POSSESSION EXPLOSIVE DEVICES OR COMPONENTS

Possessing bombs, or the components to make a bomb, is a crime in Nevada. Convictions for doing so are severe and include jail time and harsh fines.

What is the legal definition of possessing a bomb or one of its components?

The laws relating to bomb or its components are governed by NRS 202.253, 202.260, 202.261 and 202.262.

NRS 202.253 – Definitions.

As used in NRS 202.253 to 202.369, inclusive:

  1. “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.
  2. “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.
  3. “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.
  4. “Motor vehicle” means every vehicle that is self-propelled.

NRS 202.260 – Unlawful possession, manufacture or disposition of explosive or incendiary device: Penalty; exceptions.

  1. A person who unlawfully possess, manufactures or disposes of any explosive or incendiary device with the intent to destroy life or property is guilty of a category B felony and shall be punished by imprisonment in the state prison for a maximum 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. This section does not prohibit a person from possessing, manufacturing or using any material, component, substance or device as required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties.
  3. For the purposes of this section, “dispose of” means give, give away, loan, offer, offer for sale, sell, or transfer.

NRS 202.261 – Possession of component of explosive or incendiary device with intent to manufacture explosive or incendiary device: Penalty; exceptions.

  1. A person shall not knowingly possess any component of an explosive or incendiary device with the intent to manufacture an explosive or incendiary device.
  2. A person who violates subsection 1 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.
  3. This section does not prohibit a person from possessing, manufacturing or using any material, component, substance or device as required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties.

NRS 202.262 – Possession of explosive or incendiary device in or near certain public or private areas: Penalty; exceptions

  1. Except as otherwise provided in subsection 3, a person shall not possess any explosive or incendiary device or any explosive or incendiary material, substance or component that may be readily converted to an explosive or incendiary device:
    1. In or upon any public street or highway in this state;
    2. In or near any private habitation, public place or any place open to the public; or
    3. In, on or near any public conveyance.
  2. A person who violates subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
  3. This section does not prohibit a person from possessing any material, component, substance or device:
    1. As required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which as lawful control over such matters to use those items in the performance of his or her duties;
    2. In an amount which, if detonated or otherwise exploded, would not ordinarily cause substantial bodily harm to another person or substantial bodily harm to the property of another; or
    3. As part of a model rocket or engine for a model rocket that is designed, sold, and used for the purpose of propelling a model rocket.

Why does it take three different laws to ban possession of a bomb or its components?

Because it reality, there are three different types of conduct that are outlawed:

  • Manufacturing or ‘disposing’ of bombs or other incendiary;
  • Possession of any component of a bomb or other incendiary device;
  • Possession of a bomb or other incendiary device.

What does it mean by the manufacturing or ‘disposing’ of bombs?

Essentially, this means that you can’t make, sell, or in any way give away an explosive or other incendiary device. The purpose is clearly to inhibit the illegal sale and distribution of explosives by making it a crime to make the bomb in the first place, as well as criminalizing any sale or distribution of explosives.

But what about dynamite? Or even fireworks? How are those made and sold?

Notice that NRS 202.260 uses the language “with the intent to destroy life or property.” In other words, explosives that are made for purposes other than destroying life or property are not outlawed, like dynamite and fireworks.

This is also the intent of subsection 2 of NRS 202.260, which allows the manufacture and/or sale of explosives when they are “related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity…” So long as the explosive is manufactured or sold for a lawful purpose, then there is no violation of NRS 202.260. This is how companies are able to make and sell explosives without being charged with breaking any laws.

But what about possession of just one part of an explosive device?

In much the same way that it is only illegal to possess or sell explosives with the intent to harm or cause damage, many of the components in explosives are manufactured for entirely legal purposes. Fertilizer, for example, is often portrayed in television and movies as an ingredient in homemade bombs (due largely to its use in the Oklahoma City bombing by Timothy McVeigh in 1995). Obviously, fertilizer is not manufactured with the intent that it be used to make bombs, so it would be completely illogical to make it a crime. This is the entire purpose of subsection 2 of NRS 202.260 and the line noted above “with the intent to destroy life or property,” and NRS 202.261 is no different. Consequently, just as the criminal act of manufacturing or possessing an explosive requires the intent to harm or destroy life or property, the manufacture or possession of a component of an explosive or incendiary device is only illegal if there is an intent to harm or cause damage to property.

Moreover, NRS. 202.261 carries with it the further requirement that the person knowingly possess the component of the explosive or incendiary device with the intent to use it in the manufacture of a bomb or other explosive. This may seem like an odd element to the crime, since it would be difficult to show that you didn’t know you had the component in your possession. However, this requirement is more for showing that while you knew you were in possession of the component, you did not know it was the component of an explosive, and would further bolster the argument that you did not intend to cause any damage to property or to harm anyone.

So, does that mean that people can have explosives at their house, as long as they don’t intend to use them to cause damage or injury to someone?

Not exactly. NRS 202.262 is something of a catch-all for what appears to be 2 major loopholes in the other 2 laws:

  • Intent to use the device or component as an explosive or incendiary device to cause damage or injure; and
  • Knowledge of the item’s use in or as an explosive.

Notice that NRS 202.262 does not require any intent or knowledge. Consequently, it provides prosecutors with wide discretion to charge anyone caught with an explosive device, or any part that can be easily used in an explosive device. There is only one requirement for a violation of 202.262, and that is that the explosive or component of an explosive, is possessed on, in or near:

  • Any public road or highway;
  • Any private residence;
  • Any public place, or place open to the public; or
  • Any public conveyance (public transportation).

Essentially, NRS 202.262 gives prosecutors the discretion to charge anyone who has an explosive or incendiary device anywhere where it may be used to cause property damage or injury. An explosive or a part of an explosive that is being stored in a residence is, therefore, a violation and can be charged.

What are the possible penalties?

The violation of any of the laws relating to the possession of a bomb or its components is a category D felony in Nevada and carries a possible sentence of:

  • Between 1 and 6 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

Are there any Defenses?

Yes, of course there are. Some of the possible defenses include:

  • Official Duties – Certain jobs require the use of explosives or incendiary devices. These jobs are immune to prosecution, so long as the employees are using the explosive or incendiary device within the scope and duties of their employment. These professions include:
    • Mining;
    • Agriculture;
    • Construction;
    • And any other profession authorized by the government to use explosives or incendiary devices.

If you can show that you were using an explosive or incendiary device within the scope of your duties in one of these professions, then the charges against you should be dropped or dismissed.

  • Ineffective amount – Possessing an explosive or incendiary device, or a component thereof, that is too small to cause substantial bodily harm if detonated is not illegal, and any charges stemming therefrom should be dropped or dismissed.
  • Model Rocket – Similar to the ineffective amount defense, if you own the explosive or incendiary device because it was designed sold and you intend to use it for the purpose of propelling a model rocket, then you have not violated the laws relating to bombs and their components. Any charges stemming therefrom should therefore be dropped or dismissed.
  • Honest Mistake – As noted above, the possession of a bomb component requires knowledge that you owned the component and that you intended to use it as part of a bomb. If you can show that either of these is not true, then the charges against you should fail, or be dropped or dismissed.
  • 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 Possession of a bomb or its components?

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.

English EN Spanish ES