NRS
202.265 Possession of dangerous weapon on property or in vehicle of
school or child care facility; penalty; exceptions.
1. Except as otherwise provided in this
section, a person shall not carry or possess while on the property of the
Nevada System of Higher Education, a private or public school or child care
facility, or while in a vehicle of a private or public school or child care
facility:
(a) An explosive or incendiary device;
(b) A dirk, dagger or switchblade knife;
(c) A nunchaku or trefoil;
(d) A blackjack or billy club or metal knuckles;
(e) A pneumatic gun;
(f) A pistol, revolver or other firearm; or
(g) Any device used to mark any part of a person
with paint or any other substance.
2. Any person who violates subsection 1 is
guilty of a gross misdemeanor.
3. This section does not prohibit the
possession of a weapon listed in subsection 1 on the property of:
(a) A private or public school or child care
facility by a:
(1) Peace officer;
(2) School security guard; or
(3) Person having written permission from
the president of a branch or facility of the Nevada System of Higher Education
or the principal of the school or the person designated by a child care
facility to give permission to carry or possess the weapon.
(b) A child care facility which is located at or
in the home of a natural person by the person who owns or operates the facility
so long as the person resides in the home and the person complies with any laws
governing the possession of such a weapon.
4. The provisions of this section apply to
a child care facility located at or in the home of a natural person only during
the normal hours of business of the facility.
5. For the purposes of this section:
(a) “Child care facility” means any child care
facility that is licensed pursuant to chapter
432A of NRS or licensed by a city or county.
(b) “Nunchaku” has the meaning ascribed to it in NRS 202.350.
(c) “Pneumatic gun” means any implement designed
as a gun that may expel a ball bearing or a pellet by action of pneumatic
pressure. The term includes, without limitation, a paintball gun that expels
plastic balls filled with paint for the purpose of marking the point of impact.
(d) “Switchblade knife” means a spring-blade
knife, snap-blade knife or any other knife having the appearance of a
pocketknife, any blade of which is 2 or more inches long and which can be
released automatically by a flick of a button, pressure on the handle or other
mechanical device, or is released by any type of mechanism. The term does not
include a knife which has a blade that is held in place by a spring if the
blade does not have any type of automatic release.
(e) “Trefoil” has the meaning ascribed to it in NRS 202.350.
(f) “Vehicle” has the meaning ascribed to “school
bus” in NRS 484A.230.
(Added to NRS by 1989,
656; A 1993,
364; 1995,
1151; 2001,
806; 2007,
1913; 2015,
1586)
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1998–2022 · leading case:
Berry v. State, 212 P.3d 1085 (Nev. 2009).
Berry v. State, 212 P.3d 1085 (Nev. 2009).
· cites it 35× “We conclude that because NRS 202.265’s list of weapons is specifically referenced in NRS 193.”
Funderburk v. State, 212 P.3d 337 (Nev. 2009).
· cites it 7× “Therefore, we determine that the district court did not err by instructing the jury that a BB gun constitutes a “firearm,” as defined in NRS 202.265(5)05), 1 a statute referenced in NRS 193.”
Guerrina v. State, 419 P.3d 705 (Nev. 2018).
· cites it 4× “NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
United States v. Ricardo Guizar-Rodriguez, 900 F.3d 1044 (9th Cir. 2018).
· cites it 2× “” See Nev. Rev. Stat. § 202.265 (1)(g) (including “[a]ny device used to mark any part of a person with paint or any other substance” in a list of UNITED STATES V.”
Barnhart v. State, 130 P.3d 650 (Nev. 2006).
· cites it 2× “165(5)(c) (defining a deadly weapon, in part, as a weapon specifically described in NRS 202.265); NRS 202.265(4)(a)(2) (defining a firearm as any device from which a metal projectile may be expelled by means of a spring or gas).”
Buff v. State, 970 P.2d 564 (Nev. 1998).
· cites it 2× “2d 139, 140 (1988) (holding that a folding pocket knife with a locking blade was not a dirk or dagger for purposes of NRS 202.265 and NRS 202.350, enumerating dangerous bladed weapons prohibited from being possessed, manufactured, or carried).”
Guerrina (robert) Vs. State, 2018 NV 45 (Nev. 2018).
· cites it 8× “NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
Guerrina (robert) Vs. State, 2018 NV 45 (Nev. 2018).
· cites it 8× “NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
Flores Vs. Las Vegas-clark Cty. Library Dist., 2018 NV 101 (Nev. 2018).
· cites it 4× “3673(3), which prohibits concealed firearm possession in public buildings such as the Rainbow Branch Library, or NRS 202.265(1), which prohibits all firearm possession in certain legislatively designated buildings (not including the Rainbow Branch Library).”
Flores Vs. Las Vegas-clark Cty. Library Dist., 2018 NV 101 (Nev. 2018).
· cites it 2× “3673(3), which prohibits concealed firearm possession in public buildings such as the Rainbow Branch Library, or NRS 202.265(1), which prohibits all firearm possession in certain legislatively designated buildings (not including the Rainbow Branch Library).”
Flores v. Las Vegas-Clark Cnty. Library Dist., 432 P.3d 173 (Nev. 2018).
· cites it 2× “3673(3), which prohibits concealed firearm possession in public buildings such as the Rainbow Branch Library, or NRS 202.265(1), which prohibits all firearm possession in certain legislatively designated buildings (not including the Rainbow Branch Library).”
Goode v. Perry (D. Nev. 2022).
· cites it 2× “8 The relevant version of NRS 202.265(5)(b) defined a firearm: 9 (b) “Firearm” includes any device from which a metallic projectile, including any ball 10 bearing or pellet, may be expelled by means of spring, gas, air or other force.”
— Nev. Rev. Stat. § 202.265(1) — 3 cases
Flores Vs. Las Vegas-clark Cty. Library Dist., 2018 NV 101 (Nev. 2018).
“3673(3), which prohibits concealed firearm possession in public buildings such as the Rainbow Branch Library, or NRS 202.265(1), which prohibits all firearm possession in certain legislatively designated buildings (not including the Rainbow Branch Library).”
Flores Vs. Las Vegas-clark Cty. Library Dist., 2018 NV 101 (Nev. 2018).
“3673(3), which prohibits concealed firearm possession in public buildings such as the Rainbow Branch Library, or NRS 202.265(1), which prohibits all firearm possession in certain legislatively designated buildings (not including the Rainbow Branch Library).”
Flores v. Las Vegas-Clark Cnty. Library Dist., 432 P.3d 173 (Nev. 2018).
“3673(3), which prohibits concealed firearm possession in public buildings such as the Rainbow Branch Library, or NRS 202.265(1), which prohibits all firearm possession in certain legislatively designated buildings (not including the Rainbow Branch Library).”
— Nev. Rev. Stat. § 202.265(1)(b) — 3 cases
Guerrina v. State, 419 P.3d 705 (Nev. 2018).
“NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
Guerrina (robert) Vs. State, 2018 NV 45 (Nev. 2018).
“NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
Guerrina (robert) Vs. State, 2018 NV 45 (Nev. 2018).
“NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
— Nev. Rev. Stat. § 202.265(1)(f) — 1 case
Flores v. Las Vegas-Clark Cnty. Library Dist., 432 P.3d 173 (Nev. 2018).
“3673(3), which prohibits concealed firearm possession in public buildings such as the Rainbow Branch Library, or NRS 202.265(1), which prohibits all firearm possession in certain legislatively designated buildings (not including the Rainbow Branch Library).”
— Nev. Rev. Stat. § 202.265(4)(a)(2) — 1 case
Barnhart v. State, 130 P.3d 650 (Nev. 2006).
“165(5)(c) (defining a deadly weapon, in part, as a weapon specifically described in NRS 202.265); NRS 202.265(4)(a)(2) (defining a firearm as any device from which a metal projectile may be expelled by means of a spring or gas).”
— Nev. Rev. Stat. § 202.265(5) — 2 cases
Funderburk v. State, 212 P.3d 337 (Nev. 2009).
“Therefore, we determine that the district court did not err by instructing the jury that a BB gun constitutes a “firearm,” as defined in NRS 202.265(5)05), 1 a statute referenced in NRS 193.”
Berry v. State, 212 P.3d 1085 (Nev. 2009).
“We conclude that because NRS 202.265’s list of weapons is specifically referenced in NRS 193.”
— Nev. Rev. Stat. § 202.265(5)(b) — 7 cases
Berry v. State, 212 P.3d 1085 (Nev. 2009).
“We conclude that because NRS 202.265’s list of weapons is specifically referenced in NRS 193.”
Funderburk v. State, 212 P.3d 337 (Nev. 2009).
“Therefore, we determine that the district court did not err by instructing the jury that a BB gun constitutes a “firearm,” as defined in NRS 202.265(5)05), 1 a statute referenced in NRS 193.”
Goode v. Perry (D. Nev. 2022).
“8 The relevant version of NRS 202.265(5)(b) defined a firearm: 9 (b) “Firearm” includes any device from which a metallic projectile, including any ball 10 bearing or pellet, may be expelled by means of spring, gas, air or other force.”
— Nev. Rev. Stat. § 202.265(5)(d) — 3 cases
Guerrina v. State, 419 P.3d 705 (Nev. 2018).
“NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
Guerrina (robert) Vs. State, 2018 NV 45 (Nev. 2018).
“NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
Guerrina (robert) Vs. State, 2018 NV 45 (Nev. 2018).
“NRS 202.265"); NRS 202.265(1)(b) (listing a "dirk, dagger, or switchblade knife"); NRS 202.”
— Nev. Rev. Stat. § 202.265(l)(e) — 1 case
Berry v. State, 212 P.3d 1085 (Nev. 2009).
“We conclude that because NRS 202.265’s list of weapons is specifically referenced in NRS 193.”
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