Aiming a Firearm at a Human Being – NRS 202.290

Overview

Under Nevada Revised Statutes (NRS) 202.290, aiming a firearm at another person is a serious offense, even if the firearm is not discharged. This statute focuses on the act of pointing a gun at someone, which can create significant fear and potential danger. The law does not require intent to fire the weapon, making it a strict liability offense where the mere act of aiming can result in criminal charges.

Statutory Definition

• NRS 202.290 – Aiming a Firearm at a Human Being: The statute defines the offense as aiming a firearm at another human being, regardless of whether the individual intended to fire the weapon.

Key Elements

To secure a conviction for aiming a firearm at a human being, the prosecution must prove the following elements beyond a reasonable doubt:

1. Aimed the Firearm: The accused must have aimed a firearm directly at another person.
2. No Intent Required: It is not necessary to prove that the accused intended to shoot the firearm; merely aiming it is sufficient for the charge.

Related Offenses

Several offenses are related to or similar in nature to aiming a firearm at a human being:

1. Assault – NRS 200.471: Involves threatening or attempting to cause physical harm, which can include the use of a weapon.
2. Assault with a Deadly Weapon – NRS 200.471: Specifically addresses assaults involving a deadly weapon, such as a firearm.
3. Brandishing a Weapon in a Threatening Manner – NRS 202.320: Covers the act of displaying a weapon in a way that threatens or intimidates others.
4. Attempted Murder – NRS 200.030: Involves an attempt to kill another person, which can be linked to the use of a firearm.
5. Battery with Use of a Deadly Weapon – NRS 200.481: Covers physical harm inflicted with a deadly weapon, including firearms.

Examples

• Example 1: During a gathering, Jake is showing off his new handgun to friends. In the process, he inadvertently points the firearm at one of his friends. A concerned bystander reports the incident to the police, leading to Jake’s arrest under NRS 202.290 for aiming a firearm at a human being.
• Example 2: Sarah and her neighbor have a heated argument. In the midst of the confrontation, Sarah points her handgun at her neighbor to intimidate them. The neighbor reports the incident, and Sarah faces charges of aiming a firearm at a human being.
• Example 3: While on a hunting trip, Mark accidentally points his rifle at a fellow hunter while adjusting his aim. Although there was no intent to threaten, Mark is charged with aiming a firearm at a human being based on the incident.

Defenses to Aiming a Firearm at a Human Being

Several defenses can be utilized to contest charges of aiming a firearm at a human being:

• Misidentification: Demonstrating that the firearm was not aimed at a person or that witnesses were mistaken about the direction of the firearm.
• Non-Functioning or Toy Firearm: Proving that the firearm in question was a toy or non-functioning replica, which would not constitute a violation of NRS 202.290.
• Accidental Aiming: Showing that the aiming was accidental and not intended to intimidate or threaten. This may involve demonstrating that there was no intent to harm or scare the other person.

Potential Penalties

A conviction for aiming a firearm at a human being under NRS 202.290 results in a gross misdemeanor, with potential penalties including:

• Jail Time: Up to 364 days in the Clark County Detention Center.
• Fines: Up to $2,000.
• Criminal Record: A gross misdemeanor conviction can impact future legal and employment opportunities.

Criminal Defense for Aiming a Firearm at a Human Being

Joshua Tomsheck is a seasoned criminal defense attorney with extensive experience in handling cases involving firearms and violent crimes. As a National Board Certified Criminal Trial Advocate, Mr. Tomsheck is well-equipped to challenge the evidence and present a robust defense against charges of aiming a firearm at a human being.

If you are facing charges related to aiming a firearm at a human being, it is crucial to seek legal representation immediately. Contact the law firm of Hofland & Tomsheck at (702) 895-6760 to schedule a free consultation and discuss your case with an expert attorney.