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Nevada Carry Blog
For full archive, see the Blogspot archive

SB 367: Extra penalties per gun

3/27/2023

 
SB 367

This is a sentencing enhancement bill that targets carrying firearms and other weapons when engaged in certain crimes and drug-related activities. Part 2, which is applicable to CCW, would count each gun, prohibited item, or "Metal-penetrating bullet" as defined by NRS 202.273. It does not appear to change the penalty for CCW to a category B felony as Section 2 does to the drug violation enhancements.

"Armor piercing handgun bullets" are already prohibited by state law and banned at the federal level. This isn't much of a practical issue (but a constitutional and moral one) as most persons are carrying lead and copper jacketed bullets.

NRS 202.273
“Metal-penetrating  bullet”
4. As used in this section, “metal-penetrating bullet” means a bullet whose core:
(a) Reduces the normal expansion of the bullet upon impact; and
(b) Is at least as hard as the maximum hardness attainable using solid red metal alloys, and which can be used in a handgun. The term does not include any bullet with a copper or brass jacket and a core of lead or a lead alloy, or a bullet made of lead or lead alloys.

The full list of enhancement violations is:
NRS 202.257 Possession of firearm when under influence of alcohol
NRS 202.260 Unlawful possession, manufacture or disposition of explosive or incendiary device
NRS 202.262 Possession of explosive or incendiary device in or near certain public or private areas
NRS 202.273 Unlawful manufacture or sale of certain metal-penetrating bullets: Exceptions; penalty.
NRS 202.277 Changing, altering, removing or obliterating serial number of firearm
NRS 202.300 Use or possession of firearm by child under age of 18 years
NRS 202.350  Carrying concealed weapon without permit (and more)
NRS 202.360 Ownership or possession of firearm by certain persons prohibited

So while the firearm portion of the bill is stupid and bad on principles, it would affect only those carrying multiple firearms or AP handgun rounds. Additionally, as Nevada law has no exemption for peaceably transporting firearms enclosed in cases, which is considered technically concealed, this bill would potentially allow the prosecution of an otherwise law-abiding citizen for moving container of firearms from his car, the shooting range, etc. 

It appears there is a dueling bill that would address many of the same subjects without the extra gun crap shoved in it:

SB 412
Senate Committee on Judiciary
Analysis: A better version of SB 367 with only applying sentencing enhancements to carrying a firearm while engaged in certain drug related activities. Various changes enabling stiffer penalties for crimes have been proposed as well.

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