Read the full stored bill text
(Reprinted with amendments adopted on April 14, 2025)
FIRST REPRINT A.B. 119
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ASSEMBLY BILL NO. 119–ASSEMBLYMEMBERS YEAGER AND ROTH
PREFILED JANUARY 24, 2025
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to paramilitary activity.
(BDR 36-191)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to paramilitary activity; authorizing the Attorney
General to investigate alleged paramilitary activity and
issue written investigative demands in connection with
any such investigation; authorizing the Attorney General
to seek an injunction against a person or group of persons
who has engaged in or is about to engage in paramilitary
activity; creating a cause of action for a person who has
suffered injury as a result of paramilitary activity; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law governs the formation and operation of volunteer military 1
companies and volunteer military organizations. (Chapter 412 of NRS) In general, 2
existing law prohibits a group of persons other than the Nevada National Guard and 3
troops of the United States from drilling or parading with arms in any city or town 4
in this State without a license issued by the Governor. (NRS 412.604) Section 1 of 5
this bill: (1) defines the term “private paramilitary organization” to mean an 6
organized body consisting of three or more persons who associate under a structure 7
of command for the purpose of functioning or training to function in a public place 8
as a unit of combat, combat support, law enforcement or security services; and (2) 9
deems a person or group of persons to engage in paramilitary activity if the person 10
or group of persons knowingly, while acting as part of a private paramilitary 11
organization or in furtherance of any objective of a private paramilitary 12
organization, engages in certain activities while armed with a dangerous weapon or 13
deadly weapon. 14
Section 1 authorizes the Attorney General to: (1) investigate alleged 15
paramilitary activity; (2) issue written investigative demands in connection with 16
any such investigation; and (3) seek an inj unction against a person or group of 17
persons who has engaged in or is about to engage in paramilitary activity under 18
certain circumstances. Section 1 also authorizes a person injured as a result of 19
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paramilitary activity to bring a civil action for damages against a person or group of 20
persons who has engaged in paramilitary activity. Finally, section 1 exempts 21
certain persons and governmental entities from the provisions of this bill. 22
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 412 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. The Attorney General may investigate any alleged 3
paramilitary activity. In conducting any such investigation, the 4
Attorney General shall not demand, collect or maintain 5
information about the political, religious or social views, 6
associations or activities of any person or group of persons unless: 7
(a) The information directly relates to an investigation into 8
paramilitary activity; and 9
(b) There are reasonable grounds to suspect that the subject of 10
the information is involved in paramilitary activity. 11
2. If the Attorney General has reasonable cause to believe 12
that a person has information or is in possession, custody or 13
control of any document or other tangi ble evidence relevant to an 14
investigation authorized by subsection 1, the Attorney General 15
may issue in writing and cause to be served upon that person an 16
investigative demand to: 17
(a) Appear and be examined under oath; 18
(b) Answer written interrogatories under oath; or 19
(c) Produce the document or other tangible evidence for 20
inspection and copying. 21
3. Any information provided in response to an investigative 22
demand issued pursuant to subsection 2, including, without 23
limitation, any document, record, mater ial, testimony or answer, 24
must not be used in any criminal prosecution. 25
4. If the Attorney General has reasonable cause to believe 26
that a person or group of persons has engaged in or is about to 27
engage in paramilitary activity, the Attorney General may f ile an 28
action for injunctive relief in the appropriate district court to 29
prevent the occurrence or continuance of paramilitary activity. An 30
injunction issued pursuant to this subsection does not preclude or 31
affect the availability of any other remedy, incl uding, without 32
limitation, the filing or maintenance of a civil action for damages 33
pursuant to subsection 5. 34
5. A person who has suffered injury as a result of 35
paramilitary activity may bring a civil action against a person or 36
group of persons who has en gaged in paramilitary activity. A 37
plaintiff who prevails in an action brought pursuant to this 38
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subsection may recover actual damages, compensatory damages, 1
attorney’s fees and costs and any other appropriate relief. 2
6. For the purposes of this section, a person or group of 3
persons shall be deemed to engage in paramilitary activity if the 4
person or group of persons knowingly, while acting as part of a 5
private paramilitary organization or in furtherance of any 6
objective of a private paramilitary organization: 7
(a) While armed with a deadly weapon, publicly patrols or 8
drills; or 9
(b) While armed with a dangerous weapon or deadly weapon: 10
(1) Publicly engages in conduct capable of causing physical 11
injury or death; 12
(2) Substantially interferes with the ope rations of a 13
governmental entity; 14
(3) Unlawfully assumes, exercises or asserts a function, 15
power or duty of a peace officer, state or local governmental 16
official or federal official; 17
(4) Interferes with or impairs or attempts to interfere with 18
or impair the legal rights of another person or group of persons 19
by: 20
(I) Preventing or attempting to prevent the other person 21
or group of persons from engaging in conduct in which the other 22
person or group of persons has a legal right to engage; or 23
(II) Causing or attempting to cause the other person or 24
group of persons to engage in conduct from which the other 25
person or group of persons has a legal right to abstain; or 26
(5) Trains to engage in an activity described in this 27
subsection. 28
7. This section does not apply to: 29
(a) The Armed Forces of the United States, the Nevada 30
National Guard or any regularly organized state militia or 31
unorganized or reserve militia called into service by a state or the 32
United States, including, without limitation, a defe nse force 33
authorized under 32 U.S.C. § 109(c); 34
(b) A group of persons that: 35
(1) Associates as a military organization solely for 36
historical purposes or fictional performances or parades in public 37
as part of a bona fide veterans’ organization; and 38
(2) Does not carry or use ammunition or explosives; 39
(c) Students in educational institutions where military science 40
is a part of the course of instruction when under the supervision of 41
a military instructor; 42
(d) Members of an organization authorized under st ate or 43
federal law to provide security services when performing the 44
functions authorized by law; 45
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(e) Members of an organization authorized under state or 1
federal law to provide training in paramilitary operations or law 2
enforcement when: 3
(1) Performing the functions authorized by law; and 4
(2) Under the direction and control of a governmental 5
authority; or 6
(f) Any lawful activity of the Department of Wildlife. 7
8. As used in this section: 8
(a) “Armed forces” has the meaning ascribed to it in 10 U.S.C. 9
§ 101(a)(4). 10
(b) “Dangerous weapon” means any weapon, device, 11
instrument, material or substance which, under the circumstances 12
in which it is used, attempted to be used or threatened to be used, 13
is readily capable of causing substantial bodily harm or death. 14
(c) “Deadly weapon” means any instrument which, if used in 15
the ordinary manner contemplated by its design and construction, 16
will or is likely to cause substantial bodily harm or death. 17
(d) “Governmental entity” means an institution, board, 18
commission, bureau, council, department, division, authority or 19
other unit of government of this State, including, without 20
limitation, an agency or political subdivision of this State. 21
(e) “Peace officer” means any person upon whom some or all 22
of the powers of a peace officer are conferred pursuant to NRS 23
289.150 to 289.360, inclusive. 24
(f) “Private paramilitary organization” means an organized 25
body consisting of three or more persons who associate under a 26
structure of command for the purpose of functioning or training 27
to function in a public place as a unit of combat, combat support, 28
law enforcement or security services. 29
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