Existing law prohibits a person from carrying or possessing certain weapons on the property of the Nevada System of Higher Education, a private or public school or a child care facility, or while in a vehicle of a private or public school or child care facility. (NRS 202.265) Section 1 of this bill additionally prohibits a person from possessing or causing a firearm to be present in, or within 100 feet of an entrance to, a place the person knows or reasonably should know is an election site, unless the person: (1) is a law enforcement officer engaged in the performance of his or her official duties; (2) is an off-duty law enforcement officer who is lawfully carrying a concealed firearm; (3) is a private security guard or other security personnel hired by the owner of the facility or property in which the election site is located; (4) possesses the firearm while in a vehicle, so long as the person does not brandish the firearm or remove the firearm from the vehicle; or (5) lawfully possesses a firearm in a place of residence, in a business or on private property that is located within 100 feet of an entrance to an election site. Under section 1, a person who violates this prohibition is guilty of a gross misdemeanor, except if the person knowingly possesses a firearm or causes a firearm to be present with the specific intent to disrupt, interfere with or monitor the administration of the election, the counting of votes or any person who is voting or attempting to vote, the person is guilty of a category D felony. Section 1 also establishes an affirmative defense for a person who was lawfully in possession of a firearm and was traveling within 100 feet of an election site solely for the purpose of accessing private property located within that area or departing from such property. Section 1 further: (1) requires the county clerk, registrar of voters or city clerk, as applicable, to post a sign at each election site notifying persons that the possession of a firearm is prohibited; and (2) specifies certain requirements relating to the sign. Section 2 of this bill makes a conforming change to make the existing definitions that apply to certain crimes involving the ownership or possession of a firearm by certain persons applicable to section 1.

Statutes affected:
As Introduced: 202.253
Reprint 1: 202.253
As Enrolled: 202.253
BDR: 202.253