NRS
202.253 Definitions. As
used in
NRS 202.253 to
202.369, inclusive:
1. “Antique firearm” has the meaning
ascribed to it in 18 U.S.C. § 921(a)(16).
2. “Explosive or incendiary device” means
any explosive or incendiary 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.
3. “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.
4. “Firearm capable of being concealed
upon the person” applies to and includes all firearms having a barrel less than
12 inches in length.
5. “Firearms importer or manufacturer”
means a person licensed to import or manufacture firearms pursuant to 18 U.S.C.
Chapter 44.
6. “Machine gun” means any weapon which
shoots, is designed to shoot or can be readily restored to shoot more than one
shot, without manual reloading, by a single function of the trigger.
7. “Motor vehicle” means every vehicle
that is self-propelled.
8. “Semiautomatic firearm” means any firearm
that:
(a) Uses a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the next shell or
round;
(b) Requires a separate function of the trigger
to fire each cartridge; and
(c) Is not a machine gun.
9. “Unfinished frame or receiver” means a
blank, a casting or a machined body that is intended to be turned into the
frame or lower receiver of a firearm with additional machining and which has
been formed or machined to the point at which most of the major machining
operations have been completed to turn the blank, casting or machined body into
a frame or lower receiver of a firearm even if the fire-control cavity area of
the blank, casting or machined body is still completely solid and unmachined.
(Added to NRS by 1977,
879; A 1979,
157; 1989,
1239; 1995,
1151, 2533,
2726;
1997,
662, 826;
2001,
805; 2003,
1350; 2005,
594; 2017,
3126; 2019,
938, 4179;
2021,
3224; 2023,
2436, 2841)
Designated Forensic Laboratory
Notes of Decisions
Cited in
15
cases (
5 in the last 5 years), 1985–2024 · leading case:
Berry v. State, 212 P.3d 1085 (Nev. 2009).
Berry v. State, 212 P.3d 1085 (Nev. 2009).
· cites it 34× “165(6) does not reference NRS 202.253. We are persuaded that a “firearm” under the general firearm definition of NRS 202.”
Pohlabel v. State, 268 P.3d 1264 (Nev. 2012).
“§ 6-8-102 , encompasses black powder rifles, which meet standard dictionary definitions of “firearm” because they are “capable of firing a projectile by using an explosive as a propellant” (internal quotation omitted)); NRS 202.253(2) (“ ‘[fjirearm’ means any device designed to…”
McIntyre v. State, 764 P.2d 482 (Nev. 1988).
“” NRS 202.253. 3 Some jurisdictions base their findings of a weapon’s deadliness on a victim’s subjective perception of the weapon at the time of the crime.”
State v. Enriquez, 2024 ND 164 (N.D. 2024).
“§ 28-1201 (3) (2024); Nev. Rev. Stat. § 202.253 (3) (2023); N.H.”
Sisolak v. Polymer80, Inc., 546 P.3d 819 (Nev. 2024).
· cites it 14× “Respondent argues that the definition of "unfinished frame or receiver" in NRS 202.253(9) is impermissibly vague, rendering it, NRS 202.”
Washington (matthew) Vs. State, 2016 NV 65 (Nev. 2016).
· cites it 4× “" Similarly, NRS 202.253(2) defines "[f]irearm" as "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.”
Sims (Tashami) Vs. State, 474 P.3d 835 (Nev. 2020).
· cites it 3× “For purposes of these offenses, NRS 202.253(2) defines a "firearm" as "any device designed to be used as a weapon from 2 which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.”
Parsons v. Colt's Mfg. Co. LLC (D. Nev. 2020).
· cites it 3× “§ 5845 ; see also NRS § 202.253. And they allege that AR-15s are designed to shoot 23 automatically because they possess a design feature—an interchangeable stock—that facilitates 1 full automatic fire by simple modification or elimination of the existing stock.”
State v. Enriquez, 2024 ND 164 (N.D. 2024).
“§ 28-1201 (3) (2024); Nev. Rev. Stat. § 202.253 (3) (2023); N.H.”
Barnes v. Housewright, 603 F. Supp. 330 (D. Nev. 1985).
“Barnes also argues that the state failed to prove that the weapon seized from his person was a “firearm” within the meaning of NRS 202.253 (defining firearm) and 202.360 (ex-felon in possession of a firearm).”
Washington (matthew) Vs. State, 2016 NV 65 (Nev. 2016).
· cites it 2× “070(1) provides that "fairly person who discharges any bullet, projectile or ammunition of any kind which is tracer or incendiary in nature on any grass, brush, forest or crop-covered land is guilty of a misdemeanor." Similarly, NRS 202.”
— Nev. Rev. Stat. § 202.253(2) — 6 cases
Berry v. State, 212 P.3d 1085 (Nev. 2009).
“165(6) does not reference NRS 202.253. We are persuaded that a “firearm” under the general firearm definition of NRS 202.”
Pohlabel v. State, 268 P.3d 1264 (Nev. 2012).
“§ 6-8-102 , encompasses black powder rifles, which meet standard dictionary definitions of “firearm” because they are “capable of firing a projectile by using an explosive as a propellant” (internal quotation omitted)); NRS 202.253(2) (“ ‘[fjirearm’ means any device designed to…”
Washington (matthew) Vs. State, 2016 NV 65 (Nev. 2016).
“" Similarly, NRS 202.253(2) defines "[f]irearm" as "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.”
Sims (Tashami) Vs. State, 474 P.3d 835 (Nev. 2020).
“For purposes of these offenses, NRS 202.253(2) defines a "firearm" as "any device designed to be used as a weapon from 2 which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.”
Washington (matthew) Vs. State, 2016 NV 65 (Nev. 2016).
“070(1) provides that "fairly person who discharges any bullet, projectile or ammunition of any kind which is tracer or incendiary in nature on any grass, brush, forest or crop-covered land is guilty of a misdemeanor." Similarly, NRS 202.”
— Nev. Rev. Stat. § 202.253(6) — 1 case
— Nev. Rev. Stat. § 202.253(8)(c) — 1 case
— Nev. Rev. Stat. § 202.253(9) — 1 case
Sisolak v. Polymer80, Inc., 546 P.3d 819 (Nev. 2024).
“Respondent argues that the definition of "unfinished frame or receiver" in NRS 202.253(9) is impermissibly vague, rendering it, NRS 202.”
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