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- 83rd Session (2025)
Senate Bill No. 89–Senator Pazina
CHAPTER..........
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 p rovides that if a person commits certain crimes ordinarily
punishable as misdemeanors because of certain characteristics of the victim
including race, color, religion, national origin, physical or mental disability, sexual
orientation or gender identity or expression, then the crime committed is punishable
as a gross misdemeanor. (NRS 207.185) Existing law also prohibits a person from
owning or having in his or her possession or under his or her custody or control any
firearm if that person has been convict ed of certain crimes. (NRS 202.360) Section
1 of this bill prohibits a person from purchasing, owning or having in his or her
possession or under his or her custody or control any firearm if the person has been
convicted within the immediately preceding 10 years of committing or attempting
to commit certain offenses that: (1) are punishable under the laws of this State as
gross misdemeanors because the conduct of the offender was motivated by certain
characteristics of the victim; or (2) under the laws of the United States or any state,
territory or district, require that the conduct of the offender was motivated by
certain characteristics of the victim or resu lted in a court imposing an additional
penalty based on a finding that the conduct of the offender was motivated by
certain characteristics of the victim. Section 1 also prohibits a person from
purchasing, owning or having in his or her possession or under his or her custody or
control any firearm if the person has been convicted of committing or attempting to
commit certain offenses involving violence that a re motivated by certain
characteristics of the victim. Section 2 of this bill makes a conforming change to
provide that, for purposes of prosecuting a violation of section 1, each firearm
purchased by a person constitutes a separate violation.
Section 3 of this bill provides that a person who was convicted of certain
offenses described in section 1 before July 1, 2025, is not prohibited from owning
or having in his or her possession or under his or her custody or control an y firearm
that the person legally owned before July 1, 2025.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
202.360 1. A person shall not purchase, own or have in his
or her possession or under his or her custody or control any firearm
if the person:
(a) Has been convicted of the crime of battery which constitutes
domestic violence pursuant to NRS 200.485, or a law of any other
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jurisdiction that prohibits the same or substantially similar conduct,
committed against or upon:
(1) The spouse or former spouse of the person;
(2) Any other person with whom the person has had or is
having a dating relationship, as defined in NRS 33.018;
(3) Any other person with whom the person has a child in
common;
(4) The parent of the person; or
(5) The child of the person or a child for whom the person is
the legal guardian.
(b) Has been convicted of a felony in this State 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, unless the
person has received a pardon and the pardon does not restrict his or
her right to bear arms;
(c) Has been convicted of a violation of NRS 20 0.575 or a law
of any other state that prohibits the same or substantially similar
conduct and the court entered a finding in the judgment of
conviction or admonishment of rights pursuant to subsection 7 of
NRS 200.575;
(d) Except as otherwise provided in NRS 33.031, is currently
subject to:
(1) An extended order for protection against domestic
violence pursuant to NRS 33.017 to 33.100, inclusive, which
includes a statement that the adverse party is prohibited from
possessing or having under his or her custody or control any firearm
while the order is in effect; or
(2) An equivalent order in any other state;
(e) Is a fugitive from justice;
(f) Is an unlawful user of, or addicted to, any controlled
substance; [or]
(g) Has been convicted of committing or attempting to commit
a hate crime involving violence; or
(h) Is otherwise prohibited by federal law from having a firearm
in his or her possession or under his or her custody or control.
A person who violates the provisions of this subsection is gui lty
of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years, and may be further
punished by a fine of not more than $5,000.
2. A person shall not purchase, own or have in his or her
possession or under his or her custody or control any firearm if the
person:
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(a) Has been adjudicated as mentally ill or has been committed
to any mental health facility by a court of this State, any other state
or the United States;
(b) Has entered a plea of guilty but mentally ill in a court of this
State, any other state or the United States;
(c) Has been found guilty but mentally ill in a court of this State,
any other state or the United States;
(d) Has been acquitted by reason of insanity in a court of this
State, any other state or the United States; [or]
(e) Is illegally or unlawfully in the United States [.] ; or
(f) Has been convicted within the immediately preceding 10
years of committing or attempting to commit a hate crime.
A person who violates the provisions of this subsection is guilty
of a category D felony and shall be punished as provided in
NRS 193.130.
3. A person shall not use or carry a firearm during and in
relation to, or possess a firearm in furtherance of, the commission of
any act in violation of NRS 453.321, 453.322, 453.337, 453.3385 or
453.401. A person who violates the provisions of this subsection is
guilty of a category B felony and shall be punished by imprisonment
in the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years, and may be further
punished by a fine of not more than $5,000.
4. As used in this section:
(a) “Controlled substance” has the meaning ascribed to it in 21
U.S.C. § 802(6).
(b) “Firearm” includes any firearm that is loaded or unloaded
and operable or inoperable.
(c) “Hate crime” means:
(1) An offense which is punishable as a gross misdemeanor
pursuant to NRS 207.185; or
(2) An offense under the laws of the United States or any
state, territory or district:
(I) An element of which is that the conduct of the
offender was motivated by the actual or perceived race, color,
religion, national origin, physical or mental disability, sexual
orientation or gender identity or expression of another person or
group of persons; or
(II) For which a court of competent jurisdiction imposed
an additional penalty pursuant to a finding that the conduct of the
offender was motivated by the actual or perceiv ed race, color,
religion, national origin, physical or mental disability, sexual
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orientation or gender identity or expression of another person or
group of persons.
(d) “Hate crime involving violence” means a hate crime
involving a violation of NRS 200.471, 200.481, subparagraph (1),
(3) or (4) of paragraph (a) of subsection 1 of NRS 200.571, NRS
200.575, 203.080 or 392.915 or a law of the United States or any
state, territory or district that prohibits the same or substantially
similar conduct.
Sec. 2. NRS 202.3621 is hereby amended to read as follows:
202.3621 1. For purposes of prosecuting a violation of NRS
202.360, each firearm purchased, owned, possessed or under the
custody or control of a person constitutes a separate violation.
2. As used in this section, “firearm” includes any firearm that
is loaded or unloaded and operable or inoperable.
Sec. 3. The provisions of NRS 202.360, as amended by
section 1 of this act, do not prohibit a person who was convicted of a
hate crime or a hate crime involving violence, as those terms are
defined by section 1 of this act, before July 1, 2025, from owning or
having in his or her possession or under his or her custody or control
any firearm that the person legally owned before July 1, 2025.
Sec. 4. This act becomes effective on July 1, 2025.
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