AB 286 — Prohibits certain acts relating to firearms. (BDR 15-21)

-(1) *AB286_R1*the –person 3is –a THElaw PEOPLEenforcement OFagency THEor STATEa OFfirearms NEVADA,importer REPRESENTEDor INmanufacturer; SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

or (2) the firearm is rendered permanently inoperable, was manufactured before 1969 or commits such an unlawful act:

(1) for the first offense, is guilty of a grossrson who misdemeanor;

and (2) for the second or any subsequent offense, is guilty of a category D felony.

Section 5.5 of this bill provides that nothing in sections 3-5 shall be deemed to prohibit the sale of an unfinished frame or receiver or firearm - 81st Session (2021) – 2 – a licensed dealer before January 1, 2022.r to a firearms importer or manufacturer or Section 6 of this bill defines the terms “antique firearm,” “firearms importer or manufacturer” and “unfinished frame or receiver.” Section 7 of this bill makes a conforming change relating to the new definitions.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1.(Deleted by amendment.) Sec.

A person shall not possess a firearm on a covered premises without the written consent of the owner or operator of the covered premises or an agent thereof after having been warned by the owner, operator or agent that the person is prohibited from possessing the firearm on the covered premises.

2.

A sufficient warning against possessing a firearm on a covered premises, within the meaning of this section, is given by posting at each public entrance of the covered premises the following sign, which must be not less than 8 1/2 inches in width by 11 inches in height:

In addition to posting the sign prescribed by subsection 2, if the covered premises is a public accommodation facility, the covered premises may provide guests at the time of check-in with a document which contains the language:

“Firearms are prohibited on this property unless the person wishing to possess the firearm has obtained the written consent of the owner or operator of this property or an agent thereof.” 4.

Upon the posting of the sign prescribed by subsection 2 at each public entrance of the covered premises, the owner or operator of the covered premises or the agent thereof shall inform a law enforcement agency with jurisdiction over a violation of - *AB286_R1* – 4 – subsection 1 that a sufficient warning within the meaning of this section is being provided on the covered premises.

5.

A person who violates subsection 1:

(a) For the first offense, is guilty of a misdemeanor;

(b) For the second offense, is guilty of a gross misdemeanor;

and (c) For the third or any subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

6.

This section:

(a) Except as otherwise provided in paragraph (b), applies to any person entering a covered premises, including, without limitation, any person who is the holder of a permit to carry a concealed firearm issued pursuant to NRS 202.3653 to 202.369, inclusive.

(b) Does not apply to:

(1) A security guard of a covered premises or an officer of a law enforcement agency who is required to carry a firearm as part of his or her official duties and who is acting in his or her official capacity at the time of possessing the firearm on the covered premises;

(2) A residential unit owner who:

(I) Carries or stores a firearm in his or her unit;

(II) Carries a firearm directly to his or her unit from a location where he or she is authorized to carry or store a firearm under this subparagraph or from his or her unit to a location where he or she is authorized to carry or store a firearm under this subparagraph;

(III) Carries or stores a firearm in his or her vehicle located in a parking area designated for the residential unit owner;

or (IV) Carries a firearm directly to his or her vehicle located in a parking area designated for the residential unit owner from a location where he or she is authorized to carry or store a firearm under this subparagraph or from such a vehicle to a location where he or she is authorized to carry or store a firearm under this subparagraph;

(3) A guest of a public accommodation facility who:

(I) Purchases a firearm at a trade show in this State;

(II) Transports the purchased firearm directly from the trade show to the public accommodation facility in accordance with all applicable laws;

(III) Enters the public accommodation facility with the firearm unloaded and contained within a bag;

and - *AB286_R1* – 5 – (IV) Notifies the public accommodation facility in writing that his or her bag contains an unloaded firearm;

or (4) If a major purpose of a trade show is the feature of firearms, an employee or operator of the tradeshow who:

(I) Possesses or displays a firearm at the trade show while acting in his or her official capacity as an employee or operator of the trade show;

and (II) Transports an operable or inoperable firearm directly between a parking garage, parking structure or staging area and the trade show.

7.

Nothing in this section shall:

(a) Prohibit or restrict a rule, policy or practice of an owner or operator of a covered premises concerning or prohibiting the presence of firearms on the covered premises;

or (b) Require an owner or operator of a covered premises to adopt a rule, policy or practice concerning or prohibiting the presence of firearms on the covered premises.

8.

As used in this section:

(a) “Consent” does not include consent that is induced by force, threat or fraud.

(b) “Covered premises” means any real property owned or operated by a person who holds a nonrestricted license, as defined in NRS 463.0177, or any affiliate thereof.

The term includes, without limitation any tenant of the real property or establishment located within the bounds of the real property.

(c) “Law enforcement agency” has the meaning ascribed to it in NRS 289.010.

(d) “Official capacity” includes, without limitation, the observance of a meal or other authorized break.

(e) “Public entrance” includes, without limitation, a parking lot or parking structure.

(f) “Residential unit owner” has the meaning ascribed to it in NRS 116B.205.

(g) “Trade show” means an event of limited duration primarily attended by members of a particular trade or industry for the purpose of exhibiting their merchandise or services or discussing matters of interest to members of that trade or industry.

Sec.

3.

- *AB286_R1* – 6 – (a) For the first offense, is guilty of a gross misdemeanor;

and (2) The recipient of the unfinished frame or receiver is a firearms importer or manufacturer;

orished frame or receiver is a (b) The unfinished frame or receiver is required by federal law to be imprinted with a serial number issued by an importer or manufacturer and the unfinished frame or receiver has been imprinted with the serial number.

A person shall not manufacture or cause to be manufactured or assemble or cause to be assembled a firearm that - 81st Session (2021) – 3 – is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder unless the firearm:

(b)(c) IsHas anbeen antiquedetermined firearm;to be a collector’s item pursuant to 26 U.S.C.

or (c) Has been determined to be a collector’s item pursuant to 26 U.S.C.

or - *AB286_R1* – 7 – (2) A firearms importer or manufacturer;

(2)(3) Is an antique firearm;

oror969; (3) Has been determined to be a collector’s item pursuant to 26 U.S.C.

(4) Has been determined to be a collector’s item pursuant to 26 U.S.C.

5.5.

Nothing in the provisions of sections 3 to 5, inclusive, of this act shall be deemed to prohibit the sale of an unfinished frame or receiver or firearm that is not imprinted with a serial number to a firearms importer or manufacturer or a - 81st Session (2021) – 4 – licensed dealer before January 1, 2022.

As used in this section, “licensed dealer” has the meaning ascribed to it in NRS 202.2546.

Sec.

202.253 As used in NRS 202.253 to 202.369, inclusive [:] , andand1.ect“Antique sectionsfirearm” 2has tothe 5,meaning inclusive,ascribed ofto thisit act:in 18 U.S.C.

1.

“Antique firearm” has the meaning ascribed to it in 18 U.S.C.

(a) Uses a portion of the energy of a firing cartridge to extract thethe(b) firedRequires cartridgea caseseparate andfunction chamberof the nexttrigger shellto orfire round;each cartridge;

(b) Requires a separate function of the trigger to fire each cartridge;

“Unfinished frame or receiver” means a blank, a casting or a machined body that is intended to be turned into the frame or - *AB286_R1* – 8 – lower receiver of a firearm with additional machining and which has been formed or machined to the point at which most of the major machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.

The sale or transfer of a firearm by or to any law enforcement agency and, to the extent he or she is acting within the course- and81st scopeSession of(2021) his– or5 her– employment and official duties, any peace officer, security guard entitled to carry a firearm under NAC 648.345, member of the armed forces or federal official.

A temporary transfer of a firearm to a person who is not prohibited from buying or possessing firearms under state or federal lawlaw(a) ifIs suchnecessary transfer:to prevent imminent death or great bodily harm;

(a) Is necessary to prevent imminent death or great bodily harm;

(2)firearm;2) At a lawful organized competition involving the use of a firearm;(3) While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance;

- *AB286_R1* – 9 – (3) While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance;

Sec.- 81st Session (2021) – 6 – Secs.

8.8 and 9.

NRS(Deleted 202.340by isamendment.) herebySec. amended to read as follows:

202.340 1.

Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any instrument or weapon described in NRS 202.350 is taken from the possession of any person charged with the commission of any public offense or crime or any child charged with committing a delinquent act [,] or when any firearm is taken from the possession of any person charged with a third or subsequent violation of section 2 of this act, the instrument , [or] weapon or firearm must be surrendered to:

(a) The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city;

or (b) The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.

 In all other cases, the instrument , [or] weapon or firearm must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument , [or] weapon or firearm was taken.

2.

Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument , [or] weapon or firearm is surrendered pursuant to subsection 1 to:

(a) Retain the confiscated instrument , [or] weapon or firearm for use by the law enforcement agency headed by the officer;

(b) Sell the confiscated instrument , [or] weapon or firearm to another law enforcement agency;

(c) Destroy or direct the destruction of the confiscated instrument , [or] weapon or firearm if it is not otherwise required to be destroyed pursuant to subsection 5;

(d) Trade the confiscated instrument , [or] weapon or firearm to a properly licensed retailer or wholesaler in exchange for equipment necessary for the performance of the agency’s duties;

or (e) Donate the confiscated instrument , [or] weapon or firearm to a museum, the Nevada National Guard or, if appropriate, to another person for use which furthers a charitable or public interest.

- *AB286_R1* – 10 – 3.

All proceeds of a sale ordered pursuant to subsection 2 by:

(a) The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or city.

(b) A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.

4.

Any officer receiving an order pursuant to subsection 2 shall comply with the order as soon as practicable.

5.

Except as otherwise provided in subsection 6, the officer to whom a confiscated instrument , [or] weapon or firearm is surrendered pursuant to subsection 1 shall:

(a) Except as otherwise provided in paragraph (c), destroy or direct to be destroyed any instrument , [or] weapon or firearm which is determined to be dangerous to the safety of the public.

(b) Except as otherwise provided in paragraph (c), return any instrument , [or] weapon [,] or firearm which has not been destroyed pursuant to paragraph (a):

(1) Upon demand, to the person from whom the instrument , [or] weapon or firearm was confiscated if the person is acquitted of the public offense or crime of which the person was charged;

or (2) To the legal owner of the instrument , [or] weapon or firearm if the Attorney General or the district attorney determines that the instrument , [or] weapon or firearm was unlawfully acquired from the legal owner.

If retention of the instrument , [or] weapon or firearm is ordered or directed pursuant to paragraph (c), except as otherwise provided in paragraph (a), the instrument , [or] weapon or firearm must be returned to the legal owner as soon as practicable after the order or direction is rescinded.

(c) Retain the confiscated instrument , [or] weapon or firearm held by the officer pursuant to an order of a judge of a court of record or by direction of the Attorney General or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.

(d) Return any instrument , [or] weapon or firearm which was stolen to its rightful owner, unless the return is otherwise prohibited by law.

6.

Before any disposition pursuant to subsection 5, the officer who is in possession of the confiscated instrument , [or] weapon or firearm shall submit a full description of the instrument , [or] weapon or firearm to a laboratory which provides forensic services in this State.

The director of the laboratory shall determine whether the instrument , [or] weapon [:] or firearm:

(a) Must be sent to the laboratory for examination as part of a criminal investigation;

or - *AB286_R1* – 11 – (b) Is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.

Sec.

9.

NRS 207.200 is hereby amended to read as follows:

207.200 1.

Unless a greater penalty is provided pursuant to NRS 200.603 [,] or section 2 of this act, any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act;

or (b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,  is guilty of a misdemeanor.

The meaning of this subsection is not limited by subsections 2 and 4.

2.

A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:

(a) Painting with fluorescent orange paint:

(1) Not less than 50 square inches of a structure or natural object or the top 12 inches of a post, whether made of wood, metal or other material, at:

(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet;

and (II) Each corner of the land, upon or near the boundary;

and (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;

(b) Fencing the area;

(c) Posting “no trespassing” signs or other notice of like meaning at:

(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet;

and (2) Each corner of the land, upon or near the boundary;

(d) Using the area as cultivated land;

or (e) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.

3.

It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

- *AB286_R1* – 12 – 4.

An entryman on land under the laws of the United States is an owner within the meaning of this section.

5.

As used in this section:

(a) “Cultivated land” means land that has been cleared of its nat(b) “Fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.

The term does not include a barrier made of barbed wire.

(c) “Guest” means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight.

The term does not include a tenant as defined in NRS 118A.170.

Sec.

This section and sections 11, to2, 3.5, 4, inclusive,5.5 and 6 to 9, inclusive, of this act become effective upon passage and approval.

SectionSections 3 and 5 of this act becomesbecome effective on January 1, 2022.

H~~~~~ 21 - *AB286_R1*81st Session (2021)