ALLOWING A CHILD TO HAVE A GUN
The nature of guns and other firearms makes them very dangerous. As a result, the Legislature has determined that children do not have the maturity to possess firearms. Convictions for allowing a child to possess a gun or other firearm are severe and include jail time and harsh fines.
What is the legal definition of allowing a child to have a gun?
The laws relating to removing or changing the serial number on a weapon are governed by NRS 202.253, 202.300, and 202.310.
NRS 202.253 – Definitions.
As used in NRS 202.253 to 202.369, inclusive:
- “Explosive of incendiary device” means any explosive or incendiary device material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
- “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
- “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.
- “Motor vehicle” means every vehicle that is self-propelled.
NRS 202.300 – Use or possession of firearm by child under 18 years; unlawful to aid or permit child to commit violation; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances.
- Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of 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.
- A person who aids or knowingly permits a child to violate subsection 1:
- Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.
- For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
- For a second or any subsequent offense, 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.
- A person does not aid or knowingly permit a child to violate subsection 1 if:
- The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
- The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
- The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or
- The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.
- The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.
- Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:
- A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or
- A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm.
- And the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.
- Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:
- Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;
- Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;
- Participating in a lawfully organized competition or performance involving the use of a firearm;
- Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
- Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;
- On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or
- At his or her residence.
- Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and
- Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and
- Is not otherwise prohibited by law from possessing such a firearm.
- A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:
- An occupant of a motor vehicle;
- Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or
- Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.
- For the purposes of this section, a firearm is loaded if:
- There is a cartridge in the chamber of the firearm,
- There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
- There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber if the firearm is a semiautomatic firearm.
NRS 202.310 – Sale of firearms to minors; penalty.
Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person 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.
That is a lot of information. What does it really mean?
Essentially, it is a crime to knowingly permit a child to handle, possess, or have control or custody of a gun.
What constitutes a “child” under this law?
Nevada laws provide different ages for what is considered a “minor” depending on the purpose. However, as with most states the laws regarding allowing a child to possess a gun place the age of majority at 18 years of age. Anyone under the age of 18 is a minor under NRS 202.300, and is therefore considered a child.
Does that apply even to their parents?
Not really. If the child is accompanied by a parent or guardian, then they can have possession of a firearm.
What if the parent or guardian doesn’t know the child has the gun?
NRS 202.300 requires that the adult involved helps the child gain possession of the gun, or knows that the child has possession of the gun. Knowledge, therefore, is an absolute requirement to a violation of NRS 202.300.
However, “knowledge” can be implied where the parent or guardian should have known that the child had, would have had, or could have had possession of the firearm. In other words, If the parent or guardian left the gun in an area where the child could easily access it, then they can be held liable under NRS. 202.300.
What about hunting?
Hunting is a common pastime experience in Nevada. Parents teach their children and take them out hunting quite regularly. However, as noted above, if the child is accompanied by a parent, guardian, or other adult legally permitted to be in charge of the child, then the child is permitted to have possession of the firearm.
Similarly, if the child is not accompanied by an adult in close proximity, but is travelling to or from a hunting expedition (in other words, if the child is walking back to a car at the end of a hunting trip, they parent or guardian does not have to be right next to the child).
What are the possible penalties?
The possible penalties for allowing or helping a child to possess a gun are dependent on the specific circumstances.
If the adult does not know, or have reason to know, that the child will use the gun to commit a violent act, then the violation will be charged as a misdemeanor, carrying with it:
- Up to 6 months in jail; and/or
- Possible fines up to $1,000.
If the adult does know, or should know, that the child will probably use the firearm for violent purposes, then the violation will be charged as a category C felony, carrying with it:
- Up to 5 years in a Nevada State Prison; and
- Possible fines up to $10,000.
For a second or subsequent violation where the adult has reason to know that the firearm will be used for violent purposes, the violation will be charged as a category B felony; carrying with it:
- Up to 6 years in a Nevada State Prison; and
- Possible fines up to $5,000.
Please Note: Anyone convicted of a violation of NRS 202.300, regardless of whether they know about possible violent purposes, loses any rights regarding possession of a firearm.
Are there any Defenses?
Yes, of course there are. Some of the possible defenses include:
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Unknown possession – NRS 202.300 applies only when an adult helps a child to gain possession of a gun, or knows that a child has, or is likely to have, possession of a gun. Consequently, there are 2 different ways that the defense of lack of knowledge can apply:
- Unknown movement of the gun – If someone other than the defendant moved the gun from a location where the child could not have retrieved it, to somewhere that a child could get the gun, then the defendant cannot be held liable if the child does gain possession of the gun; or
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Child’s conduct – If the adult is taking proper precautions to keep the child away from the gun, but the child manages to gain possession through misconduct or deceit, then the defendant did not violate NRS 202.300. No manner of securing the gun is completely foolproof, and a determined child can manage to circumvent even the strictest locking mechanisms.
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Sports or Hunting – Children are allowed to possess guns when hunting with their parent or other legal guardian. If a child accidentally shoots someone while lawfully hunting or sport-shooting (such as target practice or skeet-shooting), then the child had the gun under lawful circumstances and there has been no violation of NRS 202.300.
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Training – It is not against the law to train a minor in the use of a gun. Consequently, children who are at least 14 years of age, may possess a firearm within the context of learning about using the gun. However, the gun cannot be fully automatic, and the child must have permission from their parent or guardian. If the gun is small enough that it can be concealed (meaning that it has a barrel shorter than12 inches), then the child must have written permission from their parent or legal guardian. Some of the circumstances where a child is permitted to have possession of a gun include:
- Receiving instruction – attending a course of instruction on the use of a gun, hunting safety, or sport-shooting;
- Practicing – Target-shooting or skeet-shooting at a legal firing range;
- Competition – Sport-shooting within the context of a competition, so long as it takes place at a legal firing range or other area where the firing of guns is permitted;
- Legal Travel – Travelling to or from any legal activity, so long as the gun is not loaded;
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With property owner’s permission – If the child is at a residence or property owned by an adult,
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Lack of Evidence – As with any crime, the prosecution bears the burden of proving every element of the crime “beyond a reasonable doubt.” If there is not enough evidence to uphold this high level of proof, then the charges should be dropped or dismissed.
What should I do if I’ve been charged with Stalking?
As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.