2005 Nevada Revised Statutes - Chapter 202 — Crimes Against Public Health and Safety

CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTHAND SAFETY

ALCOHOLIC BEVERAGES

NRS 202.015 Alcoholicbeverage defined.

NRS 202.020 Purchase,consumption or possession of alcoholic beverage by minor.

NRS 202.030 Minorloitering in place where alcoholic beverages sold.

NRS 202.040 Falserepresentation by minor to obtain intoxicating liquor.

NRS 202.055 Saleor furnishing of alcoholic beverage to minor; aiding minor to purchase orprocure alcoholic beverage; policy to prevent minor from obtaining alcoholicbeverage through use of Internet.

NRS 202.057 Usingperson who is less than 18 years of age to distribute material that includesoffer for alcoholic beverages.

NRS 202.060 Saloonkeeperallowing minor to remain in establishment.

NRS 202.065 Saleof alcoholic beverage containing more than 80 percent of alcohol by volume.

NRS 202.067 Sale,offer for sale, purchase, possession or use of alcohol vaporizing device; useof brand name of alcoholic beverage in advertisement or promotion of alcoholvaporizing device.

MISCELLANEOUS CRIMES CONCERNING PUBLIC HEALTH

NRS 202.170 Willfullypoisoning or adulterating food, water or medicine.

NRS 202.180 Depositof unwholesome substance; carrying on business detrimental to public health onor near route of public travel; deposit of dead body of animal; burning stolenmetallic wire.

NRS 202.185 Unlawfuldeposit of dead animal, dirt, garbage or rubbish on public highway.

NRS 202.200 Advertisinggoods and services to produce miscarriage.

NRS 202.210 Publishingadvertisement containing prohibited matter.

NRS 202.220 Circulationof publications containing prohibited matter.

NRS 202.230 NRS 202.200, 202.210 and 202.220 not applicable to licensed physicians.

NRS 202.240 Advertisingtreatment, cure or prevention of sexual disorders.

NRS 202.245 Shoe-fittingdevice or machine using X ray or radiation.

NRS 202.246 Dispensingof prescription glasses by unauthorized person.

NRS 202.248 Useor sale of liquid silicone.

TOBACCO

NRS 202.2485 Definitions.

NRS 202.249 Smokingtobacco: Declaration of public policy; enforcement; imposition of morestringent restrictions.

NRS 202.2491 Smokingtobacco: Unlawful in certain public places; posting signs; designation of areasfor smoking.

NRS 202.24915 Smokingtobacco: Allowed under certain circumstances in certain stores that areprincipally devoted to sale of food for human consumption off premises.

NRS 202.2492 Smokingtobacco: Penalty; issuance of citations.

NRS 202.24925 Smokingtobacco: Civil penalty; Account for Health Education for Minors created;administration of Account.

NRS 202.2493 Cigarettesand smokeless products made from tobacco to be sold in unopened package only;sale and distribution of cigarettes and other tobacco products to minorprohibited; penalties.

NRS 202.24935 Saleand distribution of cigarettes and other tobacco products to minor through useof Internet prohibited; penalties; policy to prevent minor from obtainingtobacco products through use of Internet.

NRS 202.2494 Cigarettevending machines lawful in certain public areas; restrictions on coin-operatedmachines.

NRS 202.2496 Randominspections to enforce compliance with NRS202.2493 and 202.2494; assistanceof child in conducting inspection.

NRS 202.2497 AttorneyGeneral to compile results of inspections.

WEAPONS

Dangerous Weapons and Firearms

NRS 202.253 Definitions.

NRS 202.254 Privateperson authorized to obtain background check on person who wishes to obtainfirearm from him; fee.

NRS 202.255 Settingspring gun or other deadly weapon: Unlawful and permitted uses; penalties.

NRS 202.257 Possessionof firearm when under influence of alcohol, controlled substance or otherintoxicating substance; administration of evidentiary test; penalty; forfeitureof firearm.

NRS 202.260 Unlawfulpossession, manufacture or disposition of explosive or incendiary device:Penalty; exceptions.

NRS 202.261 Possessionof component of explosive or incendiary device with intent to manufactureexplosive or incendiary device: Penalty; exceptions.

NRS 202.262 Possessionof explosive or incendiary device in or near certain public or private areas:Penalty; exceptions.

NRS 202.263 Unlawfulmanufacture, possession, sale, advertisement or transportation of hoax bomb:Penalty; exceptions.

NRS 202.265 Possessionof dangerous weapon on property or in vehicle of school; penalty; exceptions.

NRS 202.270 Destructionof building by explosives; penalty; punishment of conspirators.

NRS 202.273 Unlawfulmanufacture or sale of certain metal-penetrating bullets: Exceptions; penalty.

NRS 202.275 Possession,manufacture or disposition of short-barreled rifle or short-barreled shotgun:Penalty; exceptions.

NRS 202.277 Changing,altering, removing or obliterating serial number of firearm prohibited;possession of firearm with serial number changed, altered, removed orobliterated prohibited; penalties.

NRS 202.280 Dischargingfirearm in or upon public streets or in places of public resort; throwingdeadly missiles; duties of civil, military and peace officers; penalties.

NRS 202.285 Dischargingfirearm at or into structure, vehicle, aircraft or watercraft; penalties.

NRS 202.287 Dischargingfirearm within or from structure or vehicle; penalties.

NRS 202.290 Aimingfirearm at human being; discharging weapon where person might be endangered;penalty.

NRS 202.300 Useor possession of firearm by child under age of 18 years; unlawful to aid orpermit child to commit violation; penalties; child 14 years of age or olderauthorized to possess firearm under certain circumstances.

NRS 202.310 Saleof firearms to minors; penalty.

NRS 202.320 Drawingdeadly weapon in threatening manner.

NRS 202.340 Confiscationand disposition of dangerous weapons by law enforcement agencies.

NRS 202.350 Manufacture,importation, possession or use of dangerous weapon or silencer; carryingconcealed weapon without permit; penalties; issuance of permit to carryconcealed weapon; exceptions.

NRS 202.355 Manufactureor sale of switchblade knives: Application for permit; eligibility; publichearing; restrictions.

NRS 202.357 Electronicstun device: Use prohibited except for self-defense; possession by certainpersons prohibited; sale, gift or other provision to certain personsprohibited; penalties.

NRS 202.360 Ownershipor possession of firearm by certain persons prohibited; penalties.

NRS 202.362 Saleor disposal of firearm or ammunition to certain persons prohibited; penalty;exceptions.

Concealed Firearms

NRS 202.3653 Definitions.

NRS 202.3657 Applicationfor permit; eligibility; denial or revocation of permit.

NRS 202.366 Investigationof applicant for permit; issuance or denial of permit; expiration of permit.

NRS 202.3662 Confidentialityof information about applicant for permit and permittee.

NRS 202.3663 Judicialreview of denial of application for permit.

NRS 202.3665 Dutiesof sheriff upon receiving notification that applicant or permittee has beencharged with or convicted of crime involving use or threatened use of force orviolence.

NRS 202.3667 Permitteeto carry permit and proper identification when in possession of concealedfirearm; penalty.

NRS 202.367 Duplicatepermit; notification to sheriff of recovered permit; penalty.

NRS 202.3673 Permitteeauthorized to carry concealed firearm while on premises of public building;exceptions; penalty.

NRS 202.3677 Applicationfor renewal of permit; fees; demonstrated continued competence required.

NRS 202.3678 Applicationfor certification as qualified retired law enforcement officer; fee.

NRS 202.368 Feesto be deposited with county treasurer.

NRS 202.3683 Immunityof state and local governments from civil liability.

NRS 202.3687 Temporarypermits.

NRS 202.369 Regulations.

TEAR GAS BOMBS AND WEAPONS

NRS 202.370 Definitions.

NRS 202.375 Applicabilityof NRS 202.370 to 202.440, inclusive, to small weaponscontaining CS tear gas and to certain law enforcement, correctional andmilitary personnel.

NRS 202.380 Saleor possession of tear gas bombs or weapons which are not permitted under NRS 202.370 to 202.440, inclusive; penalties.

NRS 202.390 Weaponto bear name of manufacturer and serial number; penalty for removal.

NRS 202.400 Permitfor possession, transportation and use in protective system to be issued bysheriff.

NRS 202.410 Applicationsfor permits: Contents.

NRS 202.420 Inspectionof permits.

NRS 202.430 Revocationof permits.

NRS 202.440 Licensefor retail sale of bombs or weapons; conditions.

ACTS OF TERRORISM; WEAPONS OF MASS DESTRUCTION; LETHAL AGENTS;TOXINS

NRS 202.441 Definitions.

NRS 202.4415 Actof terrorism defined.

NRS 202.442 Biologicalagent defined.

NRS 202.4425 Chemicalagent defined.

NRS 202.443 Deliverysystem defined.

NRS 202.4431 Foruse as a weapon defined.

NRS 202.4433 Materialsupport defined.

NRS 202.4435 Oral,written or electronic communication defined.

NRS 202.4437 Radioactiveagent defined.

NRS 202.4439 Terroristdefined.

NRS 202.444 Toxindefined.

NRS 202.4445 Weaponof mass destruction defined.

NRS 202.445 Actsof terrorism or attempted acts of terrorism prohibited; penalties.

NRS 202.446 Certainacts related to weapons of mass destruction, lethal agents, toxins and deliverysystems prohibited; penalties.

NRS 202.448 Makingthreats or conveying false information concerning acts of terrorism, weapons ofmass destruction, lethal agents or toxins prohibited; penalty.

PUBLIC NUISANCES

NRS 202.450 Definition.

NRS 202.460 Unequaldamage.

NRS 202.470 Maintainingor permitting nuisance: Penalty.

NRS 202.480 Abatementof nuisance.

MISCELLANEOUS CRIMES CONCERNING PUBLIC SAFETY

NRS 202.500 Dangerousor vicious dogs: Unlawful acts; penalties.

NRS 202.510 Doorsof public buildings to swing outward.

NRS 202.530 Recklessriding or driving of horse on public street or highway; exceptions.

NRS 202.540 Dangerousexhibitions.

NRS 202.550 Placingof lethal bait on public domain.

NRS 202.560 Removalof doors from discarded refrigerators, iceboxes and deep-freeze lockers.

NRS 202.575 Leavingchild unattended in motor vehicle; penalty; exception.

NRS 202.580 Removal,damage or destruction of signal or apparatus for police or fire alarm;impairing effectiveness of or installing inoperable system for fire protection.

NRS 202.595 Performanceof act or neglect of duty in willful or wanton disregard of safety of personsor property; penalty.

EXPLOSIVES; BOMB THREATS

NRS 202.750 Explosivedefined.

NRS 202.760 Shipmentor receipt of explosives by certain persons unlawful.

NRS 202.770 Seizureand forfeiture of explosives.

NRS 202.780 Transportationor receipt of explosives for unlawful purpose; penalties.

NRS 202.790 Authorizedtransportation or receipt of explosives for lawful purpose not prohibited.

NRS 202.810 Unlawfulpossession of explosives in state buildings; penalties.

NRS 202.820 Useor possession of explosives during commission of felony; penalties.

NRS 202.830 Useof explosives to damage or destroy property prohibited; penalties.

NRS 202.840 Bombthreats prohibited; penalties.

REPORTING OF CERTAIN OFFENSES AGAINST CHILDREN

NRS 202.870 Definitions.

NRS 202.873 Lawenforcement agency defined.

NRS 202.876 Violentor sexual offense defined.

NRS 202.879 Reasonablecause to believe and as soon as reasonably practicable defined; authorizedmanner of making report and communicating information.

NRS 202.882 Dutyto report violent or sexual offense against child 12 years of age or younger;penalty for failure to report; contents of report.

NRS 202.885 Limitationon prosecution or conviction for failure to report.

NRS 202.888 Personsexempt from duty to report.

NRS 202.891 Immunityfrom civil or criminal liability; presumption that report was made in goodfaith.

NRS 202.894 Reportdeemed report of abuse or neglect of child made pursuant to NRS 432B.220.

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ALCOHOLIC BEVERAGES

NRS 202.015 Alcoholicbeverage defined. For the purposes of NRS 202.015 to 202.065, inclusive, alcoholic beveragemeans:

1. Beer, ale, porter, stout and other similarfermented beverages, including sake and similar products, of any name ordescription containing one-half of 1 percent or more alcohol by volume, brewedor produced from malt, wholly or in part, or from any substitute therefor.

2. Any beverage obtained by the fermentation of thenatural content of fruits or other agricultural products containing sugar, ofnot less than one-half of 1 percent of alcohol by volume.

3. Any distilled spirits commonly referred to as ethylalcohol, ethanol or spirits of wine in any form, including all dilutions andmixtures thereof from whatever process produced.

(Added to NRS by 1987, 481; A 1991, 168; 2001, 1426; 2005, 1326)

NRS 202.020 Purchase,consumption or possession of alcoholic beverage by minor.

1. Any person under 21 years of age who purchases anyalcoholic beverage or any such person who consumes any alcoholic beverage inany saloon, resort or premises where spirituous, malt or fermented liquors orwines are sold is guilty of a misdemeanor.

2. Any person under 21 years of age who, for anyreason, possesses any alcoholic beverage in public is guilty of a misdemeanor.

3. This section does not preclude a local governmentalentity from enacting by ordinance an additional or broader restriction.

4. For the purposes of this section, possession inpublic includes possession:

(a) On any street or highway;

(b) In any place open to the public; and

(c) In any private business establishment which is ineffect open to the public.

5. The term does not include:

(a) Possession for an established religious purpose;

(b) Possession in the presence of the persons parent,spouse or legal guardian who is 21 years of age or older;

(c) Possession in accordance with a prescription issuedby a person statutorily authorized to issue prescriptions;

(d) Possession in private clubs or privateestablishments; or

(e) The selling, handling, serving or transporting ofalcoholic beverages by a person in the course of his lawful employment by alicensed manufacturer, wholesaler or retailer of alcoholic beverages.

[1:272:1947; 1943 NCL 10594.02](NRS A 1967, 482;1987, 482)

NRS 202.030 Minorloitering in place where alcoholic beverages sold. Anyperson under 21 years of age who shall loiter or remain on the premises of anysaloon where spirituous, malt or fermented liquors or wines are sold shall bepunished by a fine of not more than $500. Nothing in this section shall applyto:

1. Establishments wherein spirituous, malt orfermented liquors or wines are served only in conjunction with regular mealsand where dining tables or booths are provided separate from the bar; or

2. Any grocery store or drugstore where spirituous,malt or fermented liquors or wines are not sold by the drink for consumption onthe premises.

[1:99:1949; A 1955, 144](NRS A 1967, 482)

NRS 202.040 Falserepresentation by minor to obtain intoxicating liquor.Every minor who shall falsely represent himself to be 21 years of agein order to obtain any intoxicating liquor shall be guilty of a misdemeanor.

[Part 1911 C&P 241; A 1925, 212; NCL 10188]

NRS 202.055 Saleor furnishing of alcoholic beverage to minor; aiding minor to purchase orprocure alcoholic beverage; policy to prevent minor from obtaining alcoholicbeverage through use of Internet.

1. Every person who knowingly:

(a) Sells, gives or otherwise furnishes an alcoholicbeverage to any person under 21 years of age;

(b) Leaves or deposits any alcoholic beverage in anyplace with the intent that it will be procured by any person under 21 years ofage; or

(c) Furnishes, gives, or causes to be given any moneyor thing of value to any person under 21 years of age with the knowledge thatthe money or thing of value is to be used by the person under 21 years of ageto purchase or procure any alcoholic beverage,

is guilty ofa misdemeanor.

2. Paragraph (a) of subsection 1 does not apply to aparent, guardian or physician of the person under 21 years of age.

3. Every person who sells, gives or otherwisefurnishes alcoholic beverages through the use of the Internet shall adopt apolicy to prevent a person under 21 years of age from obtaining an alcoholicbeverage from the person through the use of the Internet. The policy mustinclude, without limitation, a method for ensuring that the person who deliversthe alcoholic beverages obtains the signature of a person who is over the ageof 21 years when delivering the beverages and that the packaging or wrapping ofthe alcoholic beverages when they are shipped is clearly marked with words thatdescribe the alcoholic beverages. A person who fails to adopt a policy pursuantto this subsection is guilty of a misdemeanor and shall be punished by a fineof not more than $500.

(Added to NRS by 1967, 482; A 1969, 22; 1987, 482; 2001, 2788)

NRS 202.057 Usingperson who is less than 18 years of age to distribute material that includesoffer for alcoholic beverages.

1. Except as otherwise provided in subsection 2, it isunlawful for a person to employ, allow or use a person who is less than 18years of age to distribute promotional materials that include an offer foralcoholic beverages for a business, including, without limitation, a gamingestablishment, a saloon, a resort or a restaurant.

2. This section does not prohibit the employment of aperson who is less than 18 years of age to distribute a publication thatincludes an advertisement for the sale of alcoholic beverages which is incidentto the publication.

3. A person who violates subsection 1 is guilty of amisdemeanor.

(Added to NRS by 2001, 1426)

NRS 202.060 Saloonkeeperallowing minor to remain in establishment. Anyproprietor, keeper or manager of a saloon or resort where spirituous, malt orfermented liquors or wines are sold, who shall, knowingly, allow or permit anyperson under the age of 21 years to remain therein shall be punished by a fineof not more than $500. Nothing in this section shall apply to:

1. Establishments wherein spirituous, malt orfermented liquors or wines are served only in conjunction with regular mealsand where dining tables or booths are provided separate from the bar; or

2. Any grocery store or drugstore where spirituous,malt or fermented liquors or wines are not sold by the drink for consumption onthe premises.

[1:152:1911; A 1955, 85](NRS A 1967, 483)

NRS 202.065 Saleof alcoholic beverage containing more than 80 percent of alcohol by volume.

1. A person shall not sell an alcoholic beveragecontaining more than 80 percent of alcohol by volume.

2. A person who violates the provisions of this sectionis guilty of a misdemeanor.

(Added to NRS by 1991, 168)

NRS 202.067 Sale,offer for sale, purchase, possession or use of alcohol vaporizing device; useof brand name of alcoholic beverage in advertisement or promotion of alcoholvaporizing device.

1. A person shall not:

(a) Sell or offer for sale, purchase, possess or use analcohol vaporizing device; or

(b) Use the brand name of any alcoholic beverage in anadvertisement or other promotion of an alcohol vaporizing device.

2. A person who violates any provision of subsection 1is guilty of a misdemeanor.

3. As used in this section:

(a) Alcohol vaporizing device means a machine orother device which mixes liquor with pure oxygen or any other gas to produce avaporized product which is consumed by inhalation.

(b) Liquor has the meaning ascribed to it in NRS 369.040.

(Added to NRS by 2005, 1325)

MISCELLANEOUS CRIMES CONCERNING PUBLIC HEALTH

NRS 202.170 Willfullypoisoning or adulterating food, water or medicine. Aperson who willfully mingles poison or any other harmful substance, including,but not limited to, glass or a razor blade, in any food, drink or medicineintended or prepared for the use of a human being, and a person who willfullypoisons any spring, well or reservoir of water, is guilty of a category Bfelony and shall be punished by imprisonment in the state prison for a minimumterm of not less than 2 years and a maximum term of not more than 15 years, orby a fine of not more than $10,000, or by both fine and imprisonment.

[1911 C&P 276; RL 6541; NCL 10224](NRS A1967, 483; 1971, 1060; 1979, 1433; 1995, 1204; 1997, 519)

NRS 202.180 Depositof unwholesome substance; carrying on business detrimental to public health onor near route of public travel; deposit of dead body of animal; burning stolenmetallic wire.

1. Every person who:

(a) Shall deposit, leave or keep, on or near a highwayor route of public travel, on land or water, any unwholesome substance;

(b) Shall establish, maintain or carry on, upon or neara highway or route of public travel, on land or water, any business, trade ormanufacture which is detrimental to the public health;

(c) Shall deposit or cast into any lake, creek orriver, wholly or partly in this State, the offal from or the dead body of anyanimal; or

(d) Shall knowingly burn stolen metallic wire to removeinsulation,

shall beguilty of a gross misdemeanor.

2. As used in this section, stolen metallic wiremeans metallic wire that has been taken unlawfully from or without thepermission of the owner, whether or not the person who took the metallic wireis or has been prosecuted or convicted for taking the metallic wire.

[1911 C&P 281; RL 6546; NCL 10229](NRS A 1999, 279)

NRS 202.185 Unlawfuldeposit of dead animal, dirt, garbage or rubbish on public highway.

1. As used in this section:

(a) Dead animals means all dead animals or partsthereof, including condemned meats, not intended to be used as food.

(b) Dirt includes loose earth, ashes, manure frombarns, stables, corrals and pens, offal from butcher houses andslaughterhouses, and all foul and filthy substances.

(c) Garbage includes solid or semisolid kitchenrefuse subject to decay or putrefaction, and market waste of animal andvegetable matter which has been or was intended to be used as food for man oranimal.

(d) Rubbish means old tin and iron cans andcontainers, old wood and paper boxes, old metals, wire, rope, cordage, bottles,bags and bagging, rubber and rubber tires, paper, and all used or castoffarticles or material, including old plaster, brick, cement, glass, and all oldbuilding material.

2. It shall be unlawful for any person to throw ordeposit or cause to be thrown or deposited on any public highway within theState of Nevada, or within a distance of 1,000 feet from the center of anypublic highway, any dead animal, dirt, garbage or rubbish as defined insubsection 1.

3. Any person violating the provisions of this sectionshall be guilty of a misdemeanor.

[1:178:1925; NCL 10554] + [2:178:1925; NCL 10555]+ [3:178:1925; NCL 10556](NRS A 1967, 571)(Substituted in revision for NRS405.220)

NRS 202.200 Advertisinggoods and services to produce miscarriage.

1. It shall be unlawful for any person:

(a) To advertise or publish, or cause to be advertisedor published in a newspaper, pamphlet, handbill, book or otherwise, anymedicine, nostrum, drug, substance, instrument or device to produce themiscarriage or premature delivery of a woman pregnant with child, or whichpurports to be, or is represented to be, productive of such miscarriage orpremature delivery; or

(b) To advertise in any manner his or her services,aid, assistance or advice, or the services, assistance or advice of any otherperson, in the procurement of such miscarriage or premature delivery.

2. Every person who shall violate the provisions ofsubsection 1 shall be guilty of a gross misdemeanor.

[1911 C&P 187; RL 6452; NCL 10134] + [1911C&P 188; RL 6453; NCL 10135](NRS A 1967, 483)

NRS 202.210 Publishingadvertisement containing prohibited matter. Theproprietor or proprietors and the manager or managers of any newspaper, periodicalor other printed sheet published or printed within this state, which shall containany advertisement prohibited by NRS 202.200,shall, for each publication of such advertisement, be guilty of a misdemeanor.

[1911 C&P 189; RL 6454; NCL 10136](NRS A1967, 484)

NRS 202.220 Circulationof publications containing prohibited matter. Everyperson who shall knowingly sell, distribute, give away, or in any manner disposeof or exhibit to another person any newspaper, pamphlet, book, periodical,handbill, printed slip or writing, or cause the same to be so sold,distributed, disposed of, or exhibited, containing any advertisement prohibitedin NRS 202.200, or containing anydescription or notice of, or reference to, or information concerning, ordirection how or where to procure any medicine, drug, nostrum, substance,device, instrument or service, the advertisement of which is prohibited ordeclared to be unlawful, shall be guilty of a misdemeanor.

[Part 1911 C&P 190; RL 6455; NCL 10137](NRS A 1967, 484)

NRS 202.230 NRS 202.200,202.210and 202.220not applicable to licensed physicians. Nothingin NRS 202.200, 202.210 and 202.220 shall be construed to interferewith or apply to legally licensed physicians in the legitimate practice oftheir profession.

[Part 1911 C&P 190; RL 6455; NCL 10137](NRS A 1967, 484)

NRS 202.240 Advertisingtreatment, cure or prevention of sexual disorders.

1. It is unlawful for any person to publish or causeto be published, to deliver or distribute or cause to be delivered ordistributed in any manner whatsoever, or to post, or display, or knowingly topermit to be posted, displayed, or to remain on any buildings, windows orouthouses, or premises or other surface owned or controlled by him in the Stateof Nevada, or to manufacture or sell, or knowingly to have displayed in or onany window or place where the same could be read by passers-by or the public,any advertisement, label, statement, print or writing which refers to anyperson or persons from whom, or to any means by which, or to any office orplace at which may be obtained any treatment or cure of syphilis, gonorrhea,chancroid, lost manhood, sexual weakness, lost vitality, impotency, seminalemissions, gleet, varicocele or self-abuse, whether described by such names,words, terms or phrases, or by any other names, words, terms or phrases,calculated or intended to convey to the reader the idea that any of thediseases, infirmities, disabilities, conditions or habits are meant or referredto, or which refers to any medicine, article, device or preparation that may beused for the treatment, cure or prevention of any of the diseases, infirmities,disabilities, conditions or habits mentioned in this section.

2. Any person violating any of the provisions of thissection is guilty of a misdemeanor.

3. This section does not apply to publications,advertisements or notices of the United States Government, the State of Nevadaor of any city or town or other political subdivision of the State of Nevada.

[1:221:1921; NCL 10531] + [2:221:1921; NCL 10532]+ [3:221:1921; NCL 10533] + [4:221:1921; NCL 10534](NRS A 1967, 484; 1985,513)

NRS 202.245 Shoe-fittingdevice or machine using X ray or radiation.

1. A person shall not operate or maintain anyshoe-fitting device or shoe-fitting machine which uses fluoroscopic, X-ray orradiation principles.

2. Any person violating the provisions of this sectionis guilty of a misdemeanor.

(Added to NRS by 1960, 119; A 1985, 335)

NRS 202.246 Dispensingof prescription glasses by unauthorized person. Itis unlawful:

1. For a wholesale optical supplier or manufacturer tofurnish, sell or dispense prescription glasses or lenses, pursuant to anindividual prescription, to anyone other than a licensed optometrist, opticianor physician. Such licensed optometrist, optician or physician shall dispensesuch glasses or lenses to the individual for whom the glasses were prescribed.

2. For a person responsible for industrial safety inany business establishment to dispense prescription glasses to the employees ofsuch business establishment.

(Added to NRS by 1967, 822)

NRS 202.248 Useor sale of liquid silicone.

1. Except for use in the treatment of retinaldetachment, it is unlawful for a person to:

(a) Inject any liquid silicone substance into the humanbody; or

(b) Sell or offer for sale in this state any liquidsilicone substance for the purpose of injection into the human body.

2. A person who violates the provisions of subsection1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1975, 120; A 1979, 1433; 1987, 203;1995, 1204)

TOBACCO

NRS 202.2485 Definitions. As used in NRS202.2485 to 202.2497, inclusive:

1. Distribute includes furnishing, giving away orproviding products made from tobacco or samples thereof at no cost to promotethe product, whether or not in combination with a sale.

2. Health authority means the district healthofficer in a district, or his designee, or, if none, the State Health Officer,or his designee.

(Added to NRS by 1993, 2843; A 1995, 2603; 2001, 2788)

NRS 202.249 Smokingtobacco: Declaration of public policy; enforcement; imposition of morestringent restrictions.

1. It is the public policy of the State of Nevada andthe purpose of NRS 202.2491, 202.24915 and 202.2492 to place restrictions on thesmoking of tobacco in public places to protect human health and safety.

2. The quality of air is declared to be affected withthe public interest and NRS 202.2491, 202.24915 and 202.2492 are enacted in the exercise ofthe police power of this state to protect the health, peace, safety and generalwelfare of its people.

3. Health authorities, police officers of cities ortowns, sheriffs and their deputies and other peace officers of this stateshall, within their respective jurisdictions, enforce the provisions of NRS 202.2491, 202.24915 and 202.2492. Police officers of cities ortowns, sheriffs and their deputies and other peace officers of this stateshall, within their respective jurisdictions, enforce the provisions of NRS 202.2493, 202.24935 and 202.2494.

4. Except as otherwise provided in subsection 5, anagency, board, commission or political subdivision of this state, including,without limitation, any agency, board, commission or governing body of a localgovernment, shall not impose more stringent restrictions on the smoking, use,sale, distribution, marketing, display or promotion of tobacco or products madefrom tobacco than are provided by NRS202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.

5. A school district may, with respect to theproperty, buildings, facilities and vehicles of the school district, imposemore stringent restrictions on the smoking, use, sale, distribution, marketing,display or promotion of tobacco or products made from tobacco than are providedby NRS 202.2491, 202.24915, 202.2492, 202.2493, 202.24935 and 202.2494.

(Added to NRS by 1975, 462; A 1991, 644; 1993, 2843;1995, 2603; 1999,1692; 2001, 2788;2003, 1007)

NRS 202.2491 Smokingtobacco: Unlawful in certain public places; posting signs; designation of areasfor smoking.

1. Except as otherwise provided in subsections 5 and 6and NRS 202.24915, the smoking oftobacco in any form is prohibited if done in any:

(a) Public elevator.

(b) Public building.

(c) Public waiting room, lobby or hallway of any:

(1) Medical facility or facility for thedependent as defined in chapter 449 of NRS; or

(2) Office of any chiropractor, dentist,physical therapist, physician, podiatric physician, psychologist, optician,optometrist or doctor of Oriental medicine.

(d) Hotel or motel when so designated by the operatorthereof.

(e) Public area of a store principally devoted to thesale of food for human consumption off the premises.

(f) Child care facility.

(g) Bus used by the general public, other than achartered bus, or in any maintenance facility or office associated with a bussystem operated by any regional transportation commission.

(h) School bus.

(i) Video arcade.

2. The person in control of an area listed inparagraph (c), (d), (e) or (g) of subsection 1:

(a) Shall post in the area signs prohibiting smoking inany place not designated for that purpose as provided in paragraph (b).

(b) May designate separate rooms or portions of thearea which may be used for smoking, except for a room or portion of the area ofa store described in paragraph (e) of subsection 1 if the room or portion ofthe area:

(1) Is leased to or operated by a personlicensed pursuant to NRS 463.160; and

(2) Does not otherwise qualify for an exemptionset forth in NRS 202.24915.

3. The person in control of a public building:

(a) Shall post in the area signs prohibiting smoking inany place not designated for that purpose as provided in paragraph (b).

(b) Shall, except as otherwise provided in thissubsection, designate a separate area which may be used for smoking.

A schooldistrict which prohibits the use of tobacco by pupils need not designate anarea which may be used by the pupils to smoke.

4. The operator of a restaurant with a seatingcapacity of 50 or more shall maintain a flexible nonsmoking area within therestaurant and offer each patron the opportunity to be seated in a smoking ornonsmoking area.

5. A business which derives more than 50 percent ofits gross receipts from the sale of alcoholic beverages or 50 percent of itsgross receipts from gaming operations may be designated as a smoking area inits entirety by the operator of the business.

6. The smoking of tobacco is not prohibited in:

(a) Any room or area designated for smoking pursuant toparagraph (b) of subsection 2 or paragraph (b) of subsection 3.

(b) A licensed gaming establishment. A licensed gamingestablishment may designate separate rooms or areas within the establishmentwhich may or may not be used for smoking.

7. As used in this section:

(a) Child care facility means an establishmentoperated and maintained to furnish care on a temporary or permanent basis,during the day or overnight, to five or more children under 18 years of age, ifcompensation is received for the care of any of those children. The term doesnot include the home of a natural person who provides child care.

(b) Licensed gaming establishment has the meaningascribed to it in NRS 463.0169.

(c) Public building means any building or officespace owned or occupied by:

(1) Any component of the Nevada System of HigherEducation and used for any purpose related to the System.

(2) The State of Nevada and used for any publicpurpose, other than that used by the Department of Corrections to house orprovide other services to offenders.

(3) Any county, city, school district or otherpolitical subdivision of the State and used for any public purpose.

If only partof a building is owned or occupied by an entity described in this paragraph,the term means only that portion of the building which is so owned or occupied.

(d) School bus has the meaning ascribed to it in NRS 483.160.

(e) Video arcade means a facility legally accessibleto persons under 18 years of age which is intended primarily for the use ofpinball and video machines for amusement and which contains a minimum of 10such machines.

(Added to NRS by 1975, 462; A 1977, 649, 958; 1985,1755; 1987, 428; 1989, 870, 1626; 1991, 591, 644, 1132, 1695; 1993, 363, 2227; 1999, 1692; 2001, 1108; 2001 Special Session,230; 2003, 289;2005, 462)

NRS 202.24915 Smokingtobacco: Allowed under certain circumstances in certain stores that areprincipally devoted to sale of food for human consumption off premises.

1. A store that is principally devoted to the sale offood for human consumption off the premises may allow the smoking of tobacco ina public area of the store that is leased to or operated by a person who islicensed pursuant to NRS 463.160 if:

(a) The entire interior public area of the store is10,000 square feet or less; or

(b) The area:

(1) Is segregated from the other public areas ofthe store by two or more walls or partial walls, or any combination thereof, ina configuration that includes at least one corner; and

(2) Contains a method of ventilation whichsubstantially removes smoke from the area.

2. Except as otherwise provided in subsection 3, untilJanuary 1, 2007, a store that is principally devoted to the sale of food forhuman consumption off the premises may allow the smoking of tobacco in a publicarea of the store that is leased to or operated by a person who is licensedpursuant to NRS 463.160 if the store wasconstructed before October 1, 1999, or received final approval for constructionbefore October 1, 1999. On or after January 1, 2007, such a store may allowsmoking in that public area only if the area contains a method of ventilationwhich substantially removes smoke from the area.

3. If at any time before January 1, 2007, a storedescribed in subsection 2 remodels 25 percent or more of the square footage ofthe entire public area within the store, the store may continue to allow thesmoking of tobacco in a public area of the store that is leased to or operatedby a person who is licensed pursuant to NRS463.160 only if the store includes as part of the remodeling a method ofventilation which substantially removes smoke from the area.

4. For the purposes of this section, partial wall orwall may include, without limitation, one or more gaming devices, as definedin NRS 463.0155, if the gaming devicesare configured together or in conjunction with other structures to create abarrier that is similar to a partial wall or wall.

(Added to NRS by 1999, 1691; A 2003, 1007)

NRS 202.2492 Smokingtobacco: Penalty; issuance of citations.

1. A person who violates NRS 202.2491 or 202.24915 is guilty of a misdemeanor.

2. In each health district, the district healthofficer shall, and, for areas of this state which are not within a healthdistrict, the State Health Officer shall, designate one or more of hisemployees to prepare, sign and serve written citations on persons accused ofviolating NRS 202.2491 or 202.24915. Such an employee:

(a) May exercise the authority to prepare, sign andserve those citations only within the geographical jurisdiction of the districtor State Health Officer by which he is employed; and

(b) Shall comply with the provisions of NRS 171.1773.

(Added to NRS by 1975, 463; A 1985, 250; 1993, 2844; 1999, 1694)

NRS 202.24925 Smokingtobacco: Civil penalty; Account for Health Education for Minors created;administration of Account.

1. In addition to any criminal penalty, a person whoviolates NRS 202.2491 or 202.24915 is liable for a civil penaltyof $100 for each violation.

2. A health authority within whose jurisdiction aviolation of NRS 202.2491 or 202.24915 is committed shall:

(a) Collect the civil penalty, and may commence a civilproceeding for that purpose; and

(b) Deposit any money he collects pursuant to thissection with the State Treasurer for credit to the Account for Health Educationfor Minors, which is hereby created in the State General Fund.

3. The Superintendent of Public Instruction:

(a) Shall administer the Account for Health Educationfor Minors; and

(b) May, with the advice of the State Health Officer,expend money in the Account only for programs of education for minors regardinghuman health.

4. The interest and income earned on the money in theAccount for Health Education for Minors, after deducting any applicablecharges, must be credited to the Account.

5. All claims against the Account for Health Educationfor Minors must be paid as other claims against the State are paid.

(Added to NRS by 1993, 2843; A 1999, 1694)

NRS 202.2493 Cigarettesand smokeless products made from tobacco to be sold in unopened package only;sale and distribution of cigarettes and other tobacco products to minorprohibited; penalties.

1. A person shall not sell, distribute or offer to sellcigarettes or smokeless products made from tobacco in any form other than in anunopened package which originated with the manufacturer and bears any healthwarning required by federal law. A person who violates this subsection shall bepunished by a fine of $100 and a civil penalty of $100.

2. Except as otherwise provided in subsections 3, 4and 5, it is unlawful for any person to sell, distribute or offer to sellcigarettes, cigarette paper, tobacco of any description or products made fromtobacco to any child under the age of 18 years. A person who violates thissubsection shall be punished by a fine of not more than $500 and a civilpenalty of not more than $500.

3. A person shall be deemed to be in compliance withthe provisions of subsection 2 if, before he sells, distributes or offers tosell to another, cigarettes, cigarette paper, tobacco of any description orproducts made from tobacco, he:

(a) Demands that the person present a valid driverslicense or other written or documentary evidence which shows that the person is18 years of age or older;

(b) Is presented a valid drivers license or otherwritten or documentary evidence which shows that the person is 18 years of ageor older; and

(c) Reasonably relies upon the drivers license orwritten or documentary evidence presented by the person.

4. The employer of a child who is under 18 years ofage may, for the purpose of allowing the child to handle or transport tobaccoor products made from tobacco in the course of the childs lawful employment,provide tobacco or products made from tobacco to the child.

5. With respect to any sale made by his employee, theowner of a retail establishment shall be deemed to be in compliance with theprovisions of subsection 2 if he:

(a) Had no actual knowledge of the sale; and

(b) Establishes and carries out a continuing program oftraining for his employees which is reasonably designed to prevent violationsof subsection 2.

6. Any money recovered pursuant to this section as acivil penalty must be deposited in a separate account in the State General Fundto be used for the enforcement of this section and NRS 202.2494.

[1911 C&P 237; RL 6502; NCL 10184] + [1911C&P 238; RL 6503; NCL 10185] + [1:271:1949; 1943 NCL 1046.01](NRSA 1959, 675; 1961, 379, 625; 1967, 482; 1989, 1955; 1995, 2604)

NRS 202.24935 Saleand distribution of cigarettes and other tobacco products to minor through useof Internet prohibited; penalties; policy to prevent minor from obtainingtobacco products through use of Internet.

1. It is unlawful for a person to knowingly sell ordistribute cigarettes, cigarette paper, tobacco of any description or productsmade from tobacco to a child under the age of 18 years through the use of theInternet.

2. A person who violates the provisions of subsection1 shall be punished by a fine of not more than $500 and a civil penalty of notmore than $500. Any money recovered pursuant to this section as a civil penaltymust be deposited in the same manner as money is deposited pursuant tosubsection 6 of NRS 202.2493.

3. Every person who sells or distributes cigarettes,cigarette paper, tobacco of any description or products made from tobaccothrough the use of the Internet shall adopt a policy to prevent a child underthe age of 18 years from obtaining cigarettes, cigarette paper, tobacco of anydescription or products made from tobacco from the person through the use ofthe Internet. The policy must include, without limitation, a method forensuring that the person who delivers such items obtains the signature of a personwho is over the age of 18 years when delivering the items, that the packagingor wrapping of the items when they are shipped is clearly marked with the wordcigarettes or the words tobacco products, and that the person complies withthe provisions of 15 U.S.C. 376. A person who fails to adopt a policypursuant to this subsection is guilty of a misdemeanor and shall be punished bya fine of not more than $500.

(Added to NRS by 2001, 2787)

NRS 202.2494 Cigarettevending machines lawful in certain public areas; restrictions on coin-operatedmachines.

1. A cigarette vending machine may be placed in apublic area only if persons who are under 21 years of age are prohibited fromloitering in that area pursuant to NRS202.030 or 463.350.

2. A coin-operated vending machine containingcigarettes must not be used to dispense any product not made from tobacco.

(Added to NRS by 1993, 2843; A 1995, 2605; 2003, 1203)

NRS 202.2496 Randominspections to enforce compliance with NRS 202.2493 and 202.2494;assistance of child in conducting inspection.

1. As necessary to comply with applicable federal law,the Attorney General shall conduct random, unannounced inspections at locationswhere tobacco and products made from tobacco are sold, distributed or offeredfor sale to inspect for and enforce compliance with NRS 202.2493 and 202.2494. For assistance in conducting anysuch inspection, the Attorney General may contract with:

(a) Any sheriffs department;

(b) Any police department; or

(c) Any other person who will, in the opinion of theAttorney General, perform the inspection in a fair and impartial manner.

2. If the inspector desires to enlist the assistanceof a child under the age of 18 for such an inspection, the inspector shallobtain the written consent of the childs parent for such assistance.

3. A child assisting in an inspection pursuant to thissection shall, if questioned about his age, state his true age and that he isunder 18 years of age.

4. If a child is assisting in an inspection pursuantto this section, the person supervising the inspection shall:

(a) Refrain from altering or attempting to alter thechilds appearance to make him appear to be 18 years of age or older.

(b) Photograph the child immediately before theinspection is to occur and retain any photographs taken of the child pursuantto this paragraph.

5. The person supervising an inspection using theassistance of a child shall, within a reasonable time after the inspection iscompleted:

(a) Inform a representative of the businessestablishment from which the child attempted to purchase tobacco or productsmade from tobacco that an inspection has been performed and the results of thatinspection.

(b) Prepare a report regarding the inspection. Thereport must include the following information:

(1) The name of the person who supervised theinspection and the position held by him;

(2) The age and date of birth of the child whoassisted in the inspection;

(3) The name and position of the person fromwhom the child attempted to purchase tobacco or products made from tobacco;

(4) The name and address of the establishment atwhich the child attempted to purchase tobacco or products made from tobacco;

(5) The date and time of the inspection; and

(6) The result of the inspection, includingwhether the inspection resulted in the sale, distribution or offering for saleof tobacco or products made from tobacco to the child.

6. No civil or criminal action based upon an allegedviolation of NRS 202.2493 or 202.2494 may be brought as a result of aninspection for compliance in which the assistance of a child has been enlistedunless the inspection has been conducted in accordance with the provisions ofthis section.

(Added to NRS by 1995, 2602)

NRS 202.2497 AttorneyGeneral to compile results of inspections. TheAttorney General shall compile the results of inspections performed pursuant toNRS 202.2496 during the immediatelypreceding fiscal year as is necessary to prepare and submit a report pursuantto 42 U.S.C. 300x-26(b)(2)(B).

(Added to NRS by 1995, 2603)

WEAPONS

Dangerous Weapons and Firearms

NRS 202.253 Definitions. As used in NRS 202.253to 202.369, inclusive:

1. Explosive or incendiary device means anyexplosive or incendiary material or substance that has been constructed,altered, packaged or arranged in such a manner that its ordinary use wouldcause destruction or injury to life or property.

2. Firearm means any device designed to be used as aweapon from which a projectile may be expelled through the barrel by the forceof any explosion or other form of combustion.

3. Firearm capable of being concealed upon theperson applies to and includes all firearms having a barrel less than 12inches in length.

4. Motor vehicle means every vehicle that isself-propelled.

(Added to NRS by 1977, 879; A 1979, 157; 1989, 1239;1995, 1151, 2533, 2726; 1997, 662, 826; 2001, 805; 2003, 1350; 2005, 594)

NRS 202.254 Privateperson authorized to obtain background check on person who wishes to obtainfirearm from him; fee.

1. A private person who wishes to transfer a firearmto another person may, before he transfers the firearm, request that theCentral Repository for Nevada Records of Criminal History perform a backgroundcheck on the person who wishes to acquire the firearm.

2. The person who requests the information pursuant tosubsection 1 shall provide the Central Repository with identifying informationabout the person who wishes to acquire the firearm.

3. Upon receiving a request from a private personpursuant to subsection 1 and the identifying information required pursuant tosubsection 2, the Central Repository shall within 5 business days afterreceiving the request:

(a) Perform a background check on the person who wishesto acquire the firearm; and

(b) Notify the person who requests the informationwhether the information available to the Central Repository indicates that thereceipt of a firearm by the person who wishes to acquire the firearm wouldviolate a state or federal law.

4. If the person who requests the information does notreceive notification from the Central Repository regarding his request within 5business days after making the request, he may presume that the receipt of afirearm by the person who wishes to acquire the firearm would not violate astate or federal law.

5. The Central Repository may charge a reasonable feefor performing a background check and notifying a person of the results of thebackground check pursuant to this section.

6. The failure of a person to request the CentralRepository to perform a background check pursuant to this section beforetransferring a firearm to another person does not give rise to any civil causeof action.

(Added to NRS by 1997, 825)

NRS 202.255 Settingspring gun or other deadly weapon: Unlawful and permitted uses; penalties.

1. A person who sets a so-called trap, spring pistol,rifle, or other deadly weapon shall be punished:

(a) If no injury results therefrom to any human being,for a gross misdemeanor.

(b) If injuries not fatal result therefrom to any humanbeing, for a category B felony by imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than 6years, or by a fine of not more than $5,000, or by both fine and imprisonment.

(c) If the death of a human being results therefrom:

(1) Under circumstances not rendering the actmurder, for a category B felony by imprisonment in the state prison for aminimum term of not less than 1 year and a maximum term of not more than 10years, and may be further punished by a fine of not more than $10,000; or

(2) Otherwise, for murder which is a category Afelony as provided in NRS 200.030.

2. Subsection 1 does not prevent the use of any loadedspring gun, set gun or other device for the destruction of gophers, moles,coyotes or other burrowing rodents or predatory animals by agents or employeesof governmental agencies engaged in cooperative predatory animal and rodentcontrol work, but:

(a) A loaded spring gun, set gun or other device mustnot be set within 15 miles of the boundaries of any incorporated city or unincorporatedtown; and

(b) Before setting any such loaded spring gun, set gunor other device on any real property permission must first be obtained from theowner, lessee or administrator thereof.

[1911 C&P 302; RL 6567; NCL 10250](NRS A1960, 336; 1967, 485; 1979, 1433; 1995, 1205)

NRS 202.257 Possessionof firearm when under influence of alcohol, controlled substance or otherintoxicating substance; administration of evidentiary test; penalty; forfeitureof firearm.

1. It is unlawful for a person who:

(a) Has a concentration of alcohol of 0.10 or more inhis blood or breath; or

(b) Is under the influence of any controlled substance,or is under the combined influence of intoxicating liquor and a controlledsubstance, or any person who inhales, ingests, applies or otherwise uses anychemical, poison or organic solvent, or any compound or combination of any ofthese, to a degree which renders him incapable of safely exercising actualphysical control of a firearm,

to have inhis actual physical possession any firearm. This prohibition does not apply tothe actual physical possession of a firearm by a person who was within hispersonal residence and had the firearm in his possession solely forself-defense.

2. Any evidentiary test to determine whether a personhas violated the provisions of subsection 1 must be administered in the samemanner as an evidentiary test that is administered pursuant to NRS 484.383 to 484.3947, inclusive, except thatsubmission to the evidentiary test is required of any person who is directed bya police officer to submit to the test. If a person to be tested fails tosubmit to a required test as directed by a police officer, the officer maydirect that reasonable force be used to the extent necessary to obtain thesamples of blood from the person to be tested, if the officer has reasonablecause to believe that the person to be tested was in violation of this section.

3. Any person who violates the provisions ofsubsection 1 is guilty of a misdemeanor.

4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during theviolation of subsection 1, the firearm is brandished, aimed or otherwisehandled by the person in a manner which endangered others.

5. As used in this section, the phrase concentrationof alcohol of 0.10 or more in his blood or breath means 0.10 gram or more ofalcohol per 100 milliliters of the blood of a person or per 210 liters of hisbreath.

(Added to NRS by 1995, 2533; A 1999, 2470; 2003, 2565)

NRS 202.260 Unlawfulpossession, manufacture or disposition of explosive or incendiary device:Penalty; exceptions.

1. A person who unlawfully possesses, manufactures ordisposes of any explosive or incendiary device with the intent to destroy lifeor property is guilty of a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 1 year and a maximumterm of not more than 6 years, and may be further punished by a fine of notmore than $5,000.

2. This section does not prohibit a person frompossessing, manufacturing or using any material, component, substance or deviceas required for the performance of his duties related to mining, agriculture,construction or any other valid occupational purpose, or if the person isauthorized by a governmental entity which has lawful control over such mattersto use those items in the performance of his duties.

3. For the purposes of this section, dispose ofmeans give, give away, loan, offer, offer for sale, sell or transfer.

[1911 C&P 306; RL 6571; NCL 10254](NRS A1973, 552; 1979, 1434; 1995, 1205; 2001, 805)

NRS 202.261 Possessionof component of explosive or incendiary device with intent to manufactureexplosive or incendiary device: Penalty; exceptions.

1. A person shall not knowingly possess any componentof an explosive or incendiary device with the intent to manufacture anexplosive or incendiary device.

2. A person who violates subsection 1 is guilty of acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 1 year and a maximum term of not more than 6years, and may be further punished by a fine of not more than $5,000.

3. This section does not prohibit a person frompossessing, manufacturing or using any material, component, substance or deviceas required for the performance of his duties related to mining, agriculture,construction or any other valid occupational purpose, or if the person isauthorized by a governmental entity which has lawful control over such mattersto use those items in the performance of his duties.

(Added to NRS by 2001, 804)

NRS 202.262 Possessionof explosive or incendiary device in or near certain public or private areas:Penalty; exceptions.

1. Except as otherwise provided in subsection 3, aperson shall not possess any explosive or incendiary device or any explosive orincendiary material, substance or component that may be readily converted to anexplosive or incendiary device:

(a) In or upon any public street or highway in thisstate;

(b) In or near any private habitation, public place orany place open to the public; or

(c) In, on or near any public conveyance.

2. A person who violates subsection 1 is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

3. This section does not prohibit a person frompossessing any material, component, substance or device:

(a) As required for the performance of his dutiesrelated to mining, agriculture, construction or any other valid occupationalpurpose, or if the person is authorized by a governmental entity which haslawful control over such matters to use those items in the performance of hisduties;

(b) In an amount which, if detonated or otherwiseexploded, would not ordinarily cause substantial bodily harm to another personor substantial harm to the property of another; or

(c) As part of a model rocket or engine for a modelrocket that is designed, sold and used for the purpose of propelling a modelrocket.

(Added to NRS by 2001, 804)

NRS 202.263 Unlawfulmanufacture, possession, sale, advertisement or transportation of hoax bomb:Penalty; exceptions.

1. A person shall not manufacture, purchase, possess,sell, advertise for sale or transport a hoax bomb if the person knows or shouldknow that the hoax bomb is to be used to make a reasonable person believe thatthe hoax bomb is an explosive or incendiary device.

2. A person who violates subsection 1 is guilty of agross misdemeanor.

3. This section does not prohibit:

(a) The purchase, possession, sale, advertising forsale, transportation or use of a military artifact, if the military artifact isharmless or inert, unless the military artifact is used to make a reasonableperson believe that the military artifact is an explosive or incendiary device.

(b) The authorized manufacture, purchase, possession,sale, transportation or use of any material, substance or device by a member ofthe Armed Forces of the United States, a fire department or a law enforcementagency if the person is acting lawfully while in the line of duty.

(c) The manufacture, purchase, possession, sale,transportation or use of any material, substance or device that is permitted bya specific statute.

4. As used in this section, hoax bomb means:

(a) An inoperative facsimile or imitation of anexplosive or incendiary device; or

(b) A device or object that appears to be or to containan explosive or incendiary device.

(Added to NRS by 1991, 816; A 2001, 805)

NRS 202.265 Possessionof dangerous weapon on property or in vehicle of school; penalty; exceptions.

1. Except as otherwise provided in this section, aperson shall not carry or possess, while on the property of the Nevada Systemof Higher Education or a private or public school or while in a vehicle of aprivate or public school:

(a) An explosive or incendiary device;

(b) A dirk, dagger or switchblade knife;

(c) A nunchaku or trefoil;

(d) A blackjack or billy club or metal knuckles; or

(e) A pistol, revolver or other firearm.

2. Any person who violates subsection 1 is guilty of agross misdemeanor.

3. This section does not prohibit the possession of aweapon listed in subsection 1 on the property of a private or public school bya:

(a) Peace officer;

(b) School security guard; or

(c) Person having written permission from the presidentof a branch or facility of the Nevada System of Higher Education or theprincipal of the school to carry or possess the weapon.

4. For the purposes of this section:

(a) Firearm includes:

(1) Any device used to mark the clothing of aperson with paint or any other substance; and

(2) Any device from which a metallic projectile,including any ball bearing or pellet, may be expelled by means of spring, gas,air or other force.

(b) Nunchaku has the meaning ascribed to it in NRS 202.350.

(c) Switchblade knife has the meaning ascribed to itin NRS 202.350.

(d) Trefoil has the meaning ascribed to it in NRS 202.350.

(e) Vehicle has the meaning ascribed to school busin NRS 484.148.

(Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806)

NRS 202.270 Destructionof building by explosives; penalty; punishment of conspirators.

1. A person who destroys, or attempts to destroy, withdynamite, nitroglycerine, gunpowder or other high explosive, any dwelling houseor other building, knowing or having reason to believe that a human being istherein at the time, is guilty of a category A felony and shall be punished byimprisonment in the state prison:

(a) For life without the possibility of parole;

(b) For life with the possibility of parole, witheligibility for parole beginning when a minimum of 10 years has been served; or

(c) For a definite term of 25 years, with eligibilityfor parole beginning when a minimum of 10 years has been served,

in thediscretion of the jury, or of the court upon a plea of guilty.

2. A person who conspires with others to commit theoffense described in subsection 1 shall be punished in the same manner.

[1911 C&P 307; RL 6572; NCL 10255] + [1911C&P 308; RL 6573; NCL 10256](NRS A 1961, 45; 1973, 1805; 1995, 1206,2467; 1997, 642; 2003,1482)

NRS 202.273 Unlawfulmanufacture or sale of certain metal-penetrating bullets: Exceptions; penalty.

1. Except as provided in subsection 2, it is unlawfulto manufacture or sell any metal-penetrating bullet capable of being fired froma handgun.

2. A person may manufacture and sell metal-penetratingbullets pursuant to an agreement with a law enforcement agency for the sale ofsuch bullets to that agency.

3. A person who violates the provisions of thissection is guilty of a gross misdemeanor.

4. As used in this section, metal-penetrating bulletmeans a bullet whose core:

(a) Reduces the normal expansion of the bullet upon impact;and

(b) Is at least as hard as the maximum hardnessattainable using solid red metal alloys,

and whichcan be used in a handgun. The term does not include any bullet with a copper orbrass jacket and a core of lead or a lead alloy, or a bullet made of lead orlead alloys.

(Added to NRS by 1983, 800)

NRS 202.275 Possession,manufacture or disposition of short-barreled rifle or short-barreled shotgun:Penalty; exceptions.

1. Except as otherwise provided in subsection 3, aperson who knowingly or willfully possesses, manufactures or disposes of anyshort-barreled rifle or short-barreled shotgun is guilty of a category D felonyand shall be punished as provided in NRS193.130.

2. For purposes of this section:

(a) Short-barreled rifle means:

(1) A rifle having one or more barrels less than16 inches in length; or

(2) Any weapon made from a rifle, whether byalteration, modification or other means, with an overall length of less than 26inches.

(b) Short-barreled shotgun means:

(1) A shotgun having one or more barrels lessthan 18 inches in length; or

(2) Any weapon made from a shotgun, whether byalteration, modification or other means, with an overall length of less than 26inches.

3. This section does not prohibit:

(a) The possession or use of any short-barreled rifleor short-barreled shotgun by any peace officer when authorized to do so in theperformance of official duties;

(b) The possession of any short-barreled rifle orshort-barreled shotgun by a person who is licensed as a firearms importer,manufacturer, collector or dealer by the United States Department of theTreasury, or by a person to whom such a rifle or shotgun is registered with theUnited States Department of the Treasury; or

(c) The possession of any short-barreled rifle orshort-barreled shotgun that has been determined to be a collectors itempursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C.Chapter 44.

(Added to NRS by 1977, 879; A 1979, 1434; 1991, 1136;1995, 1206; 2005, 64)

NRS 202.277 Changing,altering, removing or obliterating serial number of firearm prohibited;possession of firearm with serial number changed, altered, removed orobliterated prohibited; penalties.

1. A person shall not intentionally change, alter,remove or obliterate the serial number upon any firearm. Any person whoviolates the provisions of this subsection is guilty of a category C felony andshall be punished as provided in NRS 193.130.

2. A person shall not knowingly possess a firearm onwhich the serial number has been intentionally changed, altered, removed orobliterated. Any person who violates the provisions of this subsection isguilty of a category D felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 1977, 880; A 2003, 1350)

NRS 202.280 Dischargingfirearm in or upon public streets or in places of public resort; throwingdeadly missiles; duties of civil, military and peace officers; penalties.

1. Unless a greater penalty is provided in NRS 202.287, a person, whether under theinfluence of liquor, a controlled substance or otherwise, who maliciously,wantonly or negligently discharges or causes to be discharged any pistol, gunor any other kind of firearm, in or upon any public street or thoroughfare, orin any theater, hall, store, hotel, saloon or any other place of public resort,or throws any deadly missile in a public place or in any place where any personmight be endangered thereby, although no injury results, is guilty of amisdemeanor.

2. All civil, military and peace officers shall bevigilant in carrying the provisions of subsection 1 into full force and effect.Any peace officer who neglects his duty in the arrest of any such offender isguilty of a gross misdemeanor.

[1911 C&P 304; RL 6569; NCL 10252] + [1911C&P 305; RL 6570; NCL 10253](NRS A 1967, 485; 1989, 1240)

NRS 202.285 Dischargingfirearm at or into structure, vehicle, aircraft or watercraft; penalties.

1. A person who willfully and maliciously discharges afirearm at or into any house, room, apartment, tenement, shop, warehouse,store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft,vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive,car or tender:

(a) If it has been abandoned, is guilty of amisdemeanor unless a greater penalty is provided in NRS 202.287.

(b) If it is occupied, is guilty of a category B felonyand shall be punished by imprisonment in the state prison for a minimum term ofnot less than 1 year and a maximum term of not more than 6 years, or by a fineof not more than $5,000, or by both fine and imprisonment.

2. Whenever a firearm is so discharged at or into anyvessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer,railroad locomotive, car or tender, in motion or at rest, and it cannot withreasonable certainty be ascertained in what county the crime was committed, theoffender may be arrested and tried in any county through which the vessel,aircraft, vehicle, vehicle trailer, semitrailer or house trailer, locomotive orrailroad car may have run on the trip during which the firearm was dischargedat or into it.

(Added to NRS by 1979, 157; A 1989, 1240; 1995, 1206)

NRS 202.287 Dischargingfirearm within or from structure or vehicle; penalties.

1. A person who is in, on or under a structure orvehicle and who maliciously or wantonly discharges or maliciously or wantonlycauses to be discharged a firearm within or from the structure or vehicle:

(a) If the structure or vehicle is not within an areadesignated by city or county ordinance as a populated area for the purpose ofprohibiting the discharge of weapons, is guilty of a misdemeanor.

(b) If the structure or vehicle is within an areadesignated by city or county ordinance as a populated area for the purpose ofprohibiting the discharge of weapons, is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 2 years and a maximum term of not more than 15 years, or by a fine ofnot more than $5,000, or by both fine and imprisonment.

2. If a firearm is discharged within or out of anyvehicle that is in motion or at rest and it cannot with reasonable certainty beascertained in what county the crime was committed, the offender may bearrested and tried in any county through which the vehicle may have run on thetrip during which the firearm was discharged.

3. The provisions of this section do not apply to:

(a) A person who lawfully shoots at a game mammal orgame bird pursuant to subsection 2 of NRS503.010.

(b) A peace officer while engaged in the performance ofhis official duties.

(c) A person who discharges a firearm in a lawfulmanner and in the course of a lawful business, event or activity.

4. As used in this section:

(a) Structure means any temporary or permanentstructure, including, but not limited to, any tent, house, room, apartment,tenement, shop, warehouse, store, mill, barn, stable, outhouse or otherbuilding.

(b) Vehicle means any motor vehicle or trailerdesigned for use with a motor vehicle, whether or not it is self-propelled,operated on rails or propelled by electric power obtained from overhead wires.

(Added to NRS by 1989, 1239; A 1993, 2774; 1995,1152, 1207, 2403, 2409; 2003,987)

NRS 202.290 Aimingfirearm at human being; discharging weapon where person might be endangered;penalty. Unless a greater penalty is providedin NRS 202.287, a person who willfully:

1. Aims any gun, pistol, revolver or other firearm,whether loaded or not, at or toward any human being; or

2. Discharges any firearm, air gun or other weapon, orthrows any deadly missile in a public place or in any place where any personmight be endangered thereby, although an injury does not result,

is guilty ofa gross misdemeanor.

[1911 C&P 344; RL 6609; NCL 10292](NRS A1989, 820, 1240, 1243)

NRS 202.300 Useor possession of firearm by child under age of 18 years; unlawful to aid orpermit child to commit violation; penalties; child 14 years of age or olderauthorized to possess firearm under certain circumstances.

1. Except as otherwise provided in thissection, a child under the age of 18 years shall not handle or have in hispossession or under his control, except while accompanied by or under theimmediate charge of his parent or guardian or an adult person authorized by hisparent or guardian to have control or custody of the child, any firearm of anykind for hunting or target practice or for other purposes. A child who violatesthis subsection commits a delinquent act and the court may order the detentionof the child in the same manner as if the child had committed an act that wouldhave been a felony if committed by an adult.

2. A person who aids or knowingly permits a child toviolate subsection 1:

(a) Except as otherwise provided in paragraph (b), forthe first offense, is guilty of a misdemeanor.

(b) For a first offense, if the person knows or hasreason to know that there is a substantial risk that the child will use thefirearm to commit a violent act, is guilty of a category C felony and shall bepunished as provided in NRS 193.130.

(c) For a second or any subsequent offense, is guiltyof a category B felony and shall be punished by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 6 years, and may be further punished by a fine of not more than $5,000.

3. A person does not aid or knowingly permit a childto violate subsection 1 if:

(a) The firearm was stored in a securely lockedcontainer or at a location which a reasonable person would have believed to besecure;

(b) The child obtained the firearm as a result of anunlawful entry by any person in or upon the premises where the firearm wasstored;

(c) The injury or death resulted from an accident whichwas incident to target shooting, sport shooting or hunting; or

(d) The child gained possession of the firearm from amember of the military or a law enforcement officer, while the member orofficer was performing his official duties.

4. The provisions of subsection 1 do not apply to achild who is a member of the Armed Forces of the United States.

5. Except as otherwise provided in subsection 8, achild who is 14 years of age or older, who has in his possession a validlicense to hunt, may handle or have in his possession or under his control,without being accompanied by his parent or guardian or an adult personauthorized by his parent or guardian to have control or custody of him:

(a) A rifle or shotgun that is not a fully automaticfirearm, if the child is not otherwise prohibited by law from possessing therifle or shotgun and the child has the permission of his parent or guardian tohandle or have in his possession or under his control the rifle or shotgun; or

(b) A firearm capable of being concealed upon theperson, if the child has the written permission of his parent or guardian tohandle or have in his possession or under his control such a firearm and thechild is not otherwise prohibited by law from possessing such a firearm,

and thechild is traveling to the area in which he will be hunting or returning fromthat area and the firearm is not loaded, or the child is hunting pursuant tothat license.

6. Except as otherwise provided in subsection 8, achild who is 14 years of age or older may handle or have in his possession orunder his control a rifle or shotgun that is not a fully automatic firearm ifthe child is not otherwise prohibited by law from possessing the rifle or shotgun,without being accompanied by his parent or guardian or an adult personauthorized by his parent or guardian to have control or custody of him, if thechild has the permission of his parent or guardian to handle or have in hispossession or under his control the rifle or shotgun and the child is:

(a) Attending a course of instruction in theresponsibilities of hunters or a course of instruction in the safe use offirearms;

(b) Practicing the use of a firearm at an establishedfiring range or at any other area where the discharge of a firearm ispermitted;

(c) Participating in a lawfully organized competitionor performance involving the use of a firearm;

(d) Within an area in which the discharge of firearmshas not been prohibited by local ordinance or regulation and he is engaging ina lawful hunting activity in accordance with chapter502 of NRS for which a license is not required;

(e) Traveling to or from any activity described in paragraph(a), (b), (c) or (d), and the firearm is not loaded;

(f) On real property that is under the control of anadult, and the child has the permission of that adult to possess the firearm onthe real property; or

(g) At his residence.

7. Except as otherwise provided in subsection 8, achild who is 14 years of age or older may handle or have in his possession orunder his control, for the purpose of engaging in any of the activities listedin paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable ofbeing concealed upon the person, without being accompanied by his parent orguardian or an adult person authorized by his parent or guardian to havecontrol or custody of him, if the child:

(a) Has the written permission of his parent orguardian to handle or have in his possession or under his control such afirearm for the purpose of engaging in such an activity; and

(b) Is not otherwise prohibited by law from possessingsuch a firearm.

8. A child shall not handle or have in his possessionor under his control a loaded firearm if he is:

(a) An occupant of a motor vehicle;

(b) Within any residence, including his residence, orany building other than a facility licensed for target practice, unlesspossession of the firearm is necessary for the immediate defense of the childor another person; or

(c) Within an area designated by a county or municipalordinance as a populated area for the purpose of prohibiting the discharge ofweapons, unless he is within a facility licensed for target practice.

9. For the purposes of this section, a firearm isloaded if:

(a) There is a cartridge in the chamber of the firearm;

(b) There is a cartridge in the cylinder of thefirearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and themagazine is in the firearm or there is a cartridge in the chamber, if thefirearm is a semiautomatic firearm.

[1911 C&P 345; RL 6610; NCL 10293](NRS A1963, 3; 1991, 1154; 1995, 1152; 1997, 516, 1181)

NRS 202.310 Saleof firearms to minors; penalty. Any person inthis state who sells or barters to a child who is under the age of 18 years,with reckless disregard of whether the child is under the age of 18 years, orwith knowledge or reason to know that the child is under the age of 18 years, apistol, revolver or a firearm capable of being concealed upon the person isguilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot more than 6 years, and may be further punished by a fine of not more than$5,000.

[1:164:1955](NRS A 1995, 1154; 1997, 519, 1183)

NRS 202.320 Drawingdeadly weapon in threatening manner.

1. Unless a greater penalty is provided in NRS 202.287, a person having, carrying orprocuring from another person any dirk, dirk-knife, sword, sword cane, pistol,gun or other deadly weapon, who, in the presence of two or more persons, drawsor exhibits any of such deadly weapons in a rude, angry or threatening mannernot in necessary self-defense, or who in any manner unlawfully uses that weaponin any fight or quarrel, is guilty of a misdemeanor.

2. A sheriff, deputy sheriff, marshal, constable orother peace officer shall not be held to answer, under the provisions ofsubsection 1, for drawing or exhibiting any of the weapons mentioned thereinwhile in the lawful discharge of his duties.

[1911 C&P 174; RL 6439; NCL 10121](NRS A1967, 486; 1989, 1240)

NRS 202.340 Confiscationand disposition of dangerous weapons by law enforcement agencies.

1. Except as otherwise provided for firearmsforfeitable pursuant to NRS 453.301,when any instrument or weapon described in NRS202.350 is taken from the possession of any person charged with thecommission of any public offense or crime or any child charged with committinga delinquent act, the instrument or weapon must be surrendered to:

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

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

In all othercases, the instrument or weapon must be surrendered to the sheriff of thecounty or the sheriff of the metropolitan police department for the county inwhich the instrument or weapon was taken.

2. Except as otherwise provided in subsection 5, thegoverning body of the county or city or the metropolitan police committee onfiscal affairs shall at least once a year order the local law enforcementofficer to whom any instrument or weapon is surrendered pursuant to subsection1 to:

(a) Retain the confiscated instrument or weapon for useby the law enforcement agency headed by the officer;

(b) Sell the confiscated instrument or weapon toanother law enforcement agency;

(c) Destroy or direct the destruction of theconfiscated instrument or weapon if it is not otherwise required to bedestroyed pursuant to subsection 5;

(d) Trade the confiscated instrument or weapon to aproperly licensed retailer or wholesaler in exchange for equipment necessaryfor the performance of the agencys duties; or

(e) Donate the confiscated instrument or weapon to amuseum, the Nevada National Guard or, if appropriate, to another person for usewhich furthers a charitable or public interest.

3. All proceeds of a sale ordered pursuant tosubsection 2 by:

(a) The governing body of a county or city must bedeposited with the county treasurer or the city treasurer and the countytreasurer or the city treasurer shall credit the proceeds to the general fundof the county or city.

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

4. Any officer receiving an order pursuant tosubsection 2 shall comply with the order as soon as practicable.

5. Except as otherwise provided in subsection 6, theofficer to whom a confiscated instrument or weapon is surrendered pursuant tosubsection 1 shall:

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

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

(1) Upon demand, to the person from whom theinstrument or weapon was confiscated if the person is acquitted of the publicoffense or crime of which he was charged; or

(2) To the legal owner of the instrument orweapon if the Attorney General or the district attorney determines that theinstrument or weapon was unlawfully acquired from the legal owner. If retentionof the instrument or weapon is ordered or directed pursuant to paragraph (c),except as otherwise provided in paragraph (a), the instrument or weapon must bereturned to the legal owner as soon as practicable after the order or directionis rescinded.

(c) Retain the confiscated instrument or weapon held byhim pursuant to an order of a judge of a court of record or by direction of theAttorney General or district attorney that the retention is necessary forpurposes of evidence, until the order or direction is rescinded.

(d) Return any instrument or weapon which was stolen toits 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 shallsubmit a full description of the instrument or weapon to a laboratory whichprovides forensic services in this State. The director of the laboratory shalldetermine whether the instrument or weapon:

(a) Must be sent to the laboratory for examination aspart of a criminal investigation; or

(b) Is a necessary addition to a referential collectionmaintained by the laboratory for purposes relating to law enforcement.

[1:93:1913; 1919 RL p. 2710; NCL 2300] +[2:93:1913; A 1953, 546](NRS A 1959, 547; 1967, 1719; 1989, 12, 143, 144;1995, 304, 1154, 1161)

NRS 202.350 Manufacture,importation, possession or use of dangerous weapon or silencer; carryingconcealed weapon without permit; penalties; issuance of permit to carryconcealed weapon; exceptions.

1. Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within thisState shall not:

(a) Manufacture or cause to be manufactured, or importinto the State, or keep, offer or expose for sale, or give, lend or possess anyknife which is made an integral part of a belt buckle or any instrument orweapon of the kind commonly known as a switchblade knife, blackjack, slungshot,billy, sand-club, sandbag or metal knuckles;

(b) Manufacture or cause to be manufactured, or importinto the State, or keep, offer or expose for sale, or give, lend, possess oruse a machine gun or a silencer, unless authorized by federal law;

(c) With the intent to inflict harm upon the person ofanother, possess or use a nunchaku or trefoil; or

(d) Carry concealed upon his person any:

(1) Explosive substance, other than ammunitionor any components thereof;

(2) Dirk, dagger or machete;

(3) Pistol, revolver or other firearm, or otherdangerous or deadly weapon; or

(4) Knife which is made an integral part of abelt buckle.

2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of theprovisions of:

(a) Paragraph (a) or (c) or subparagraph (2) or (4) ofparagraph (d) of subsection 1 is guilty:

(1) For the first offense, of a grossmisdemeanor.

(2) For any subsequent offense, of a category Dfelony and shall be punished as provided in NRS193.130.

(b) Paragraph (b) or subparagraph (1) or (3) ofparagraph (d) of subsection 1 is guilty of a category C felony and shall bepunished as provided in NRS 193.130.

3. Except as otherwise provided in this subsection,the sheriff of any county may, upon written application by a resident of thatcounty showing the reason or the purpose for which a concealed weapon is to becarried, issue a permit authorizing the applicant to carry in this State theconcealed weapon described in the permit. The sheriff shall not issue a permitto a person to carry a switchblade knife. This subsection does not authorizethe sheriff to issue a permit to a person to carry a pistol, revolver or otherfirearm.

4. Except as otherwise provided in subsection 5, thissection does not apply to:

(a) Sheriffs, constables, marshals, peace officers,correctional officers employed by the Department of Corrections, special policeofficers, police officers of this State, whether active or honorably retired,or other appointed officers.

(b) Any person summoned by any peace officer to assistin making arrests or preserving the peace while the person so summoned isactually engaged in assisting such an officer.

(c) Any full-time paid peace officer of an agency ofthe United States or another state or political subdivision thereof whencarrying out official duties in the State of Nevada.

(d) Members of the Armed Forces of the United Stateswhen on duty.

5. The exemptions provided in subsection 4 do notinclude a former peace officer who is retired for disability unless his formeremployer has approved his fitness to carry a concealed weapon.

6. The provisions of paragraph (b) of subsection 1 donot apply to any person who is licensed, authorized or permitted to possess oruse a machine gun or silencer pursuant to federal law. The burden ofestablishing federal licensure, authorization or permission is upon the personpossessing the license, authorization or permission.

7. This section shall not be construed to prohibit aqualified law enforcement officer or a qualified retired law enforcementofficer from carrying a concealed weapon in this State if he is authorized todo so pursuant to 18 U.S.C. 926B or 926C.

8. As used in this section:

(a) Concealed weapon means a weapon described in thissection that is carried upon a person in such a manner as not to be discernibleby ordinary observation.

(b) Honorably retired means retired in Nevada aftercompletion of 10 years of creditable service as a member of the PublicEmployees Retirement System. A former peace officer is not honorably retiredif he was discharged for cause or resigned before the final disposition ofallegations of serious misconduct.

(c) Machine gun means any weapon which shoots, isdesigned to shoot or can be readily restored to shoot more than one shot,without manual reloading, by a single function of the trigger.

(d) Nunchaku means an instrument consisting of two ormore sticks, clubs, bars or rods connected by a rope, cord, wire or chain usedas a weapon in forms of Oriental combat.

(e) Qualified law enforcement officer has the meaningascribed to it in 18 U.S.C. 926B(c).

(f) Qualified retired law enforcement officer has themeaning ascribed to it in 18 U.S.C. 926C(c).

(g) Silencer means any device for silencing, mufflingor diminishing the report of a firearm, including any combination of parts,designed or redesigned, and intended for use in assembling or fabricating asilencer or muffler, and any part intended only for use in such assembly orfabrication.

(h) Switchblade knife means a spring-blade knife,snap-blade knife or any other knife having the appearance of a pocket knife,any blade of which is 2 or more inches long and which can be releasedautomatically by a flick of a button, pressure on the handle or othermechanical device, or is released by any type of mechanism. The term does notinclude a knife which has a blade that is held in place by a spring if theblade does not have any type of automatic release.

(i) Trefoil means an instrument consisting of a metalplate having three or more radiating points with sharp edges, designed in theshape of a star, cross or other geometric figure and used as a weapon forthrowing.

[1:47:1925; NCL 2302] + [3:47:1925; NCL 2304](NRS A 1959, 548; 1963, 90; 1967, 486; 1973, 190, 900; 1977, 269, 880;1979, 1435; 1985, 452, 593, 792; 1989, 653; 1995, 1207, 2726; 1997, 826, 1601; 1999, 421, 1208; 2001, 575; 2003, 1351; 2005, 594)

NRS 202.355 Manufactureor sale of switchblade knives: Application for permit; eligibility; publichearing; restrictions.

1. Upon written application, the sheriff of any countymay issue a permit authorizing a person whose place of business is located inthat county to manufacture or to keep, offer or expose for sale switchbladeknives if the person demonstrates good cause for such authorization.

2. Before issuing a permit, the sheriff shall requestthe board of county commissioners to hold a public hearing concerning theissuance of the permit.

3. If the sheriff issues a permit which authorizes aperson to sell switchblade knives, the permit must provide that switchbladeknives may be sold only to:

(a) A person in another state, territory or country;

(b) A person who is authorized by law to possess aswitchblade knife in this state, including, without limitation, any sheriff,constable, marshal, peace officer and member of the Armed Forces of the UnitedStates when on duty; and

(c) A distributor who has been issued a permit pursuantto this section.

(Added to NRS by 2003, 1350)

NRS 202.357 Electronicstun device: Use prohibited except for self-defense; possession by certainpersons prohibited; sale, gift or other provision to certain personsprohibited; penalties.

1. Except as otherwise provided in this section, aperson shall not use an electronic stun device on another person for anypurpose other than self-defense.

2. Except as otherwise provided in this section, aperson shall not have in his possession or under his custody or control anyelectronic stun device if he:

(a) Has been convicted of a felony in this State or anyother state, or in any political subdivision thereof, or of a felony inviolation of the laws of the United States of America, unless he has received apardon and the pardon does not restrict his right to bear arms;

(b) Is a fugitive from justice;

(c) Has been adjudicated as mentally ill or has beencommitted to any mental health facility; or

(d) Is illegally or unlawfully in the United States.

3. A child under 18 years of age shall not have in hispossession or under his custody or control any electronic stun device.

4. Except as otherwise provided in this section, aperson within this State shall not sell, give or otherwise provide anelectronic stun device to another person if he has actual knowledge that theother person:

(a) Is a child under 18 years of age;

(b) Has been convicted of a felony in this State or anyother state, or in any political subdivision thereof, or of a felony inviolation of the laws of the United States of America, unless he has received apardon and the pardon does not restrict his right to bear arms;

(c) Is a fugitive from justice;

(d) Has been adjudicated as mentally ill or has beencommitted to any mental health facility; or

(e) Is illegally or unlawfully in the United States.

5.A person who violates the provisions of:

(a) Subsection 1 or paragraph (a) or (b) of subsection2 is guilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot more than 6 years, and may be further punished by a fine of not more than$5,000.

(b) Paragraph (c) or (d) of subsection 2 is guilty of acategory D felony and shall be punished as provided in NRS 193.130.

6. A child who violates subsection 3 commits adelinquent act and the court may order the detention of the child in the samemanner as if the child had committed an act that would have been a felony ifcommitted by an adult.

7. A person who violates the provisions of subsection4 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

8. The provisions of subsections 1, 2 and 4 do notapply to a peace officer who possesses or uses or sells, gives or otherwiseprovides to another person an electronic stun device within the scope of hisduties.

9. As used in this section, electronic stun devicemeans a device that:

(a) Emits an electrical charge or current that istransmitted by projectile, physical contact or other means; and

(b) Is designed to disable a person or animaltemporarily or permanently.

(Added to NRS by 2005, 266)

NRS 202.360 Ownershipor possession of firearm by certain persons prohibited; penalties.

1. A person shall not own or have in his possession orunder his custody or control any firearm if he:

(a) Has been convicted of a felony in this or any otherstate, or in any political subdivision thereof, or of a felony in violation ofthe laws of the United States of America, unless he has received a pardon andthe pardon does not restrict his right to bear arms;

(b) Is a fugitive from justice; or

(c) Is an unlawful user of, or addicted to, anycontrolled substance.

A person whoviolates the provisions of this subsection is guilty of a category B felony andshall be punished by imprisonment in the state prison for a minimum term of notless than 1 year and a maximum term of not more than 6 years, and may befurther punished by a fine of not more than $5,000.

2. A person shall not own or have in his possession orunder his custody or control any firearm if he:

(a) Has been adjudicated as mentally ill or has beencommitted to any mental health facility; or

(b) Is illegally or unlawfully in the United States.

A person whoviolates the provisions of this subsection is guilty of a category D felony andshall be punished as provided in NRS 193.130.

3. As used in this section:

(a) Controlled substance has the meaning ascribed toit in 21 U.S.C. 802(6).

(b) Firearm includes any firearm that is loaded orunloaded and operable or inoperable.

[2:47:1925; A 1955, 185] + [3:47:1925; NCL 2304](NRS A 1959, 548; 1967, 487; 1979, 1435; 1983, 926; 1985, 453, 594; 1991,72; 1995, 1208; 1997, 828; 2003, 1352)

NRS 202.362 Saleor disposal of firearm or ammunition to certain persons prohibited; penalty;exceptions.

1. Except as otherwise provided in subsection 3, aperson within this State shall not sell or otherwise dispose of any firearm orammunition to another person if he has actual knowledge that the other person:

(a) Is under indictment for, or has been convicted of,a felony in this or any other state, or in any political subdivision thereof,or of a felony in violation of the laws of the United States of America, unlesshe has received a pardon and the pardon does not restrict his right to beararms;

(b) Is a fugitive from justice;

(c) Has been adjudicated as mentally ill or has beencommitted to any mental health facility; or

(d) Is illegally or unlawfully in the United States.

2. A person who violates the provisions of subsection1 is guilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot more than 10 years, and may be further punished by a fine of not more than$10,000.

3. This section does not apply to a person who sellsor disposes of any firearm or ammunition to:

(a) A licensed importer, licensed manufacturer,licensed dealer or licensed collector who, pursuant to 18 U.S.C. 925(b), isnot precluded from dealing in firearms or ammunition; or

(b) A person who has been granted relief from thedisabilities imposed by federal laws pursuant to 18 U.S.C. 925(c).

(Added to NRS by 2003, 1349)

Concealed Firearms

NRS 202.3653 Definitions. As used in NRS202.3653 to 202.369, inclusive,unless the context otherwise requires:

1. Concealed firearm means a loaded or unloadedpistol, revolver or other firearm which is carried upon a person in such amanner as not to be discernible by ordinary observation.

2. Department means the Department of Public Safety.

3. Permit means a permit to carry a concealedfirearm issued pursuant to the provisions of NRS202.3653 to 202.369, inclusive.

(Added to NRS by 1995, 2721; A 1997, 1175; 1999, 850; 2001, 2579; 2005, 596)

NRS 202.3657 Applicationfor permit; eligibility; denial or revocation of permit.

1. Any person who is aresident of this State may apply to the sheriff of the county in which heresides for a permit on a form prescribed by regulation of the Department. Anyperson who is not a resident of this State may apply to the sheriff of anycounty in this State for a permit on a form prescribed by regulation of the Department.Application forms for permits must be furnished by the sheriff of each countyupon request.

2. Except as otherwiseprovided in this section, the sheriff shall issue a permit for one or morespecific firearms to any person who is qualified to possess each firearm understate and federal law, who submits an application in accordance with theprovisions of this section and who:

(a) Is 21 years of age orolder;

(b) Is not prohibited frompossessing a firearm pursuant to NRS 202.360;and

(c) Demonstratescompetence with each firearm by presenting a certificate or other documentationto the sheriff which shows that he:

(1) Successfullycompleted a course in firearm safety approved by a sheriff in this State; or

(2) Successfullycompleted a course in firearm safety offered by a federal, state or local lawenforcement agency, community college, university or national organization thatcertifies instructors in firearm safety.

Such a course must include instruction in the use of each firearm to which theapplication pertains and in the laws of this State relating to the use of afirearm. A sheriff may not approve a course in firearm safety pursuant tosubparagraph (1) unless he determines that the course meets any standards thatare established by the Nevada Sheriffs and Chiefs Association or, if theNevada Sheriffs and Chiefs Association ceases to exist, its legal successor.

3. The sheriff shall denyan application or revoke a permit if he determines that the applicant orpermittee:

(a) Has an outstandingwarrant for his arrest.

(b) Has been judiciallydeclared incompetent or insane.

(c) Has been voluntarily orinvoluntarily admitted to a mental health facility during the immediatelypreceding 5 years.

(d) Has habitually usedintoxicating liquor or a controlled substance to the extent that his normalfaculties are impaired. For the purposes of this paragraph, it is presumed thata person has so used intoxicating liquor or a controlled substance if, duringthe immediately preceding 5 years, he has been:

(1) Convicted ofviolating the provisions of NRS 484.379;or

(2) Committed fortreatment pursuant to NRS 458.290 to 458.350, inclusive.

(e) Has been convicted of acrime involving the use or threatened use of force or violence punishable as amisdemeanor under the laws of this or any other state, or a territory orpossession of the United States at any time during the immediately preceding 3years.

(f) Has been convicted of afelony in this State or under the laws of any state, territory or possession ofthe United States.

(g) Has been convicted of acrime involving domestic violence or stalking, or is currently subject to arestraining order, injunction or other order for protection against domesticviolence.

(h) Is currently on paroleor probation from a conviction obtained in this State or in any other state orterritory or possession of the United States.

(i) Has, within theimmediately preceding 5 years, been subject to any requirements imposed by acourt of this State or of any other state or territory or possession of theUnited States, as a condition to the courts:

(1) Withholding ofthe entry of judgment for his conviction of a felony; or

(2) Suspension ofhis sentence for the conviction of a felony.

(j) Has made a falsestatement on any application for a permit or for the renewal of a permit.

4. The sheriff may deny anapplication or revoke a permit if he receives a sworn affidavit statingarticulable facts based upon personal knowledge from any natural person who is18 years of age or older that the applicant or permittee has or may havecommitted an offense or engaged in any other activity specified in subsection 3which would preclude the issuance of a permit to the applicant or require therevocation of a permit pursuant to this section.

5. If the sheriff receivesnotification submitted by a court or law enforcement agency of this or anyother state, the United States or a territory or possession of the UnitedStates that a permittee or an applicant for a permit has been charged with acrime involving the use or threatened use of force or violence, the conviction forwhich would require the revocation of a permit or preclude the issuance of apermit to the applicant pursuant to this section, the sheriff shall suspend thepersons permit or the processing of his application until the finaldisposition of the charges against him. If a permittee is acquitted of thecharges against him, or if the charges are dropped, the sheriff shall restorehis permit without imposing a fee.

6. An applicationsubmitted pursuant to this section must be completed and signed under oath bythe applicant. The applicants signature must be witnessed by an employee ofthe sheriff or notarized by a notary public. The application must include:

(a) The name, address,place and date of birth, social security number, occupation and employer of theapplicant and any other names used by the applicant;

(b) A complete set of theapplicants fingerprints taken by the sheriff or his agent;

(c) A front-view coloredphotograph of the applicant taken by the sheriff or his agent;

(d) If the applicant is aresident of this State, the drivers license number or identification cardnumber of the applicant issued by the Department of Motor Vehicles;

(e) If the applicant is nota resident of this State, the drivers license number or identification cardnumber of the applicant issued by another state or jurisdiction;

(f) The make, model andcaliber of each firearm to which the application pertains;

(g) A nonrefundable fee inthe amount necessary to obtain the report required pursuant to subsection 1 of NRS 202.366; and

(h) A nonrefundable fee setby the sheriff not to exceed $60.

(Added to NRS by 1995, 2721; A 1997, 1175; 2001, 612, 618, 2579; 2003, 8, 11)

NRS 202.366 Investigationof applicant for permit; issuance or denial of permit; expiration of permit.

1. Upon receipt by a sheriff of an application for apermit, the sheriff shall conduct an investigation of the applicant todetermine if he is eligible for a permit. In conducting the investigation, thesheriff shall forward a complete set of the applicants fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report concerning the criminal historyof the applicant. The sheriff shall issue a permit to the applicant unless heis not qualified to possess a handgun pursuant to state or federal law or isnot otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulationsadopted pursuant thereto.

2. To assist the sheriff in conducting hisinvestigation, any local law enforcement agency, including the sheriff of anycounty, may voluntarily submit to the sheriff a report or other informationconcerning the criminal history of an applicant.

3. Within 120 days after a complete application for apermit is submitted, the sheriff to whom the application is submitted shallgrant or deny the application. If the application is denied, the sheriff shallsend the applicant written notification setting forth the reasons for thedenial. If the application is granted, the sheriff shall provide the applicantwith a permit containing a colored photograph of the applicant and containingsuch other information as may be prescribed by the Department. The permit mustbe in substantially the following form:

 

NEVADACONCEALED FIREARM PERMIT

 

County............................................... PermitNumber.....................................

Expires................................................ Dateof Birth........................................

Height................................................ Weight..................................................

Name.................................................. Address................................................

City..................................................... Zip.........................................................

Photograph

Signature...........................................

Issued by...........................................

Date of Issue.....................................

Make, model and caliber of eachauthorized firearm.................................................

 

4. Unless suspended or revoked by the sheriff whoissued the permit, a permit expires:

(a) If the permittee was a resident of this State atthe time the permit was issued, on the fifth anniversary of the permitteesbirthday, measured from the birthday nearest the date of issuance or renewal.

(b) If the permittee was not a resident of this Stateat the time the permit was issued, on the third anniversary of the permitteesbirthday, measured from the birthday nearest the date of issuance or renewal.

5. If the date of birth of a permittee is on February29 in a leap year, for the purposes of NRS202.3653 to 202.369, inclusive, hisdate of birth shall be deemed to be on February 28.

(Added to NRS by 1995, 2723; A 1999, 2094; 2001, 614, 620; 2003, 13, 2846)

NRS 202.3662 Confidentialityof information about applicant for permit and permittee.

1. Except as otherwise provided in this section and NRS 202.3665:

(a) An application for a permit, and all informationcontained within that application; and

(b) All information provided to a sheriff or obtainedby a sheriff in the course of his investigation of an applicant,

areconfidential.

2. Any records regarding an applicant or permittee maybe released to a law enforcement agency for the purpose of conducting aninvestigation or prosecution.

3. Statistical abstracts of data compiled by a sheriffregarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limitedto, the number of applications received and permits issued, may be released toany person.

(Added to NRS by 1997, 1174; A 1999, 851)

NRS 202.3663 Judicialreview of denial of application for permit. Ifan application for a permit is denied by a sheriff, the applicant who submittedthe application may seek a judicial review of the denial by filing a petitionin the district court for the county in which the applicant filed his applicationfor a permit. A judicial review conducted pursuant to this section must belimited to a determination of whether the denial was arbitrary, capricious orotherwise characterized by an abuse of discretion and must be conducted inaccordance with the procedures set forth in chapter233B of NRS for reviewing a final decision of an agency.

(Added to NRS by 1995, 2724; A 2001, 615)

NRS 202.3665 Dutiesof sheriff upon receiving notification that applicant or permittee has beencharged with or convicted of crime involving use or threatened use of force orviolence.

1. If a sheriff who is processing an application for apermit receives notification pursuant to NRS202.3657 that the applicant has been:

(a) Charged with a crime involving the use orthreatened use of force or violence, the sheriff shall notify any victim of thecrime of the fact that the sheriff has, pursuant to NRS 202.3657:

(1) Suspended the processing of the applicationuntil the final disposition of the charges against the applicant; or

(2) Resumed the processing of the applicationfollowing the dropping of charges against the applicant or the acquittal of theapplicant.

(b) Convicted of a crime involving the use orthreatened use of force or violence, the sheriff shall notify any victim of thecrime of the fact that the sheriff has, pursuant to NRS 202.3657, denied the application.

2. If a sheriff who has issued a permit to a permitteereceives notification pursuant to NRS202.3657 that the permittee has been:

(a) Charged with a crime involving the use orthreatened use of force or violence, the sheriff shall notify any victim of thecrime of the fact that the sheriff has, pursuant to NRS 202.3657:

(1) Suspended the permit of the permittee untilthe final disposition of the charges against the permittee; or

(2) Restored the permit of the permitteefollowing the dropping of charges against the permittee or the acquittal of thepermittee.

(b) Convicted of a crime involving the use orthreatened use of force or violence, the sheriff shall notify any victim of thecrime of the fact that the sheriff has, pursuant to NRS 202.3657, revoked the permit of thepermittee.

3. The sheriff shall notify a victim pursuant tosubsection 1 or 2 not later than 10 days after the date on which the sheriffperforms one of the actions listed in subsection 1 or 2 concerning anapplication or a permit.

(Added to NRS by 1999, 850)

NRS 202.3667 Permitteeto carry permit and proper identification when in possession of concealedfirearm; penalty.

1. Each permittee shall carry the permit, or aduplicate issued pursuant to the provisions of NRS 202.367, together with properidentification whenever the permittee is in actual possession of a concealedfirearm. Both the permit and proper identification must be presented ifrequested by a peace officer.

2. A permittee who violates the provisions of thissection is subject to a civil penalty of $25 for each violation.

(Added to NRS by 1995, 2724)

NRS 202.367 Duplicatepermit; notification to sheriff of recovered permit; penalty.

1. A permittee shall notify the sheriff who issued hispermit in writing within 30 days if:

(a) His permanent address changes; or

(b) His permit is lost, stolen or destroyed.

2. The sheriff shall issue a duplicate permit to apermittee if he:

(a) Submits a written statement to the sheriff, signedunder oath, stating that his permit has been lost, stolen or destroyed; and

(b) Pays a nonrefundable fee of $15.

3. If any permittee subsequently finds or recovers hispermit after being issued a duplicate permit pursuant to this section, heshall, within 10 days:

(a) Notify the sheriff in writing; and

(b) Return the duplicate permit to the sheriff.

4. A permittee who fails to notify a sheriff pursuantto the provisions of this section is subject to a civil penalty of $25.

(Added to NRS by 1995, 2724)

NRS 202.3673 Permitteeauthorized to carry concealed firearm while on premises of public building;exceptions; penalty.

1. Except as otherwise provided in subsections 2 and3, a permittee may carry a concealed firearm while he is on the premises of anypublic building.

2. A permittee shall not carry a concealed firearmwhile he is on the premises of a public building that is located on theproperty of a public airport.

3. A permittee shall not carry a concealed firearmwhile he is on the premises of:

(a) A public building that is located on the propertyof a public school or the property of the Nevada System of Higher Education,unless the permittee has obtained written permission to carry a concealedfirearm while he is on the premises of the public building pursuant toparagraph (c) of subsection 3 of NRS 202.265.

(b) A public building that has a metal detector at eachpublic entrance or a sign posted at each public entrance indicating that nofirearms are allowed in the building, unless the permittee is not prohibitedfrom carrying a concealed firearm while he is on the premises of the publicbuilding pursuant to subsection 4.

4. The provisions of paragraph (b) of subsection 3 donot prohibit:

(a) A permittee who is a judge from carrying aconcealed firearm in the courthouse or courtroom in which he presides or fromauthorizing a permittee to carry a concealed firearm while in the courtroom ofthe judge and while traveling to and from the courtroom of the judge.

(b) A permittee who is a prosecuting attorney of anagency or political subdivision of the United States or of this State fromcarrying a concealed firearm while he is on the premises of a public building.

(c) A permittee who is employed in the public buildingfrom carrying a concealed firearm while he is on the premises of the publicbuilding.

(d) A permittee from carrying a concealed firearm whilehe is on the premises of the public building if the permittee has receivedwritten permission from the person in control of the public building to carry aconcealed firearm while the permittee is on the premises of the publicbuilding.

5. A person who violates subsection 2 or 3 is guiltyof a misdemeanor.

6. As used in this section, public building meansany building or office space occupied by:

(a) Any component of the Nevada System of HigherEducation and used for any purpose related to the System; or

(b) The Federal Government, the State of Nevada or anycounty, city, school district or other political subdivision of the State ofNevada and used for any public purpose.

If only partof the building is occupied by an entity described in this subsection, the termmeans only that portion of the building which is so occupied.

(Added to NRS by 1995, 2725; A 1997, 63; 1999, 2767)

NRS 202.3677 Applicationfor renewal of permit; fees; demonstrated continued competence required.

1. If a permittee wishes to renew his permit, thepermittee must complete and submit to the sheriff who issued the permit anapplication for renewal of the permit.

2. An application for the renewal of a permit must:

(a) Be completed and signed under oath by theapplicant;

(b) Contain a statement that the applicant is eligibleto receive a permit pursuant to NRS202.3657; and

(c) Be accompanied by a nonrefundable fee of $25.

If apermittee fails to renew his permit on or before the date of expiration of hispermit, the application for renewal must include an additional nonrefundablelate fee of $15.

3. No permit may be renewed pursuant to this sectionunless the permittee has demonstrated continued competence with a firearm bysuccessfully completing a course prescribed by the sheriff renewing the permit.

(Added to NRS by 1995, 2725)

NRS 202.3678 Applicationfor certification as qualified retired law enforcement officer; fee.

1. A retired law enforcement officer who is a residentof this State may apply, on a form prescribed by regulation of the Department,to the sheriff of the county in which he resides for any certification requiredpursuant to 18 U.S.C. 926C(d) to become a qualified retired law enforcementofficer. Application forms for certification must be provided by the sheriff ofeach county upon request.

2. The sheriff shall provide the certificationpursuant to subsection 1 to a retired law enforcement officer who submits a completedapplication and pays any fee required pursuant to subsection 3 if the sheriffdetermines that the officer meets the standards for training andqualifications.

3. The sheriff may impose a nonrefundable fee in theamount necessary to pay the expenses in providing the certification.

4. As used in this section, qualified retired lawenforcement officer has the meaning ascribed to it in 18 U.S.C. 926C.

(Added to NRS by 2005, 593)

NRS 202.368 Feesto be deposited with county treasurer. Allfees collected pursuant to the provisions of NRS202.3653 to 202.369, inclusive, mustbe deposited with the county treasurer of the county in which the fees arecollected and:

1. If the county has a metropolitan police departmentcreated pursuant to chapter 280 of NRS,credited to the general fund of that metropolitan police department; or

2. If the county does not have a metropolitan policedepartment created pursuant to chapter 280 ofNRS, credited to the general fund of that county.

(Added to NRS by 1995, 2725; A 2005, 596)

NRS 202.3683 Immunityof state and local governments from civil liability. TheState or any political subdivision of the State, the Department, a sheriff, lawenforcement agency, firearm safety or training instructor or any other personwho, in good faith and without gross negligence, acts pursuant to theprovisions of NRS 202.3653 to 202.369, inclusive, is immune from civilliability for those acts. Such acts include, but are not limited to, thereceipt, review or investigation of an application for a permit, thecertification of a retired law enforcement officer, or the issuance, denial,suspension, revocation or renewal of a permit.

(Added to NRS by 1995, 2725; A 2005, 596)

NRS 202.3687 Temporarypermits.

1. The provisions of NRS 202.3653 to 202.369, inclusive, do not prohibit asheriff from issuing a temporary permit to carry a concealed firearm. Atemporary permit may include, but is not limited to, provisions specifying theperiod for which the permit is valid.

2. Each sheriff who issues a permit pursuant to theprovisions of NRS 202.3653 to 202.369, inclusive, shall provide suchinformation concerning the permit and the person to whom it is issued to theCentral Repository for Nevada Records of Criminal History.

(Added to NRS by 1995, 2726; A 1999, 2095)

NRS 202.369 Regulations. The Department may adopt such regulations as are necessaryto carry out the provisions of NRS 202.3653to 202.369, inclusive.

(Added to NRS by 1995, 2726; A 2005, 596)

TEAR GAS BOMBS AND WEAPONS

NRS 202.370 Definitions. As used in NRS 202.370to 202.440, inclusive:

1. Shell, cartridge or bomb includes all shells,cartridges or bombs capable of being discharged or exploded, when such dischargeor explosions will cause or permit the release or emission of tear gas.

2. Tear gas includes all liquid, gaseous or solidsubstances intended to produce temporary physical discomfort or permanentinjury through being vaporized or otherwise dispersed in the air. The term doesnot include a liquid, gaseous or solid substance whose active ingredient iscomposed of natural substances or products derived from natural substanceswhich cause no permanent injury through being vaporized or otherwise dispersedin the air.

3. Weapon designed for the use of such shell,cartridge or bomb includes all revolvers, pistols, fountain pen guns, billies,riot guns or other form of device, portable or fixed, intended for theprojection or release of tear gas except those regularly manufactured and soldfor use with firearm ammunition.

[2:273:1955](NRS A 1977, 887; 1981, 2051)

NRS 202.375 Applicabilityof NRS202.370 to 202.440, inclusive, to small weaponscontaining CS tear gas and to certain law enforcement, correctional andmilitary personnel.

1. The provisions of NRS202.370 to 202.440, inclusive, donot apply to the sale or purchase by any adult, or the possession or use by anyperson, including a minor but not including a convicted person as defined in NRS 179C.010, of any form of:

(a) Cartridge which contains not more than 2 fluidounces in volume of CS tear gas that may be propelled by air or another gas,but not an explosive, in the form of an aerosol spray; or

(b) Weapon designed for the use of such a cartridgewhich does not exceed that size,

and which isdesigned and intended for use as an instrument of self-defense.

2. A seller, before delivering to a purchaser a cartridgeor weapon which may be sold pursuant to subsection 1, must record and maintainfor not less than 2 years the name and address of the purchaser and the brandname, model number or type, and serial number if there is one, of the weapon orcartridge, or both.

3. The provisions of NRS202.370 to 202.440, inclusive, donot prohibit police departments or regular salaried peace officers thereof,sheriffs and their regular salaried deputies, the Director, deputy director andsuperintendents of, and guards employed by, the Department of Corrections,personnel of the Nevada Highway Patrol or the military or naval forces of thisstate or of the United States from purchasing, possessing or transporting anyshells, cartridges, bombs or weapons for official use in the discharge of theirduties.

4. As used in this section, CS tear gas means acrystalline powder containing ortho-chlorobenzalmalononitrile.

(Added to NRS by 1981, 2050; A 2001 Special Session,232)

NRS 202.380 Saleor possession of tear gas bombs or weapons which are not permitted under NRS 202.370to 202.440,inclusive; penalties.

1. A person, other than a convicted person, who withinthis state knowingly sells or offers for sale, possesses or transports any formof shell, cartridge or bomb containing or capable of emitting tear gas, or anyweapon designed for the use of such shell, cartridge or bomb, except aspermitted under the provisions of NRS202.370 to 202.440, inclusive, isguilty of a gross misdemeanor.

2. A convicted person who owns or has in hispossession or under his custody or control any form of shell, cartridge or bombcontaining or capable of emitting tear gas, or any weapon designed for the useof such a shell, cartridge or bomb, is guilty of a category B felony and shallbe punished by imprisonment in the state prison for a minimum term of not lessthan 1 year and a maximum term of not more than 6 years, or by a fine of notmore than $5,000, or by both fine and imprisonment.

3. As used in this section, the term convictedperson has the meaning ascribed to it in NRS179C.010.

[1:273:1955](NRS A 1967, 487; 1975, 116; 1977, 867;1981, 2051; 1995, 1209)

NRS 202.390 Weaponto bear name of manufacturer and serial number; penalty for removal.

1. Each tear gas weapon sold, transported or possessedunder the authority of NRS 202.370 to 202.440, inclusive, shall bear the name ofthe manufacturer and a serial number applied by him.

2. No person shall change, alter, remove or obliteratethe name of the manufacturer, the serial number or any other mark ofidentification on any tear gas weapon. Possession of any such weapon upon whichthe same shall have been changed, altered, removed or obliterated, shall bepresumptive evidence that such possessor has changed, altered, removed orobliterated the same.

3. Any person who violates any of the provisions ofthis section is guilty of a gross misdemeanor.

[3:273:1955] + [4:273:1955](NRS A 1967, 488)

NRS 202.400 Permitfor possession, transportation and use in protective system to be issued bysheriff.

1. The sheriff of any county may issue a permit forthe possession and transportation of such shells, cartridges, bombs or weaponsto any applicant who submits proof that good cause exists for issuance of thepermit.

2. The permit may also allow the applicant to install,maintain and operate a protective system involving the use of such shells,cartridges, bombs or weapons in any place which is accurately and completelydescribed in the application for the permit.

[5:273:1955](NRS A 1973, 338; 1975, 116)

NRS 202.410 Applicationsfor permits: Contents.

1. All applications for such permits shall:

(a) Be filed in writing;

(b) Be signed by the applicant if an individual, or bya member or officer qualified to sign if the applicant is a firm orcorporation; and

(c) State the name, business in which engaged, businessaddress, a full description of the place or vehicle in which such shells,cartridges, bombs or weapons are to be transported, kept, installed ormaintained.

2. If such shells, cartridges, bombs or weapons are tobe used in connection with or to constitute a protective system, theapplication shall also contain the name of the person who is to install suchprotective system.

[6:273:1955]

NRS 202.420 Inspectionof permits. Every person, firm or corporationto whom a permit is issued shall either carry the same upon his person or keepthe same in the place described in the permit. The permit shall be open toinspection by any peace officer or other person designated by the authorityissuing the permit.

[7:273:1955](NRS A 1975, 116)

NRS 202.430 Revocationof permits. Permits issued in accordance with NRS 202.370 to 202.440, inclusive, may be revoked by theissuing authority at any time when it shall appear that the need for thepossession or transportation of such shells, cartridges, bombs, weapons, orprotective system involving the use of the same, has ceased, or that the holderof the permit has engaged in an unlawful business or occupation or haswrongfully made use of such shells, cartridges, bombs or weapons or the permitissued.

[8:273:1955]

NRS 202.440 Licensefor retail sale of bombs or weapons; conditions. Thesheriff of any county may also grant licenses in a form to be prescribed byhim, effective for not more than 1 year from the date of issuance, to permitthe sale at retail, at the place specified in the license, of such shells,cartridges, bombs or weapons, and to permit the installation and maintenance ofprotective systems involving the use of such shells, cartridges, bombs orweapons, subject to the following conditions, upon breach of any of which thelicense shall be subject to forfeiture:

1. Such business shall be carried on only in thebuilding designated in the license.

2. Such license or certified copy thereof must bedisplayed on the premises in a place where it may easily be read.

3. No such shell, cartridge, bomb or weapon shall bedelivered to any person not authorized to possess or transport the same underthe provisions of NRS 202.370 to 202.440, inclusive. No protective systeminvolving the use of such shells, cartridges, bombs or weapons shall beinstalled, nor shall supplies be sold for the maintenance of such system,unless the licensee has personal knowledge of the existence of a valid permitfor the operation and maintenance of such system.

4. A complete record must be kept of sales made underthe authority of the license, showing the name and address of the purchaser,the quantity and description of the articles purchased, together with theserial number, if any, the number and date of issue of the purchasers permit,and the signature of the purchaser or purchasing agent. No sale shall be madeunless the permit authorizing possession and transportation of shells,cartridges, bombs or weapons is displayed to the seller and the informationherein required is copied therefrom. This record shall be open to theinspection of any peace officer or other person designated by the sheriff.

[9:273:1955](NRS A 1973, 338; 1975, 116)

ACTS OF TERRORISM; WEAPONS OF MASS DESTRUCTION; LETHALAGENTS; TOXINS

NRS 202.441 Definitions. As used in NRS 202.441to 202.448, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 202.4415 to 202.4445, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1999, 3; A 2003, 2949)

NRS 202.4415 Actof terrorism defined.

1. Act of terrorism means any act that involves theuse or attempted use of sabotage, coercion or violence which is intended to:

(a) Cause great bodily harm or death to the generalpopulation; or

(b) Cause substantial destruction, contamination orimpairment of:

(1) Any building or infrastructure,communications, transportation, utilities or services; or

(2) Any natural resource or the environment.

2. As used in this section, coercion does notinclude an act of civil disobedience.

(Added to NRS by 2003, 2947)

NRS 202.442 Biologicalagent defined. Biological agent means anymicroorganism, virus, infectious substance or other biological substance,material or product, or any component or compound thereof, which is naturallyoccurring, cultivated, engineered, processed, extracted or manufactured andwhich is capable of causing:

1. Death or substantial bodily harm;

2. Substantial deterioration or contamination of food,water, equipment, supplies or material of any kind; or

3. Substantial damage to natural resources or theenvironment.

(Added to NRS by 1999, 3; A 2003, 2949)

NRS 202.4425 Chemicalagent defined. Chemical agent means anychemical substance, material or product, or any component or compound thereof,which is naturally occurring, cultivated, engineered, processed, extracted ormanufactured and which is capable of causing:

1. Death or substantial bodily harm;

2. Substantial deterioration or contamination of food,water, equipment, supplies or material of any kind; or

3. Substantial damage to natural resources or theenvironment.

(Added to NRS by 2003, 2947)

NRS 202.443 Deliverysystem defined. Delivery system means anyapparatus, equipment, implement, device or means of delivery which isspecifically designed to send, disperse, release, discharge or disseminate anyweapon of mass destruction, any biological agent, chemical agent, radioactiveagent or other lethal agent or any toxin.

(Added to NRS by 1999, 3; A 2003, 2949)

NRS 202.4431 Foruse as a weapon defined.

1. For use as a weapon means having the capabilityto be used in a harmful or threatening manner.

2. The term does not include any act that is donelawfully for a prophylactic, protective or peaceful purpose.

(Added to NRS by 2003, 2947)

NRS 202.4433 Materialsupport defined. Material support means anyfinancial, logistical, informational or other support or assistance intended tofurther an act of terrorism.

(Added to NRS by 2003, 2947)

NRS 202.4435 Oral,written or electronic communication defined. Oral,written or electronic communication includes, without limitation, any of thefollowing:

1. A letter, note or any other type of writtencorrespondence.

2. An item of mail or a package delivered by anyperson or postal or delivery service.

3. A telegraph or wire service, or any other similarmeans of communication.

4. A telephone, cellular phone, satellite phone, pageror facsimile machine, or any other similar means of communication.

5. A radio, television, cable, closed circuit, wire,wireless, satellite or other audio or video broadcast or transmission, or anyother similar means of communication.

6. An audio or video recording or reproduction, or anyother similar means of communication.

7. An item of electronic mail, a computer, computernetwork or computer system, or any other similar means of communication.

(Added to NRS by 2003, 2947)

NRS 202.4437 Radioactiveagent defined. Radioactive agent means anyradioactive substance, material or product, or any component or compoundthereof, which is naturally occurring, cultivated, engineered, processed,extracted or manufactured and which is capable of causing:

1. Death or substantial bodily harm;

2. Substantial deterioration or contamination of food,water, equipment, supplies or material of any kind; or

3. Substantial damage to natural resources or theenvironment.

(Added to NRS by 2003, 2948)

NRS 202.4439 Terroristdefined. Terrorist means a person who intentionallycommits, causes, aids, furthers or conceals an act of terrorism or attempts tocommit, cause, aid, further or conceal an act of terrorism.

(Added to NRS by 2003, 2948)

NRS 202.444 Toxindefined. Toxin means any toxic substance,material or product, or any component or compound thereof, which is naturallyoccurring, cultivated, engineered, processed, extracted or manufactured andwhich is capable of causing:

1. Death or substantial bodily harm;

2. Substantial deterioration or contamination of food,water, equipment, supplies or material of any kind; or

3. Substantial damage to natural resources or theenvironment.

(Added to NRS by 1999, 3; A 2003, 2949)

NRS 202.4445 Weaponof mass destruction defined. Weapon of massdestruction means any weapon or device that is designed or intended to createa great risk of death or substantial bodily harm to a large number of persons.

(Added to NRS by 2003, 2948)

NRS 202.445 Actsof terrorism or attempted acts of terrorism prohibited; penalties.

1. A person shall not knowingly or intentionallycommit or cause an act of terrorism or attempt to commit or cause an act ofterrorism.

2. A person shall not knowingly or intentionally:

(a) Aid, further or conceal or attempt to aid, furtheror conceal an act of terrorism;

(b) Assist, solicit or conspire with another person tocommit, cause, aid, further or conceal an act of terrorism; or

(c) Provide material support with the intent that suchmaterial support be used, in whole or in part, to:

(1) Commit, cause, aid, further or conceal anact of terrorism; or

(2) Aid a terrorist or conceal a terrorist fromdetection or capture.

3. A person who violates subsection 1 is guilty of acategory A felony and:

(a) Shall be punished by imprisonment:

(1) For life without the possibility of parole;

(2) For life with the possibility of parole,with eligibility for parole beginning when a minimum of 20 years has beenserved; or

(3) For a definite term of 50 years, witheligibility for parole beginning when a minimum of 20 years has been served;and

(b) Shall further be punished by a fine of at least$50,000 but not more than $100,000.

4. A person who violates subsection 2 is guilty of acategory A felony and:

(a) Shall be punished by imprisonment:

(1) For life with the possibility of parole,with eligibility for parole beginning when a minimum of 10 years has beenserved; or

(2) For a definite term of 25 years, witheligibility for parole beginning when a minimum of 10 years has been served;and

(b) Shall be further punished by a fine of at least$25,000 but not more than $50,000.

5. In addition to any other penalty, the court shallorder a person who violates the provisions of this section to pay restitution:

(a) To each victim for any injuries that are a resultof the violation; and

(b) To the State of Nevada or a local government forany costs that arise from the violation.

(Added to NRS by 2003, 2948)

NRS 202.446 Certainacts related to weapons of mass destruction, lethal agents, toxins and deliverysystems prohibited; penalties.

1. A person shall not knowingly:

(a) Develop, manufacture, produce, assemble, stockpile,transfer, transport, acquire, retain, store, test or possess any weapon of massdestruction, any biological agent, chemical agent, radioactive agent or otherlethal agent, any toxin or any delivery system for use as a weapon; or

(b) Send, deliver, disperse, release, discharge,disseminate or use any weapon of mass destruction, any biological agent,chemical agent, radioactive agent or other lethal agent, any toxin or anydelivery system:

(1) With the intent to cause harm, whether ornot such harm actually occurs; or

(2) Under circumstances reasonably likely tocause harm, whether or not such harm actually occurs.

2. A person shall not knowingly:

(a) Attempt to do any act described in subsection 1; or

(b) Assist, solicit or conspire with another person todo any act described in subsection 1.

3. A person who violates any provision of subsection 1is guilty of a category A felony and shall be punished:

(a) If the crime does not result in substantial bodilyharm or death:

(1) By imprisonment in the state prison for lifewith the possibility of parole, with eligibility for parole beginning when aminimum of 10 years has been served, and shall further be punished by a fine ofnot more than $20,000; or

(2) By imprisonment in the state prison for adefinite term of 25 years, with eligibility for parole beginning when a minimumof 10 years has been served, and shall further be punished by a fine of notmore than $20,000.

(b) If the crime results in substantial bodily harm ordeath:

(1) By imprisonment in the state prison for lifewithout the possibility of parole, and shall further be punished by a fine ofnot more than $50,000;

(2) By imprisonment in the state prison forlife, with the possibility of parole, with eligibility for parole beginningwhen a minimum of 20 years has been served, and shall further be punished by afine of not more than $50,000; or

(3) By imprisonment in the state prison for adefinite term of 40 years, with eligibility for parole beginning when a minimumof 20 years has been served, and shall further be punished by a fine of notmore than $50,000.

4. A person who violates any provision of subsection 2is guilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 2 years and a maximum term ofnot more than 15 years, and shall further be punished by a fine of not morethan $10,000.

5. In addition to any other penalty, the court shallorder a person who violates the provisions of this section to pay restitution:

(a) To each victim for any injuries that are a resultof the violation; and

(b) To the State of Nevada or a local government forany costs that arise from the violation.

6. The provisions of this section do not apply to anyact that is committed in a lawful manner and in the course of a lawfulbusiness, event or activity.

(Added to NRS by 1999, 3; A 2003, 2949)

NRS 202.448 Makingthreats or conveying false information concerning acts of terrorism, weapons ofmass destruction, lethal agents or toxins prohibited; penalty.

1. A person shall not, through the use of any means oforal, written or electronic communication, knowingly make any threat or conveyany false information concerning an act of terrorism or the presence,development, manufacture, production, assemblage, transfer, transportation,acquisition, retention, storage, testing, possession, delivery, dispersion,release, discharge or use of any weapon of mass destruction, any biologicalagent, chemical agent, radioactive agent or other lethal agent or any toxinwith the intent to:

(a) Injure, intimidate or alarm any person, whether ornot any person is actually injured, intimidated or alarmed thereby;

(b) Cause panic or civil unrest, whether or not suchpanic or civil unrest actually occurs;

(c) Extort or profit thereby, whether or not theextortion is actually successful or any profit actually occurs; or

(d) Interfere with the operations of or cause economicor other damage to any person or any officer, agency, board, bureau,commission, department, division or other unit of federal, state or localgovernment, whether or not such interference or damage actually occurs.

2. A person who violates any provision of subsection 1is guilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot more than 6 years, and may be further punished by a fine of not more than$5,000.

3. The provisions of this section do not apply to anyact that is committed in a lawful manner and in the course of a lawfulbusiness, event or activity.

(Added to NRS by 1999, 4; A 2003, 2950)

PUBLIC NUISANCES

NRS 202.450 Definition.

1. A public nuisance is a crime against theorder and economy of the State.

2. Every place:

(a) Wherein any gambling, bookmaking or pool selling isconducted without a license as provided by law, or wherein any swindling gameor device, or bucket shop, or any agency therefor is conducted, or any article,apparatus or device useful therefor is kept;

(b) Wherein any fighting between animals or birds isconducted;

(c) Wherein any dog races are conducted as a gamingactivity;

(d) Wherein any intoxicating liquors are kept forunlawful use, sale or distribution;

(e) Wherein a controlled substance, immediate precursoras defined in NRS 453.086 or controlledsubstance analog as defined in NRS 453.043is unlawfully sold, served, stored, kept, manufactured, used or given away; or

(f) Where vagrants resort,

is a publicnuisance.

3. Every act unlawfully done and every omission toperform a duty, which act or omission:

(a) Annoys, injures or endangers the safety, health,comfort or repose of any considerable number of persons;

(b) Offends public decency;

(c) Unlawfully interferes with, befouls, obstructs ortends to obstruct, or renders dangerous for passage, a lake, navigable river,bay, stream, canal, ditch, millrace or basin, or a public park, square, street,alley, bridge, causeway or highway; or

(d) In any way renders a considerable number of personsinsecure in life or the use of property,

is a publicnuisance.

4. Agricultural activity conducted on farmlandconsistent with good agricultural practice and established before surroundingnonagricultural activities is not a public nuisance unless it has a substantialadverse effect on the public health or safety. It is presumed that anagricultural activity which does not violate a federal, state or local law,ordinance or regulation constitutes good agricultural practice.

5. A shooting range is not a public nuisance withrespect to any noise attributable to the shooting range if the shooting rangeis in compliance with the provisions of all applicable statutes, ordinances andregulations concerning noise:

(a) As those provisions existed on October 1, 1997, fora shooting range that begins operation on or before October 1, 1997; or

(b) As those provisions exist on the date that theshooting range begins operation, for a shooting range in operation afterOctober 1, 1997.

A shootingrange is not subject to any state or local law related to the control of noisethat is adopted or amended after the date set forth in paragraph (a) or (b), asapplicable, and does not constitute a nuisance for failure to comply with anysuch law.

6. As used in this section, shooting range has themeaning ascribed to it in NRS 40.140.

[1911 C&P 296; A 1941, 64; 1949, 143; 1943 NCL 10244](NRS A 1973, 463; 1977, 1039; 1985, 874; 1997, 951, 1472, 1473, 3129; 1999, 641)

NRS 202.460 Unequaldamage. An act which affects a considerablenumber of persons in any of the ways specified in NRS 202.450 is not less a public nuisancebecause the extent of the damage is unequal.

[1911 C&P 297; RL 6562; NCL 10245]

NRS 202.470 Maintainingor permitting nuisance: Penalty. Every personwho:

1. Shall commit or maintain a public nuisance, forwhich no special punishment is prescribed; or

2. Shall willfully omit or refuse to perform any legalduty relating to the removal of such nuisance; or

3. Shall let, or permit to be used, any building orboat, or portion thereof, knowing that it is intended to be, or is being used,for committing or maintaining any such nuisance,

shall beguilty of a misdemeanor.

[1911 C&P 298; RL 6563; NCL 10246]

NRS 202.480 Abatementof nuisance. Any court or magistrate beforewhom there may be pending any proceeding for a violation of NRS 202.470 shall, in addition to any fineor other punishment which it may impose for such violation, order such nuisanceabated, and all property unlawfully used in the maintenance thereof destroyedby the sheriff at the cost of the defendant.

[1911 C&P 299; RL 6564; NCL 10247]

MISCELLANEOUS CRIMES CONCERNING PUBLIC SAFETY

NRS 202.500 Dangerousor vicious dogs: Unlawful acts; penalties.

1. As used in this section, a dog is:

(a) Dangerous if:

(1) It is so declared pursuant to subsection 2;or

(2) Without provocation, on two separateoccasions within 18 months, it behaves menacingly, to a degree that would leada reasonable person to defend himself against substantial bodily harm, when thedog is:

(I) Off the premises of its owner orkeeper; or

(II) Not confined in a cage, pen orvehicle.

(b) Provoked when it is tormented or subjected topain.

(c) Vicious if:

(1) Without being provoked, it kills or inflictssubstantial bodily harm upon a human being; or

(2) After its owner or keeper has been notifiedby a law enforcement agency that it is dangerous, it continues the behaviordescribed in paragraph (a).

2. A dog may be declared dangerous by a lawenforcement agency if it is used in the commission of a crime by its owner orkeeper.

3. A dog may not be found dangerous or vicious becauseof a defensive act against a person who was committing or attempting to commita crime or who provoked the dog.

4. A person who knowingly:

(a) Owns or keeps a vicious dog, for more than 7 daysafter he has actual notice that the dog is vicious; or

(b) Transfers ownership of a vicious dog after he hasactual notice that the dog is vicious,

is guilty ofa misdemeanor.

5. If substantial bodily harm results from an attackby a dog known to be vicious, its owner or keeper is guilty of a category Dfelony and shall be punished as provided in NRS193.130. In lieu of, or in addition to, a penalty provided in this subsection,the judge may order the vicious dog to be humanely destroyed.

6. This section does not apply to a dog used by a lawenforcement officer in the performance of his duty.

[1911 C&P 176; RL 6441; NCL 10123](NRS A1967, 488; 1993, 2887; 1995, 1209)

NRS 202.510 Doorsof public buildings to swing outward.

1. The doors of all theaters, opera houses, schoolbuildings, churches, public halls, or places used for public entertainments,exhibitions or meetings, which are used exclusively or in part for admission toor egress from the same, or any part thereof, shall be so hung and arranged asto open outwardly, and during any exhibition, entertainment or meeting shall bekept unlocked and unfastened, and in such condition that in case of danger ornecessity, immediate escape from such building shall not be prevented ordelayed.

2. Every agent or lessee of any such building whoshall rent the same or allow it to be used for any of the public purposesmentioned in subsection 1 without having the doors thereof hung and arranged asprovided in this section shall, for each violation of any provision of thissection, be guilty of a misdemeanor.

[1911 C&P 316; RL 6581; NCL 10264]

NRS 202.530 Recklessriding or driving of horse on public street or highway; exceptions.

1. Except as otherwise provided in subsection 2, aperson is guilty of a misdemeanor who:

(a) Rides or drives a horse upon a public street orhighway in a manner likely to endanger the safety or life of another person onthe public street or highway.

(b) While riding or driving a horse upon a publicstreet or highway, creates or participates in any noise, disturbance or otherdemonstration calculated or intended to frighten, intimidate or disturb anyperson.

2. The provisions of this section do not apply to apeace officer who rides or drives a horse while performing his duties as apeace officer if he:

(a) Is responding to an emergency call or is in pursuitof a suspected violator of the law; or

(b) Determines that noncompliance with any suchprovision is necessary to carry out his duties.

[1911 C&P 324; RL 6589; NCL 10272](NRS A 2001, 996)

NRS 202.540 Dangerousexhibitions. Every proprietor, lessee oroccupant of any place of amusement, plat of ground or building, who shall allowit to be used for an exhibition of skill in throwing any sharp instrument or inshooting any bow gun, pistol or firearm of any description, at or toward anyhuman being, shall be guilty of a misdemeanor.

[1911 C&P 325; RL 6590; NCL 10273]

NRS 202.550 Placingof lethal bait on public domain.

1. It is unlawful for any person to place any lethalbait on the public domain:

(a) Within 3 miles of any place of habitation, whetheroccupied or vacant; or

(b) At any other place unless it is marked by a steelor wooden post extending not less than 4 feet above the ground, having the uppermost8 inches painted red and bearing a suitable sign advising of the presence oflethal bait. The post must be installed in the immediate vicinity of the bait,and the post and sign must be maintained at all times during which the lethalbait is exposed; or

(c) At any place by distribution from an airplaneexcept upon written permit first obtained from the committee to controlpredatory animals.

2. Any person violating any provision of subsection 1is guilty of a misdemeanor.

3. Every person other than the person who placed thebait, post or sign, who willfully removes any lethal bait, or post or signadvising of the presence of any lethal bait, is guilty of a misdemeanor.

[1911 C&P 326.1; added 1953, 524] + [1911C&P 326.2; added 1953, 524](NRS A 1985, 748)

NRS 202.560 Removalof doors from discarded refrigerators, iceboxes and deep-freeze lockers.

1. Any person who discards or abandons in any placeaccessible to children, or who has in his possession, any refrigerator, iceboxor deep-freeze locker, having a capacity of 1 1/2 cubic feet or more which isno longer in use and which has not had the door removed, shall be punished by afine of not more than $500.

2. Any owner, lessee or manager who knowingly permitssuch abandoned or discarded refrigerator, icebox or deep-freeze locker toremain on premises under his control without having the door removed shall bepunished by a fine of not more than $500.

3. Guilt of a violation of this section shall not initself render one guilty of manslaughter, battery or other crime against aperson who may suffer death or injury from entrapment in such refrigerator,icebox, or deep-freeze locker.

4. The provisions of this section shall not apply toany vendor or seller of refrigerators, iceboxes or deep-freeze lockers whokeeps or stores them for sale purposes, if the vendor or seller takesreasonable precautions to secure effectively the door of any such refrigerator,icebox or deep-freeze locker so as to prevent entrance by children small enoughto fit therein.

[1911 C&P 326.5; added 1953, 206](NRS A 1967,488)

NRS 202.575 Leavingchild unattended in motor vehicle; penalty; exception.

1. A parent, legal guardian or other personresponsible for a child who is 7 years of age or younger shall not knowinglyand intentionally leave that child in a motor vehicle if:

(a) The conditions present a significant risk to thehealth and safety of the child; or

(b) The engine of the motor vehicle is running or thekeys to the vehicle are in the ignition,

unless thechild is being supervised by and within the sight of a person who is at least12 years of age.

2. A person who violates the provisions of subsection1 is guilty of a misdemeanor. The court may suspend the proceedings against aperson who is charged with violating subsection 1 and dismiss the proceedingsagainst the person if the person presents proof to the court, within the timespecified by the court, that he has successfully completed an educationalprogram satisfactory to the court. The educational program must include,without limitation, information concerning the dangers of leaving a childunattended or inadequately attended in a motor vehicle.

3. A law enforcement officer or other person renderingemergency services who reasonably believes that a violation of this section hasoccurred may, without incurring civil liability, use any reasonable meansnecessary to protect the child and to remove the child from the motor vehicle.

4. No person may be prosecuted under this section ifthe conduct would give rise to prosecution under any other provision of law.

5. The provisions of this section do not apply to aperson who unintentionally locks a motor vehicle with a child in the vehicle.

6. As used in this section, motor vehicle means everyvehicle which is self-propelled but not operated upon rails.

(Added to NRS by 2005, 973)

NRS 202.580 Removal,damage or destruction of signal or apparatus for police or fire alarm;impairing effectiveness of or installing inoperable system for fire protection.

1. Every person who willfully and maliciously removes,damages or destroys any rope, wire, bell, signal, instrument or apparatus forthe communication of alarms of fire or police calls is guilty of an offenseproportionate to the value of the property removed, damaged or destroyed, butin no event less than a misdemeanor.

2. Every contractor who willfully or maliciouslyinstalls or causes to be installed in any structure a fire protection systemknowing it to be inoperable, or who impairs the effectiveness of a fireprotection system in any structure to an extent that a person in the structurewould be endangered in the event of a fire, shall be punished by the permanentrevocation of every license issued to him by this state or any politicalsubdivision authorizing him to install fire protection systems, and for a grossmisdemeanor.

3. The conviction of a person for a violation of theprovisions of subsection 2 does not preclude the prosecution of that person fordeceptive trade practices, fraud or similar crimes.

4. As used in this section:

(a) Automatic fire extinguishing system means asystem approved by the State Fire Marshal that is installed in a structure anddesigned to extinguish a specific type of fire. This type of system includesdry chemical, carbon dioxide, halogenated agent, steam, high-expansion foam,foam extinguishing and liquid agent systems.

(b) Automatic fire sprinkler system means a system ofunderground or overhead pipes, or both, to which sprinklers are attached thatis installed in a structure and designed to discharge water automatically whenactivated by heat from a fire and to sound an alarm when the system is inoperation.

(c) Contractor means any person, including asubcontractor, employee or agent of the contractor, who, for another person andfor compensation or with the intention or expectation of receivingcompensation, undertakes to install or cause to be installed, by himself or byor through others, in any structure, a fire protection system.

(d) Fire alarm system means a system composed of acontrol unit and a combination of electrical devices that is designed to soundan alarm in the event of a fire and that may be activated manually,automatically or in both ways.

(e) Fire protection system includes an automatic firesprinkler system, an automatic fire extinguishing system, a fire alarm systemand a standpipe system.

(f) Standpipe system means a system of pipes, valves,connectors and related equipment that is attached to a water supply anddesigned so that water can be discharged through a hose attached to a connectorfor the purpose of extinguishing a fire.

(g) Structure includes a building, bridge, tunnel andpower plant.

[1911 C&P 487; RL 6752; NCL 10434](NRS A1967, 489; 1989, 1044)

NRS 202.595 Performanceof act or neglect of duty in willful or wanton disregard of safety of personsor property; penalty. Unless a greater penaltyis otherwise provided by statute and except under the circumstances describedin NRS 484.377, a person who performsany act or neglects any duty imposed by law in willful or wanton disregard ofthe safety of persons or property shall be punished:

1. If the act or neglect does not result in thesubstantial bodily harm or death of a person, for a gross misdemeanor.

2. If the act or neglect results in the substantialbodily harm or death of a person, for a category C felony as provided in NRS 193.130.

(Added to NRS by 1995, 466; A 1995, 1332)

EXPLOSIVES; BOMB THREATS

NRS 202.750 Explosivedefined. As used in NRS 202.750 to 202.840, inclusive, the term explosivemeans gunpowders, powders used for blasting, all forms of high explosives,blasting materials, fuses (other than electric circuit breakers), detonatorsand other detonating agents, smokeless powders, other explosive or incendiarydevices and any chemical compounds, mechanical mixtures or device that containsany oxidizing and combustible units, or other ingredients, in such proportions,quantities or packing that ignition by fire, by friction, by concussion, by percussion,or by detonation of the compound, mixture or device or any part thereof maycause an explosion.

(Added to NRS by 1971, 1280)

NRS 202.760 Shipmentor receipt of explosives by certain persons unlawful. Itis unlawful for any person:

1. Who is under indictment for, or has been convictedin any court of, a crime relating to the practice of shipping or transportingexplosives that is punishable by imprisonment for a term exceeding 1 year;

2. Who is a fugitive from justice;

3. Who is an unlawful user of or addicted to anydepressant or stimulant drug or any controlled substance; or

4. Who has been judicially declared mentally ill orwho has been committed to a hospital as mentally ill,

to ship ortransport any explosive within the State or to receive any explosive which hasbeen shipped or transported within the State.

(Added to NRS by 1971, 1280; A 1973, 26; 1987, 1548; 2003, 2691)

NRS 202.770 Seizureand forfeiture of explosives. Any explosiveinvolved or used or intended to be used in any violation of NRS 202.750 to 202.840, inclusive, or any other law orordinance shall be subject to seizure or forfeiture of those materials.

(Added to NRS by 1971, 1281)

NRS 202.780 Transportationor receipt of explosives for unlawful purpose; penalties. A person who transports or receives, or attempts totransport or receive within the State, any explosive with the knowledge orintent that it will be used to kill, injure or intimidate a person orunlawfully to damage or destroy any building, vehicle or real property isguilty of a category B felony and shall be punished:

1. If no substantial bodily harm results, byimprisonment in the state prison for a minimum term of not less than 2 yearsand a maximum term of not more than 10 years, or by a fine of not less than$2,000 nor more than $10,000, or by both fine and imprisonment.

2. If substantial bodily harm results, by imprisonmentin the state prison for a minimum term of not less than 2 years and a maximumterm of not more than 20 years, or by a fine of not less than $2,000 nor morethan $20,000, or by both fine and imprisonment.

(Added to NRS by 1971, 1281; A 1973, 1806; 1995,1210)

NRS 202.790 Authorizedtransportation or receipt of explosives for lawful purpose not prohibited. Nothing in NRS 202.760to 202.790, inclusive, shall be construedto prevent any person from transporting or receiving any explosive pursuant toany authority granted by the Federal Government or this state or for any lawfulpurpose.

(Added to NRS by 1971, 1281)

NRS 202.810 Unlawfulpossession of explosives in state buildings; penalties. Any person who possesses an explosive in any building inwhole or in part owned, possessed or used by or leased to the State of Nevada,or any department or agency thereof, except with the written consent of theagency, department or other person responsible for the management of suchbuilding, shall be imprisoned for no more than 1 year, or fined no more than$1,000, or both. In no instance shall imprisonment be less than 6 months, orthe fine less than $500.

(Added to NRS by 1971, 1281)

NRS 202.820 Useor possession of explosives during commission of felony; penalties.

1. A person who:

(a) Uses an explosive to commit any felony; or

(b) Carries an explosive unlawfully during thecommission of any felony,

is guilty ofa separate felony unless the use of an explosive is a necessary element of theother crime.

2. A person who commits the offense described insubsection 1 is guilty of a category B felony and shall be punished:

(a) For the first offense, by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore than 10 years, and may be further punished by a fine of not more than$10,000.

(b) For the second or any subsequent offense, byimprisonment in the state prison for a minimum term of not less than 2 yearsand a maximum term of not more than 20 years.

(Added to NRS by 1971, 1281; A 1979, 1436; 1995,1210)

NRS 202.830 Useof explosives to damage or destroy property prohibited; penalties. A person who maliciously damages or destroys, or attemptsto damage or destroy, by means of an explosive, any building, vehicle or realproperty in the State:

1. If no substantial bodily harm results, is guilty ofa category B felony and shall be punished by imprisonment in the state prisonfor a minimum term of not less than 2 years and a maximum term of not more than10 years, or by a fine of not less than $2,000 nor more than $10,000, or byboth fine and imprisonment.

2. If substantial bodily harm results, is guilty of acategory B felony and shall be punished by imprisonment in the state prison fora minimum term of not less than 2 years and a maximum term of not more than 20years, or by a fine of not less than $2,000 nor more than $20,000, or by bothfine and imprisonment.

(Added to NRS by 1971, 1282; A 1973, 1807; 1995,1210)

NRS 202.840 Bombthreats prohibited; penalties. A person whothrough the use of the mail, written note, telephone, telegraph, radiobroadcast or other means of communication, willfully makes any threat, ormaliciously conveys false information knowing it to be false, concerning anattempt or alleged attempt being made, or to be made, to kill, injure orintimidate any person or unlawfully to damage or destroy any building, vehicle,aircraft or other real or personal property by means of any explosive, bomb,spring trap or mechanism known or commonly thought to be dangerous to humanlife, limb or safety is guilty of a category B felony and shall be punished byimprisonment in the state prison for a minimum term of not less than 1 year anda maximum term of not more than 6 years, and may be further punished by a fineof not more than $5,000.

(Added to NRS by 1971, 1282; A 1973, 552; 1979, 1436;1995, 1211)

REPORTING OF CERTAIN OFFENSES AGAINST CHILDREN

NRS 202.870 Definitions. As used in NRS 202.870to 202.894, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 202.873 and 202.876 have the meanings ascribed to themin those sections.

(Added to NRS by 1999, 3521)

NRS 202.873 Lawenforcement agency defined. Law enforcementagency means:

1. The Office of the Attorney General or the office ofa district attorney within this State and any attorney, investigator, specialinvestigator or employee who is acting in his professional or occupationalcapacity for such an office; or

2. Any other law enforcement agency within this Stateand any peace officer or employee who is acting in his professional oroccupational capacity for such an agency.

(Added to NRS by 1999, 3521)

NRS 202.876 Violentor sexual offense defined. Violent or sexualoffense means any act that, if prosecuted in this State, would constitute anyof the following offenses:

1. Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.

2. Mayhem pursuant to NRS 200.280.

3. Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.

4. Sexual assault pursuant to NRS 200.366.

5. Robbery pursuant to NRS 200.380.

6. Administering poison or another noxious ordestructive substance or liquid with intent to cause death pursuant to NRS 200.390.

7. Battery with intent to commit a crime pursuant to NRS 200.400.

8. Administering a drug or controlled substance toanother person with the intent to enable or assist the commission of a felonyor crime of violence pursuant to NRS 200.405or 200.408.

9. False imprisonment pursuant to NRS 200.460, if the false imprisonment involvesthe use or threatened use of force or violence against the victim or the use orthreatened use of a firearm or a deadly weapon.

10. Assault with a deadly weapon pursuant to NRS 200.471.

11. Battery which is committed with the use of adeadly weapon or which results in substantial bodily harm pursuant to NRS 200.481.

12. An offense involving pornography and a minorpursuant to NRS 200.710 or 200.720.

13. Solicitation of a minor to engage in actsconstituting the infamous crime against nature pursuant to NRS 201.195.

14. Intentional transmission of the humanimmunodeficiency virus pursuant to NRS201.205.

15. Open or gross lewdness pursuant to NRS 201.210.

16. Lewdness with a child pursuant to NRS 201.230.

17. An offense involving pandering or prostitution inviolation of NRS 201.300, 201.320 or 201.340.

18. Coercion pursuant to NRS 207.190, if the coercion involves theuse or threatened use of force or violence against the victim or the use orthreatened use of a firearm or a deadly weapon.

19. An attempt, conspiracy or solicitation to commitan offense listed in subsections 1 to 18, inclusive.

(Added to NRS by 1999, 3521)

NRS 202.879 Reasonablecause to believe and as soon as reasonably practicable defined; authorizedmanner of making report and communicating information.For the purposes of NRS 202.870to 202.894, inclusive, a person:

1. Has reasonable cause to believe if, in light ofall the surrounding facts and circumstances which are known or which reasonablyshould be known to the person at the time, a reasonable person would believe,under those facts and circumstances, that an act, transaction, event, situationor condition exists, is occurring or has occurred.

2. Acts as soon as reasonably practicable if, inlight of all the surrounding facts and circumstances which are known or whichreasonably should be known to the person at the time, a reasonable person wouldact within approximately the same period under those facts and circumstances.

3. May make a report by telephone or, in light of allthe surrounding facts and circumstances which are known or which reasonablyshould be known to the person at the time, by any other means of oral, writtenor electronic communication that a reasonable person would believe, under thosefacts and circumstances, is a reliable and swift means of communicatinginformation to the person who receives the information.

(Added to NRS by 1999, 3522)

NRS 202.882 Dutyto report violent or sexual offense against child 12 years of age or younger;penalty for failure to report; contents of report.

1. Except as otherwise provided in NRS 202.885 and 202.888, a person who knows or hasreasonable cause to believe that another person has committed a violent or sexualoffense against a child who is 12 years of age or younger shall:

(a) Report the commission of the violent or sexualoffense against the child to a law enforcement agency; and

(b) Make such a report as soon as reasonablypracticable but not later than 24 hours after the person knows or hasreasonable cause to believe that the other person has committed the violent orsexual offense against the child.

2. A person who knowingly and willfully violates theprovisions of subsection 1 is guilty of a misdemeanor.

3. A report made pursuant to this section mustinclude, without limitation:

(a) If known, the name of the child and the name of theperson who committed the violent or sexual offense against the child;

(b) The location where the violent or sexual offensewas committed; and

(c) The facts and circumstances which support thepersons belief that the violent or sexual offense was committed.

(Added to NRS by 1999, 3523)

NRS 202.885 Limitationon prosecution or conviction for failure to report.

1. A person may not be prosecuted or convictedpursuant to NRS 202.882 unless a courtin this State or any other jurisdiction has entered a judgment of convictionagainst a culpable actor for:

(a) The violent or sexual offense against the child; or

(b) Any other offense arising out of the same facts asthe violent or sexual offense against the child.

2. For any violation of NRS 202.882, an indictment must be found oran information or complaint must be filed within 1 year after the date onwhich:

(a) A court in this State or any other jurisdiction hasentered a judgment of conviction against a culpable actor as provided insubsection 1; or

(b) The violation is discovered,

whicheveroccurs later.

3. For the purposes of this section:

(a) A court in any other jurisdiction includes,without limitation, a tribal court or a court of the United States or the ArmedForces of the United States.

(b) Convicted and conviction mean a judgment basedupon:

(1) A plea of guilty or nolo contendere;

(2) A finding of guilt by a jury or a court sittingwithout a jury;

(3) An adjudication of delinquency or finding ofguilt by a court having jurisdiction over juveniles; or

(4) Any other admission or finding of guilt in acriminal action or a proceeding in a court having jurisdiction over juveniles.

(c) A court enters a judgment of conviction against aperson on the date on which guilt is admitted, adjudicated or found, whether ornot:

(1) The court has imposed a sentence, a penaltyor other sanction for the conviction; or

(2) The person has exercised any right to appealthe conviction.

(d) Culpable actor means a person who:

(1) Causes or perpetrates an unlawful act;

(2) Aids, abets, commands, counsels, encourages,hires, induces, procures or solicits another person to cause or perpetrate anunlawful act; or

(3) Is a principal in any degree, accessorybefore or after the fact, accomplice or conspirator to an unlawful act.

(Added to NRS by 1999, 3523; A 2003, 1483)

NRS 202.888 Personsexempt from duty to report. The provisions of NRS 202.882 do not apply to a person who:

1. Is less than 16 years of age;

2. Is, by blood or marriage, the spouse, brother,sister, parent, grandparent, child or grandchild of:

(a) The child who is the victim of the violent orsexual offense; or

(b) The person who committed the violent or sexualoffense against the child;

3. Suffers from a mental or physical impairment ordisability that, in light of all the surrounding facts and circumstances, wouldmake it impracticable for the person to report the commission of the violent orsexual offense against the child to a law enforcement agency;

4. Knows or has reasonable cause to believe thatreporting the violent or sexual offense against the child to a law enforcementagency would place the person or any other person who is related to him byblood or marriage or who resides in the same household as he resides, whetheror not the other person is related to him by blood or marriage, in imminentdanger of suffering substantial bodily harm;

5. Became aware of the violent or sexual offenseagainst the child through a communication or proceeding that is protected by aprivilege set forth in chapter 49 of NRS; or

6. Is acting in his professional or occupationalcapacity and is required to report the abuse or neglect of a child pursuant to NRS 432B.220.

(Added to NRS by 1999, 3524)

NRS 202.891 Immunityfrom civil or criminal liability; presumption that report was made in goodfaith.

1. If a person who is required to make a reportpursuant to NRS 202.882 makes such areport in good faith and in accordance with that section, the person is immunefrom civil or criminal liability for any act or omission related to thatreport, but the person is not immune from civil or criminal liability for anyother act or omission committed by the person as part of, in connection with oras a principal, accessory or conspirator to the violent or sexual offenseagainst the child, regardless of the nature of the other act or omission.

2. If a person is not required to make a reportpursuant to NRS 202.882 and the personmakes such a report to a law enforcement agency in good faith, the person isimmune from civil or criminal liability for any act or omission related to thatreport, but the person is not immune from civil or criminal liability for anyother act or omission committed by the person as part of, in connection with oras a principal, accessory or conspirator to the violent or sexual offenseagainst the child, regardless of the nature of the other act or omission.

3. For the purposes of this section, if a personreports to a law enforcement agency that another person has committed a violentor sexual offense against a child, whether or not the person is required tomake such a report pursuant to NRS 202.882,the person is presumed to have made the report in good faith unless the personis being prosecuted for a criminal violation, including, without limitation, aviolation of the provisions of NRS 207.280.

(Added to NRS by 1999, 3524)

NRS 202.894 Reportdeemed report of abuse or neglect of child made pursuant to NRS 432B.220.If a person reports to a law enforcement agency that another person hascommitted a violent or sexual offense against a child, whether or not theperson is required to make such a report pursuant to NRS 202.882, and the violent or sexualoffense against the child would constitute abuse or neglect of a child, asdefined in NRS 432B.020, the reportmade by the person shall be deemed to be a report of the abuse or neglect ofthe child that has been made pursuant to NRS432B.220 and:

1. The appropriate agencies shall act upon the reportpursuant to chapter 432B of NRS; and

2. The report may be used in the same manner as otherreports that are made pursuant to NRS432B.220.

(Added to NRS by 1999, 3525)

 


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