NRS 202.255: Spring Gun Law in Nevada
With all our attention on gun laws after mass shootings or school shootings, we pay very little attention to not so common forms of gun use and the laws that apply to them. Firearms are dangerous no matter what the circumstances and unless used legally and correctly they pose a threat to the general public.
A very specific gun law in Nevada has to do with setting a trap using a spring pistol, rifle, or any other deadly weapon. This is considered a crime in all of Nevada except for certain circumstances and the defendant will be charged with either a gross misdemeanor or a felony depending on the circumstances of the case.
What Is a Spring Gun?
A spring gun is a firearm or gun that is set to go off without a person shooting it.
It will be rigged by a triggering device, usually, a trip wire or string, so that when a person unknowingly walks into the string or wire that they can’t see the gun would automatically fire at the unsuspecting victim.
It is illegal to set a spring gun throughout Nevada with a few exceptions.
Is Setting a Spring Gun Ever Legal
Like all other laws, there are always exceptions to the rule of law. This is also the case with the Spring Gun law in Nevada. Below are the exceptions to the law:
- Government agencies or employees of them can use loaded spring guns to set traps and kill burrowing rodents or predatory animals like gophers and coyotes.
- In order for this to be legal all spring gun use must take place 15 miles away from an incorporated city or unincorporated town in Nevada.
- Also, the property owner or administrator must give permission to set up a sporting gun.
What Are the Penalties for Illegal Spring Gun Use
There are several penalties for illegal spring gun use, they are based on the severity of the crime and if anyone was injured or killed. For Example:
- No injuries– If there are no injuries then you may be charged with a gross misdemeanor and not a felony. The penalties include up to 364 in jail and/ or up to a $2000 fine.
- Non-Fatal Injuries– This means someone was injured but no one was killed- This is a Category B felony. The penalties are 1-6 years in Nevada State Prison and up to a $5000 determined by the judge
- Accidental Fatal Injury– This is not a murder charge- This is a Category B felony also however the penalties are very different. The penalties are , 1-10 years in Nevada State Prison and up to $10,000 fine also at the judges discretion
- Murder– If you set off the spring gun to kill someone intentionally than you may be charged with murder. Murder in Nevada is a Category A felony. The penalties are The Death Penalty if the police can prove aggravating factors like the murder occurred in the commission of another crime like robbery. Other penalties include:
- Life without parole
- Life with the possibility of parole after 20 years
- 50 years with the possibility of parole after 20 years
Even a misdemeanor charge can carry a severe penalty and it can affect you for the rest of your life.
A criminal charge or conviction may cause you not to get certain employment opportunities and can limit your ability to get housing. If you are ever charged with a crime you should always hire a defense attorney. They can get charges reduced or even get the case dismissed in certain circumstances.
Call The Defenders today if you have been charged with a Spring Gun crime.
Can the Record Be Sealed
In Nevada, convictions can be sealed after you have waited for the appropriate time after the case was resolved. In most cases, you must not have been convicted or charged with another crime to have records sealed.
- Gross Misdemeanor-2 years after the case is resolved
- Category B Felony– 10 years after the case ends. If the court deems the conviction as a non-violent crime than the waiting period is only 5 years
- Murder– Not a sealable reocrd
- Dismissal– The record will be sealed immediately
It can take up to a year for your case record to be sealed after the waiting period. An experienced defense attorney can get your conviction record sealed after a conviction.
What Are the Immigration Laws
In most cases, a firearm offense such as the illegal use of a spring gun can be a deportable offense.
Any criminal charge for a non-citizen is considered a deportable offense. So if you are charged with a firearm offense you should consider speaking with an experienced defense attorney immediately.
What to Do if You Have Been Charged With a Crime
Being charged with a crime does not mean that you are guilty and should face consequences that will affect you for the rest of your life.
The legal system can be very confusing to anyone who is not a legal professional. Once charges have been brought against you, consider hiring a legal defense team. An experienced defense team can get charges dismissed or reduced based on investigation and evidence.
Call The Defenders today if you have been charged with a crime including illegal use of a firearm or spring gun charge.
What Happens if You Are Arrested
After being charged with a crime, the prosecutor may put out a warrant for your arrest. If a warrant is issued for your arrest, you will be arrested and booked into the local jail where you were arrested. This process includes booking photos taken of your face and body if you have scars or tattoos.
They will fingerprint you and, in some cars, take a DNA sample depending on the severity of the charges. You will be asked many questions about basic identifying information and placed in a holding cell until bail is set and made or you head to court for a bail hearing.
If after the booking process is done and you are now being questioned further about the nature of the charges and your involvement you should ask for an attorney before you answer any of these questions.
It is your constitutional right to ask for an attorney during questioning by police.
If you ask for an attorney, the police must stop speaking with you about the crime and your involvement. Remember anything you say can and will be used against you, call The Defenders today if you or your loved one has been arrested for a crime.
What Can the Defenders Do for You?
The defenders have been Nevada’s premier defense team for over 40 years. We fight for our clients using all the tools we have to fight the charges against you.
We will investigate the alleged crime using our in-house team of investigators. If we can prove through evidence that you are not guilty of the crimes you are charged with we will get the charges dropped.
If we can’t get the charges dropped for any reason we will make every effort to get the charges reduced.
Our attorneys will explain to you what you can expect from your case at a case review. We can review your case at free consultation conducted by our staff. Time is critical during the initial stages after being charged with a crime you should contact an attorney immediately. Remember don’t answer any questions without an attorney present. You may think you are doing yourself a favor by answering questions but they can use anything you say against you.
So call The Defenders today if you have been charged with a crime including a Spring Gun offense in Nevada.