AB 355 — Revises provisions relating to firearms. (BDR 15-937)

(ReprintedAssembly withBill amendmentsNo. adopted on April 20, 2023) FIRST REPRINT A.B.

355355–Assemblymen AJauregui, SSEMBLYYeager Band ILLNMonroe-Moreno O.CHAPTER..........

355–A SSEMBLYMEN JAUREGUI , YEAGER AND M ONROE -M ORENO M ARCH 20, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to firearms.

(BDR 15-937) 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.

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;

LegislativeLegiExisting Counsel’slaw Digest:prohibits a child under the age of 18 years from handling, possessing or controlling a firearm under certain circumstances.

possessing or controlling a firearm under certain circumstances.

Existing law provides that a person does not aid or knowingly permit a child to handle, possess or control a firearm if the firearm was stored in a securely locked secure.container or at a location which a reasonable person would have believed to be handle, possess or control a firearm is guilty of:

Under existing law, a person who aids or knowingly permits a child toe handle, possess or control a firearm is guilty of:

and (3) for a second or any subsequent offense, a category B felony punishable by imprisonment in the state prison for a minimum term of not Sectionless 1:than 1 year and a maximum term of not more than 6 years.

(1)(NRS provides202.300) theSection same1: penalties for a person who aids or knowingly - *AB355_R1* – 2 – permits a person who is less than 21 years of age to handle, possess or control certain firearms;

and(1) (2)provides includesthe similarsame provisionspenalties concerningfor thea circumstancesperson who aids or knowingly permits a person who is less than 21 years of age to handle, possess or control in which a person does not aid or knowingly permit a person who is less than 2121ces years of age to handle, possess or control such firearms.

Existing law makes it a misdemeanor for a person to negligently store or leave a firearm at a location under his or her control if the person knows or has reason to know that there is a substantial risk that a child, who is otherwise prohibited fromofrom handling, possessing or controlling a firearm, may obtain the firearm.

(NRS 202.300) Section 1 adds a similar provision imposing the same penalty for a person who negligentlyis storesless orthan leaves21 ayears firearmof atage amay similarobtain locationthe firearm.location from which a person whoExisting islaw lessauthorizes thana 21child who is 14 years of age mayor obtainolder theand firearm.who, among other requirements, has a valid hunting license, to handle, possess or control a:

Existing(1) lawrifle authorizes a child who is 14 years of age or oldershotgun; and who, among other requirements, has a valid hunting license, to handle, possess or control a:

(1) However, existing law provides that the rifle or shotgun(2) mustfirearm notcapable beof abeing fullyconcealed automaticupon firearm.the person.

However, existing law provides that the rifle or shotgun must not be a fully automatic firearm.

Under certain circumstances, existing law authorizes a child who is 14 years of age or older to handle, possess or control a rifle or shotgun that is not a fullyfullyof - 82nd Session (2023) – 2 – automatic firearm at his or her residence.

EXPLANATION – Matter in bolded italics is new;

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

- *AB355_R1* – 3 – (c) For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

- 82nd Session (2023) – 3 – (c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting;

or (d) The person who is less than 21 years of age gained possession of the firearm from a member of the Armed Forces of the United States, a reserve component thereof or the National Guard or a law enforcement officer while the member or lawlawonal enforcement officer was carrying out official duties.

202.253 As used in NRS 202.253 to 202.369, inclusive [:] , andand1.ect“Antique sectionfirearm” 1has ofthe thismeaning act:ascribed to it in 18 U.S.C.

1.

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

“Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, - *AB355_R1* – 4 – packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

- 82nd Session (2023) – 4 – 6.

8.

“Semiautomatic firearm” means any firearm that:

A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

- *AB355_R1* – 5 – (b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

3.- 82nd Session (2023) – 5 – subsection 1 if:

A person does not aid or knowingly permit a child to violate subsection(a) 1The if:firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;