Existing law provides that a person who maliciously, wantonly or negligently discharges or causes to be discharged any pistol, gun or other kind of firearm under certain circumstances is guilty of a misdemeanor. (NRS 202.280) Section 1 of this bill removes the elements of maliciously and wantonly, thereby making the offense apply only to negligently discharging or causing to be discharged any pistol, gun or other kind of firearm under certain circumstances. Existing law further provides that a person who willfully discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered, although an injury does not result, is guilty of a gross misdemeanor. (NRS 202.290) Section 2 of this bill increases the penalty for willfully discharging a firearm in a public place within a populated area designated as such for the purpose of prohibiting the discharge of weapons or in any place where any person might be endangered, although an injury does not result, making it: (1) a category C felony for a first offense; and (2) a category B felony, punishable by imprisonment for a minimum term of not less than 2 years and a maximum term of not more than 15 years, for a second or subsequent offense, any offense involving discharging a firearm more than once in a single occurrence or any offense where the person was previously convicted of an offense involving the discharge of a firearm. Existing law prohibits a child under the age of 18 years from handling or possessing a firearm or having a firearm under his or her control and provides that a child who violates such provisions commits a delinquent act for which the court is authorized to detain the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult. (NRS 202.300) Existing law provides that if a child is adjudicated delinquent because the child handled or possessed a firearm or had a firearm under his or her control in violation of that provision of existing law, the juvenile court is required to, for a first offense: (1) order the child to perform 200 hours of community service; and (2) issue an order suspending the driver's license of the child for not more than 1 year or, if the child does not possess a driver's license, prohibit the child from receiving a driver's license for not more than 1 year. For a second offense, the juvenile court is required to: (1) order the child to perform at least 200 hours but not more than 600 hours of community service; and (2) issue an order suspending the driver's license of the child for at least 90 days but not more than 2 years, or if the child does not possess a driver's license, prohibit the child from receiving a driver's license for at least 90 days and not more than 2 years. (NRS 62E.650) Section 3 of this bill: (1) revises the punishments that the juvenile court is required to order such that the punishments for a second offense are now applicable to a first offense; and (2) authorizes the juvenile court, for a second offense, to commit the child for confinement in a secure facility for the detention of children and impose any other punitive measures that the court determines to be in the best interests of the public or child.

Statutes affected:
As Introduced: 202.280, 202.290, 62E.650
BDR: 202.280, 202.290, 62E.650