Aiding or Knowingly Permitting a Child to Have a Gun – NRS 202.300

Overview of NRS 202.300

Nevada Revised Statute (NRS) 202.300 addresses the illegal provision or allowance of firearms to minors. Under this statute, it is a criminal offense to either aid a child in obtaining a gun or to knowingly permit a minor to possess a firearm. This law aims to prevent children and teenagers from accessing firearms, which could lead to dangerous situations or criminal activities.

Statutory Definition

• NRS 202.300 – Aiding or Knowingly Permitting a Child to Have a Gun: This statute makes it illegal for any person to intentionally provide, sell, or otherwise make available a firearm to a minor, or to knowingly allow a minor to possess or use a firearm in their presence.

Key Elements of the Offense

For a conviction under NRS 202.300, the prosecution must establish the following elements beyond a reasonable doubt:

1. Knowledge of Minor’s Age: The accused must have known or should have reasonably known that the person receiving or possessing the firearm was a minor (under the age of 18).
2. Provision or Allowance: The accused either provided a firearm to a minor or knowingly permitted the minor to possess or use the firearm.
3. Intent: The prosecution must prove that the accused acted with the intention of allowing or enabling the minor to have access to the firearm.

It is important to note that mere presence or incidental exposure to a firearm does not automatically constitute a violation. The statute requires a more direct action or permissive behavior.

Related Offenses

Understanding related offenses can offer additional context and implications:

1. Illegal Possession of a Firearm by a Minor – NRS 202.300: Covers situations where a minor is found in unlawful possession of a firearm.
2. Child Endangerment – NRS 200.508: Involves putting a child at risk, which may include unsafe firearm storage or use.
3. Unlawful Sale of Firearms – NRS 202.360: Involves the illegal sale or transfer of firearms, potentially including to minors.
4. Contributing to the Delinquency of a Minor – NRS 201.220: Involves actions that encourage or contribute to a minor’s criminal behavior, which may include providing access to firearms.
5. Improper Storage of Firearms – NRS 202.300: Pertains to failing to securely store firearms, potentially leading to access by minors.

Examples

• Example 1: Sarah, a guardian of her 16-year-old nephew, allows him to keep a handgun in her home. Even though she did not give him the gun directly, her knowledge and consent make her liable under NRS 202.300.
• Example 2: Tom, a gun shop owner, sells a rifle to a 17-year-old without verifying the buyer’s age or requiring parental consent. Tom could be charged with aiding or knowingly permitting a minor to have a gun.
• Example 3: Lisa, a parent, leaves a loaded firearm in an accessible location where her 15-year-old child can easily obtain it. This action could result in charges under NRS 202.300 if it is determined she knowingly allowed her child access to the firearm.

Defenses to Aiding or Knowingly Permitting a Child to Have a Gun

Several defenses may be applicable in cases involving NRS 202.300:

• Lack of Knowledge: If the accused did not know and could not reasonably have known that the individual was a minor, this may serve as a defense.
• No Intent: If it can be shown that there was no intention to provide or allow access to the firearm, the charges may be challenged.
• Proper Storage: Demonstrating that the firearm was stored securely and that the minor had access due to negligence rather than intentional allowance could be a defense.
• Mistaken Identity: If the accused can prove that they were mistaken for someone else or that the firearm was not in their control, this could negate the charges.

Potential Penalty for Aiding or Knowingly Permitting a Child to Have a Gun

The penalties for violating NRS 202.300 can be severe:

• Gross Misdemeanor: If convicted, the defendant may face up to one year in county jail and/or a fine up to $2,000.
• Additional Consequences: Besides criminal penalties, there may be other legal ramifications, such as loss of firearm rights or restrictions on future firearm purchases.

Criminal Defense for Aiding or Knowingly Permitting a Child to Have a Gun

At Hofland & Tomsheck, our legal team is committed to defending clients against serious charges like those under NRS 202.300. Joshua Tomsheck, with his extensive experience as a former Chief Deputy District Attorney, provides expert legal representation for those accused of aiding or permitting a minor to have a firearm.

If you are facing allegations under NRS 202.300, it is crucial to consult with a knowledgeable attorney as soon as possible. Joshua Tomsheck can help develop a robust defense strategy tailored to your specific case.

For more information about defending against charges related to aiding or knowingly permitting a child to have a gun, contact the law firm of Hofland & Tomsheck at (702) 895-6760 to schedule a free consultation. Our team is dedicated to providing exceptional legal support and guidance throughout your case.