NRS
202.287 Discharging firearm within or from structure or vehicle;
penalties.
1. A person who is in, on or under a
structure or vehicle and who maliciously or wantonly discharges or maliciously
or wantonly causes to be discharged a firearm within or from the structure or
vehicle:
(a) If the structure or vehicle is not within an
area designated by city or county ordinance as a populated area for the purpose
of prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the structure or vehicle is within an area
designated by city or county ordinance as a populated area for the purpose of
prohibiting the discharge of weapons, 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 10 years, or by a fine of
not more than $5,000, or by both fine and imprisonment.
2. If a firearm is discharged within or
out of any vehicle that is in motion or at rest and it cannot with reasonable
certainty be ascertained in what county the crime was committed, the offender
may be arrested and tried in any county through which the vehicle may have run
on the trip during which the firearm was discharged.
3. The provisions of this section do not
apply to:
(a) A person who lawfully shoots at a game mammal
or game bird pursuant to subsection 2 of NRS
503.010.
(b) A peace officer while engaged in the
performance of his or her official duties.
(c) A person who discharges a firearm in a lawful
manner and in the course of a lawful business, event or activity.
4. As used in this section:
(a) “Structure” means any temporary or permanent
structure, including, but not limited to, any tent, house, room, apartment,
tenement, shop, warehouse, store, mill, barn, stable, outhouse or other
building.
(b) “Vehicle” means any motor vehicle or trailer
designed for use with a motor vehicle, whether or not it is self-propelled,
operated on rails or propelled by electric power obtained from overhead wires.
(Added to NRS by 1989,
1239; A 1993,
2774; 1995,
1152, 1207,
2403,
2409;
2003,
987; 2019,
231)
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1991–2025 · leading case:
State v. Tafoya, 2012 NMSC 30 (N.M. 2012).
State v. Tafoya, 2012 NMSC 30 (N.M. 2012).
“Nev. Rev. Stat. § 202.287 (2003) (“Discharging Firearm Within or From Structure or Vehicle” statute is violated when “[a] person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm…”
United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014).
“480) and one (1) count of DISCHARGING FIREARM OUT OF MOTOR VEHICLE (Felony-NRS 202.287), as more fully alleged in the charging document attached hereto as Exhibit ‘1’.”
City of Sparks, Police Dep't v. Nason, 807 P.2d 1389 (Nev. 1991).
· cites it 2× “301, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or violation of NRS 202.287 or 465.070 to 465.085, inclusive, are subject to forfeiture.”
Schoka v. Sheriff, 824 P.2d 290 (Nev. 1992).
“3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287 or 465.070 to 465.085, inclusive, are subject to forfeiture .”
Ayala (Omar) v. State (Nev. 2017).
“380; NRS 202.287, and Ayala has not shown that the statute fixing punishment was unconstitutional or that the sentence was unreasonably disproportionate, see Blume v.”
Devlin v. Oliver (D. Nev. 2025).
“481(1)(a), 2(e)(2), NRS 202.287(1), and did so under 28 direct, aiding-or-abetting, and/or conspiracy theories of liability, see 1 aider or abettor); Doyle v.”
Glover v. Bean (D. Nev. 2025).
“471 (defining assault); NRS 202.287 (defining 21 discharging a firearm within a structure).”
Bennett (Justin) v. State (Nev. 2013).
“285(1)(b) (discharging a firearm at or into a structure); NRS 202.287(1)(b) (discharging a firearm out of a motor vehicle); NRS 205.”
Martinez (Luis) v. State (Nev. 2014).
“020, NRS 202.287. Considering the above evidence, as well as Perez's testimony that Martinez and the others searched for Patino or other CM members before deciding to shoot at Patino's house, testimony that shots were fired on Riley Avenue, and the bullet strikes found on…”
Griffo (Llewell) v. State (Nev. 2015).
“NRS 202.287(1)(b) prohibits discharging a firearm in a structure "within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons.”
— Nev. Rev. Stat. § 202.287(1) — 1 case
Devlin v. Oliver (D. Nev. 2025).
“481(1)(a), 2(e)(2), NRS 202.287(1), and did so under 28 direct, aiding-or-abetting, and/or conspiracy theories of liability, see 1 aider or abettor); Doyle v.”
— Nev. Rev. Stat. § 202.287(1)(b) — 2 cases
Bennett (Justin) v. State (Nev. 2013).
“285(1)(b) (discharging a firearm at or into a structure); NRS 202.287(1)(b) (discharging a firearm out of a motor vehicle); NRS 205.”
Griffo (Llewell) v. State (Nev. 2015).
“NRS 202.287(1)(b) prohibits discharging a firearm in a structure "within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons.”
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