Gun laws govern what individuals are eligible to purchase, own, or carry a gun in a given state or city. Each state has its own unique gun laws.
Gun laws may even vary by city. For example, gun laws in California may vary greatly from New York gun laws.
The majority of gun laws govern issues including:
- Who can buy or possess a gun;
- How long an individual is required to wait in between buying a gun and actually receiving it, referred to as waiting times;
- Whether a firearm can be carried in public;
- Whether the gun needs to be concealed or not; and
- Storage of guns in transit.
A violation of gun laws may lead to various legal consequences. In addition, being convicted of certain crimes can lead to an individual losing the right to own a firearm.
What Are Some Common Violations of Gun Laws?
Common examples of violations of gun laws include:
- Unauthorized purchase of a firearm;
- Illegal carrying of a firearm, especially in a public place;
- Minor in possession of a gun;
- Discharging a gun in public or prohibited areas; and
- Possessing a gun without authorization or a proper permit. For example, an individual who has been convicted of a felony and is no longer allowed to own a gun.
These types of violations are separate from crimes that involve guns as a weapon, such as:
- Assault;
- Homicide; or
- Armed robbery.
What is an Accidental Discharge of a Firearm?
The accidental discharge of a firearm, also called an unintentional discharge, is the discharging of a firearm at a time that the firearm user did not intend. In the case of an accidental discharge, an individual may be injured, or property may be damaged.
Whether or not this gun law offense will be charged as a misdemeanor or a felony will depend upon the local state laws and the degree of injury and damage caused by the accidental discharge.
How Does an Accidental Discharge Occur?
An accidental firearm discharge occurs when the individual handling the firearm is negligent and unintentionally fires the weapon. Negligence is a legal term that means a failure to use reasonable care under the circumstances.
This may include pointing a weapon loaded at another individual or property. An accidental discharge can happen anywhere, including at home or in public.
Accidental discharges often occur in locations where a firearm is more likely to be present, such as a shooting range or hunting trip. Accidental discharges may occur in many ways, including:
- An individual deliberately pulls the trigger of a firearm for a purpose other than having the firearm discharge;
- An individual attempts to grip or holster the firearm trigger and accidentally squeezes the trigger with sufficient force to cause a discharge;
- An individual, usually an inexperienced firearm user, accidentally drops a firearm causing a discharge to occur; or
- The firearm suffers from a mechanical malfunction.
Examples of an individual pulling the trigger for purposes other than firing the weapon include:
- For safety or function testing;
- For gun safety demonstrations; or
- Practicing when they believe a weapon is unloaded.
In these situations, the firearm user is unaware that there is ammunition in the chamber and discharges when the individual pulls the trigger. Because of this, it is extremely important to check and double-check to ensure that a weapon is unloaded before using it in any of the manners noted above.
In certain cases, a mechanical malfunction may occur if a firearm is defective. A mechanical malfunction may also occur as a result of the failure of the user to maintain the firearm or the ammunition in proper working condition.
What are the Legal Penalties for Accidental Discharge Offenses?
The penalty for an accidental discharge offense may result in a misdemeanor or felony conviction, depending on the circumstances of the incident. Misdemeanor convictions may result in a jail sentence of up to one year, criminal fines, or both.
Felony convictions may result in a prison sentence of one year or more, larger criminal fines, or both. Many states provide harsher sentences if an accidental discharge occurs in a residence or a public place.
In most cases, a negligent accidental discharge offense will carry a lighter penalty than a reckless discharge offense. The reckless discharge of a firearm occurs when an individual behaves in a manner that they knew or should have known would cause harm, but they are indifferent to the risk of injury or damage that the discharge may cause.
An example of a reckless firearm discharge includes multiple individuals gathered in a public place. The extremely reckless discharge of a firearm will carry a harsher penalty than a reckless discharge or an accidental discharge.
Generally, extreme recklessness is recklessness that is so brazen and gross that it shows a flagrant disregard for human life that may cause serious injury to one or more individuals. One example of extreme recklessness would be if an individual discharged a firearm in extremely close proximity to a large group of individuals.
The punishment for a felony accidental discharge conviction may include the following:
- A long prison sentence;
- A lengthy period of probation or parole; or
- Heavy fines, including restitution.
There are life-long consequences that may occur if a defendant is convicted of a felony, including:
- A loss of employment;
- The loss of voting rights;
- Losing the right to firearms, either to purchase or own;
- Inability to obtain a professional license;
- Inability to attend school; or
- Inability to rent housing.
Can I Get in Trouble for Firing a Weapon in Nevada?
In the State of Nevada, firing a weapon where doing so is not legally permitted is considered a crime regardless of whether the individual firing the gun can legally possess a gun or not. Discharging, or firing, a weapon may lead to an individual facing several separate criminal charges, including:
- Firing a weapon in public;
- Firing a weapon at a vehicle or building; and
- Firing a weapon from a vehicle or a building.
What is the Crime of Firing a Weapon in Public in Nevada?
In Nevada, firing a weapon in public means discharging a gun in a public area, which may include a public street or a hotel. Nevada also considers a public place to be any area that is a public resort.
For firing a weapon to be unlawful, the action must be done:
- Wantonly;
- Negligently; or
- Maliciously.
What If I Did Not Hurt Anyone?
In Nevada, discharging a weapon is an offense that does not involve injuring any other individuals. If another individual is injured as a result of a weapon being fired, the applicable crime would most likely be charged as aggravated battery or something worse.
Are Firing a Weapon in Public and Discharging a Weapon Where People Might Get Hurt the Same Crime?
No, firing a weapon in public and discharging a weapon where individuals may get hurt is not the same crime. Nevada has separate criminal statutes for firing a weapon in a public space and firing a weapon where an individual might be endangered.
If an individual aims a weapon at another individual or discharges a weapon in a location where an individual may be endangered, but no one was hurt, it is a gross misdemeanor.
How Much Jail Time Will I Get for Firing a Weapon in Public?
In Nevada, discharging a weapon in public is classified as a misdemeanor. If convicted of a misdemeanor in Nevada, an individual may face the following:
- Six months in jail;
- A $1,000 criminal fine; or
- Fines and county jail time.
Can a Criminal Lawyer Help Me with My Case?
If you have been charged with firing a weapon in public in Nevada, you must consult a Nevada criminal lawyer as soon as possible. Your lawyer can advise you of the possible consequences you may face and what defenses may be available to you and will represent you in court.
