NRS
202.255 Setting spring gun or other deadly weapon: Unlawful and
permitted uses; penalties.
1. A person who sets a so-called trap,
spring pistol, rifle, or other deadly weapon shall be punished:
(a) If no injury results therefrom to any human
being, for a gross misdemeanor.
(b) If injuries not fatal result therefrom to any
human being, for a category B felony 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, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If the death of a human being results
therefrom:
(1) Under circumstances not rendering the
act murder, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 10
years, and may be further punished by a fine of not more than $10,000; or
(2) Otherwise, for murder which is a
category A felony as provided in NRS 200.030.
2. Subsection 1 does not prevent the use
of any loaded spring gun, set gun or other device for the destruction of
gophers, moles, coyotes or other burrowing rodents or predatory animals by
agents or employees of governmental agencies engaged in cooperative predatory
animal and rodent control work, but:
(a) A loaded spring gun, set gun or other device
must not be set within 15 miles of the boundaries of any incorporated city or
unincorporated town; and
(b) Before setting any such loaded spring gun,
set gun or other device on any real property permission must first be obtained
from the owner, lessee or administrator thereof.
[1911 C&P § 302; RL § 6567; NCL § 10250]—(NRS A 1960,
336; 1967,
485; 1979,
1433; 1995,
1205)
Notes of Decisions
Cited in
5
cases, 1995–2020 · leading case:
Berry v. State, 212 P.3d 1085 (Nev. 2009).
Berry v. State, 212 P.3d 1085 (Nev. 2009).
· cites it 3× “165(6)(c) further defines “deadly weapon” to include “[a] dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.”
Funderburk v. State, 212 P.3d 337 (Nev. 2009).
“ted by its design and construction, will or is likely to cause substantial bodily harm or death; (b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of…”
Buff v. State, 970 P.2d 564 (Nev. 1998).
· cites it 2× “ted by its design and construction, will or is likely to cause substantial bodily harm or death; (b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of…”
Milton v. State, 908 P.2d 684 (Nev. 1995).
“ted by its design and construction, will or is likely to cause substantial bodily harm or death; (b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of…”
Gonzalez v. Howell (D. Nev. 2020).
“// design and construction, will or is likely to cause substantial bodily harm 2 or death; (b) Any weapon, device, instrument, material or substance which, under the 3 circumstances in which it is used, attempted to be used or threatened to 4 be used, is readily capable of…”
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