What the Bill Changes
AB199, sponsored by Democratic Assemblymember D’Silva, makes three major changes to Nevada’s gun laws that should concern every gun owner:
- It removes the words “maliciously” and “wantonly” from existing law, leaving only “negligently” as the standard for criminal charges.
- It increases penalties from a misdemeanor to a Category C felony for a first offense, and a Category B felony (2-15 years in prison) for subsequent offenses.
- It dramatically increases penalties for minors who possess firearms.
Understanding “Negligently” Under Nevada Law
The term “negligently” in Nevada law regarding firearms means a lack of attention to the nature or probable consequences of an action. This is a much lower standard than “maliciously” or “wantonly,” which require harmful intent.
Under this new standard, legitimate activities could be reinterpreted as “negligent” by prosecutors, even when nobody gets hurt. The bill applies to discharging a firearm “in any place where any person might be endangered” – which, given the range of modern firearms, could potentially mean almost anywhere.
Most hunting rifles can shoot over a mile, which means almost any outdoor location in Nevada could potentially fall under this law. This vague wording creates tremendous uncertainty for hunters, sport shooters, and firearms instructors who follow proper safety protocols.
The Problem with Vague Standards
What’s particularly concerning is that “negligence” is often in the eye of the beholder. Under current law, prosecutors must prove someone acted with malicious intent. Under AB199, normal shooting activities could be deemed “negligent” based on a prosecutor’s subjective interpretation, not actual dangerous behavior.
For example, a hunter who follows all safety rules but fires in a direction a prosecutor later claims “might have endangered” someone far away could face felony charges. The law creates a standard so broad that selective enforcement becomes almost inevitable.
The Children’s Provision Is Especially Harsh
The bill makes significant changes to how minors who handle firearms are treated under the law. Here’s what changes:
Current law for minors under 18 who handle or possess a firearm in violation of NRS 202.300:
- First offense: 200 hours of community service and driver’s license suspension up to 1 year
- Second offense: 200-600 hours of community service and driver’s license suspension between 90 days and 2 years
Under AB199:
- First offense: Between 200-600 hours of community service and driver’s license suspension between 90 days and 2 years
- Second offense: Confinement in secure juvenile detention facilities and any other “punitive measures” the court deems appropriate
This means a teenager who handles a firearm without direct supervision twice could end up in juvenile detention, even if they were following safety rules and no one was injured.
A Solution Looking for a Problem
What’s particularly concerning about AB199 is that it seems to be addressing a problem that doesn’t exist. Nevada doesn’t have a crisis of people accidentally discharging firearms. This bill appears designed primarily to create new criminals out of law-abiding citizens who make mistakes.
Existing laws already punish truly dangerous behavior. This bill simply lowers the bar for what constitutes a crime while simultaneously increasing the penalties.
Why This Matters to Limited-Government Supporters
This bill represents a significant expansion of government power into the lives of law-abiding citizens. By removing the requirement for malicious intent, it creates a situation where responsible gun owners could face life-changing felony charges based on a prosecutor’s subjective interpretation of “negligence.”
The vague language invites selective enforcement and arbitrary prosecution. In practice, this could mean prosecutors targeting certain gun owners based on political considerations rather than actual dangerous behavior.
For conservatives who believe the government should focus on punishing actual harmful behavior rather than creating ambiguous standards that criminalize lawful activity, this bill moves in exactly the wrong direction.
Take Action
The Assembly Judiciary Committee hearing is scheduled for Friday, March 28 at 8:00 AM in both Carson City and Las Vegas.
You can provide testimony in person, call in at (888) 475-4499 with Meeting ID 84826917736, or submit written comments through the legislative website.
If you believe the government should focus on actual criminals rather than turning law-abiding citizens into felons, now is the time to speak up.
This article was written with the assistance of AI. Please verify information and consult additional sources as needed.
