or the United States; [or] 21
(e) Is illegally or unlawfully in the United States [.] ; or 22
(f) Has been convicted within the immediately preceding 10 23
years of committing or attempting to commit a hate crime. 24
A person who violates the provisions of this subsection is guilty 25
of a category D felony and shall be punished as provided in 26
NRS 193.130. 27
3. A person shall not use or carry a firearm during and in 28
relation to, or possess a firearm in furtherance of, the commission of 29
any act in violation of NRS 453.321, 453.322, 453.337, 453.3385 or 30
453.401. A person who violates the provisions of this subsection is 31
guilty of a category B felony and shall be punished by imprisonment 32
in the state prison for a minimum term of not less than 1 year and a 33
maximum term of not more than 6 years, and may be further 34
punished by a fine of not more than $5,000. 35
4. As used in this section: 36
(a) “Controlled substance” has the meaning ascribed to it in 21 37
U.S.C. § 802(6). 38
(b) “Firearm” includes any firearm that is loaded or unloaded 39
and operable or inoperable. 40
(c) “Hate crime” means: 41
(1) An offense which is punishable as a gross misdemeanor 42
pursuant to NRS 207.185; or 43
(2) An offense under the laws of the United States or any 44
state, territory or district: 45
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(I) An element of which is that the conduct of the 1
offender was motivated by the actual or perceived race, color, 2
religion, national origin, physical or mental disability, sexual 3
orientation or gender identity or expression of another person or 4
group of persons; or 5
(II) For which a court of competent jurisdiction imposed 6
an additional penalty pursuant to a finding that the conduct of the 7
offender was motivated by the actual or perceived race, color, 8
religion, national origin, physical or mental disability, sexual 9
orientation or gender identity or expression of another person or 10
group of persons. 11
(d) “Hate crime involving violence” means a hate crime 12
involving a violation of NRS 200.471, 200.481, subparagraph (1), 13
(3) or (4) of paragraph (a) of subsection 1 of NRS 200.571, NRS 14
200.575, 203.080 or 392.915 or a law of the United States or any 15
state, territory or district that prohibits the same or substantially 16
similar conduct. 17
Sec. 2. NRS 202.3621 is hereby amended to read as follows: 18
202.3621 1. For purposes of prosecuting a violation of NRS 19
202.360, each firearm purchased, owned, possessed or under the 20
custody or control of a person constitutes a separate violation. 21
2. As used in this section, “firearm” includes any firearm that 22
is loaded or unloaded and operable or inoperable. 23
Sec. 3. The provisions of NRS 202.360, as amended by 24
section 1 of this act, do not prohibit a person who was convicted of a 25
hate crime or a hate crime involving violence, as those terms are 26
defined by section 1 of this act, before July 1, 2025, from owning or 27
having in his or her possession or under his or her custody or control 28
any firearm that the person legally owned before July 1, 2025. 29
Sec. 4. This act becomes effective on July 1, 2025. 30
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