SB 89 — Revises provisions relating to firearms. (BDR 15-174)

S.B.Senate Bill No.

8989–Senator SENATEPazina BILLCHAPTER.......... NO .

89–ENATOR PAZINA PREFILED JANUARY 13, 2025 ____________ 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.

~ EXPLANATION – Matter in bolded italics is new;

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

Existing law provides that if a person commits certain crimes ordinarily punishable as misdemeanors because of certain characteristics of the victim including race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression, then the crime committed is punishable owningas ora havinggross inmisdemeanor. his or her possession or under his or her custody or control any firearm if that person has been convicted of certain crimes.

(NRS 202.360)207.185) SectionExisting 1law ofalso this bill prohibits a person from purchasing, owning or having in his or her possession or under his or her custody or control any firearm if thethat person has been convicted within the immediately preceding 10 years of committing or attempting to commit certain offensescrimes. that:

(1)(NRS are202.360) punishableSectionny under the laws of this Statebill asprohibits grossa misdemeanorsperson becausefrom thepurchasing, conductowning ofor thehaving offenderin washis motivatedor byher certainpossession territory or district,under requirehis thator theher conductcustody ofor thecontrol offenderany wasfirearm motivatedif by state, certain characteristics of the victimperson orhas resultedbeen inconvicted awithin courtthe imposingimmediately anpreceding additional10 penaltyyears based on a finding that the conduct of thecommitting offenderor wasattempting motivatedto bycommit certain characteristicsoffenses ofthat: the victim.

Section(1) 1are alsopunishable prohibits a person from purchasing, owning or having in his or her possession or under histhe orlaws herof custodythis orState controlas anygross firearmmisdemeanors ifbecause the personconduct hasof beenthe convictedoffender ofwas committingmotivated orby attemptingcertain to characteristics of the victim.victim;

Sectionor 2(2) ofunder thisthe billlaws makesof athe conformingUnited changeStates toor provideany that,state, forcertain purposescharacteristics of prosecutingthe avictim violationor ofresulted sectionin 1,a eachcourt firearmimposing purchasedan byadditional apenalty personbased constituteson a separatefinding violation.that the conduct of the offender was motivated by certain characteristics of the victim.

-Section *SB89*1 –also 2prohibits –a Sectionperson 3from ofpurchasing, thisowning billor provideshaving thatin ahis personor whoher waspossession convictedor ofunder certainhis offensesor describedher incustody sectionor 1control beforeany Julyfirearm 1,if 2025,the isperson nothas prohibitedbeen fromconvicted owningof committing or attempting to commit certain offenses involving violence that theare personmotivated legallyby ownedcertain beforecharacteristics Julyof 1,the 2025.victim.

herSection custody2 orof controlthis anybill makes a conforming change to provide that, for purposes of prosecuting a violation of section 1, each firearm THEpurcSection PEOPLE3 OFof THEthis STATEbill OFprovides NEVADA,that REPRESENTEDa INperson SENATEwho ANDwas ASSEMBLY,convicted DOof ENACTcertain ASoffenses FOLLOWS:described in section 1 before July 1, 2025, is not prohibited from owning or having in his or her possession or under his or her custody or control any firearm that the person legally owned before July 1, 2025.

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:

(a) Has been convicted of the crime of battery which constitutes domestic violence pursuant to NRS 200.485, or a law of any other jurisdiction- that83rd prohibitsSession (2025) – 2 – committed against or upon:s the same or substantially similar conduct, committed(1) againstThe spouse or upon:former spouse of the person;

(1) The spouse or former spouse of the person;

(c) Has been convicted of a violation of NRS 200.575 or a law of any other state that prohibits the same or substantially similar conduct and the court entered a finding in the judgment of conviction or admonishment of rights pursuant to subsection 7 of NRS 200.575;

[or] - *SB89* – 3 – (g) Has been convicted of committing or attempting to commit a hate crime involving violence;

or (h)in Ishis otherwiseor prohibitedher bypossession federalor lawunder fromhis havingor her custody or control.arm  A person who violates the provisions of this subsection is guilty of a firearmcategory B felony and shall be punished by imprisonment in histhe orstate herprison possessionfor ora underminimum histerm orof hernot custodyless orthan control.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.

 A person who violates the provisions of this subsection 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.

(a)- Has83rd beenSession adjudicated(2025) as– mentally3 ill– or has been committed to any mental health facility by a court of this State, any other state or the United States;

A person shall not use or carry a firearm during and in relation to, or possess a firearm in furtherance of, the commission of any act in violation of NRS 453.321, 453.322, 453.337, 453.3385 or 453.401.

- *SB89* – 4 – (I) An element of which is that the conduct of the offender was motivated by the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person or group of persons;

or (II) For which a court of competent jurisdiction imposed an additional penalty pursuant to a finding that the conduct of the offender was motivated by the actual or perceived race, color, religion, national origin, physical or mental disability, sexual - 83rd Session (2025) – 4 – orientation or gender identity or expression of another person or group of persons.

involving(d) a“Hate violationcrime ofinvolving NRSviolence” 200.471,means 200.481,a subparagraphhate (1),crime (3)involving ora (4)violation of paragraphNRS (a)200.471, of200.481, subsectionsubparagraph 1(1), of NRS 200.571, NRS 200.575, 203.080 or 392.915 or a law of the United States or any state, territory or district that prohibits the same or substantially similar conduct.

H~~~~~ 25 - *SB89*83rd Session (2025)