Text of NV SB 89 (2025)

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