In the state of Nevada, there are extensive rules and restrictions on weapons, including tear gas bombs. If you are found to be in violation of any of these rules or restrictions, you can face serious legal consequences. You could be tried for a felony, gross misdemeanor, or misdemeanor offenses depending upon the specific offense you have been accused of – which means that you could potentially be sentenced to a lengthy jail sentence and have your rights to own firearms restricted going forward.
It’s important to understand the different laws governing and limiting the sale, ownership, manufacture, possession, and use of weapons so you can act within the bounds of the law. If you have been accused of failing to follow state laws on weapons, you also need to understand exactly what the elements are of the crime you have been accused of committing, as the prosecutor must prove each element of the crime for you to be convicted. If you can introduce reasonable doubt as to whether you committed any of the required parts of the offense, you should not be found guilty of the crime you’ve been accused of committing.
Laws on weapons are found within Chapter 202 of Title 15, which is the chapter of Nevada’s penal code dealing with offenses against public health and safety. There is a subsection within Chapter 202 that contains numerous statutes regulating tear gas bombs and similar weapons. If you have been accused of violating any of the rules in connection with these tear gas bombs or weapons, contact LV Criminal Defense today to find out how a Vegas defense lawyer can help you to fight for your rights.
Within Chapter 202, the subsection of the law establishing rules, crimes, and penalties associated with tear gas and bombs includes Nevada Revised Statute section 202.370 through Nevada Revised Statute section 202.440.
Nevada Revised Statute section 202.370 sets forth the definitions that are applicable throughout the statutes related to tear gas bombs and weapons. According to N.R.S. 202.370,
• Tear gas is defined to include all liquid, all gaseous substances, and all solid substances that are intended to cause temporary physical discomfort or that are intended to cause permanent injury as a result of being vaporized or as a result of otherwise being dispersed into the air. Tear gas does not include liquids, gaseous substances, or substances comprised of natural substances or comprised of products made from natural substances that do not cause any permanent injury as a result of being vaporized or as a result of otherwise being dispelled into the air.
• Shell, cartridge, and bomb are defined to include any shells, cartridges, or bombs that can be discharged or that can be explored and that will cause the emission of tear gas or will permit the release or emission of tear gas.
• A weapon designed for the use of such shell, cartridge, or bomb, is defined to include riot guns and any other type of fixed or portable device that is intended to project or release tear gas. However, the term weapon, for the purposes of the statute found within the tear gas subsection, does not include shells, cartridges, or bombs that are sold with firearm ammunition.
Other statutes within the tear gas subsection govern the circumstances under which tear gas bombs or tear gas weapons are permitted and the penalties that can result if a person has such items without lawful justification for doing so.
For example, according to N.R.S. 202.440, it is unlawful to knowingly sell, offer for sale, possess, or transport any shell, cartridge, or bomb that contains tear gas or that is capable of emitting tear gas. It is also unlawful to knowingly sell, offer for sale, possess, or transport, any weapon that is intended to be used with shells, cartridges, or bombs that transmit tear gas, except as permitted by Nevada laws set forth in N.R.S. 202.370 through N.R.S. 202.440.
If a person is found guilty of a violation of N.R.S. 202.440 and has no past convictions, the defendant will be found guilty of a gross misdemeanor offense. If a person who has previously been convicted violates N.R.S. 202.440 by having, possessing, or knowingly selling cartridges or bombs containing tear gas or by knowingly having, possessing, or selling weapons that are capable of distributing tear gas, the convicted person can be charged with a Category B felony for a repeat offense.
The minimum prison term that will be imposed for conviction of a Category B felony violation of N.R.S. 202.440 is a period of one year. The maximum term of imprisonment for this Category B felony is six years of imprisonment. A defendant with prior convictions who is convicted of a category B felony can also be fined up to $5,000 in addition to the prison sentence.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
If you are charged with an offense because you’ve been accused of breaking the law in connection with tear gas bombs or other weapons, the Nevada criminal lawyers at LV Criminal Defense can help you to put together a sound legal strategy. Our firm will help you to determine, based on the strength of the evidence against you and the defenses available to you, whether you should aim to negotiate a plea agreement or whether you should try to fight for acquittal in court.
At LV Criminal Defense, our Vegas defenses team has strong negotiating skills, which means we can often help defendants strike favorable deals with prosecutors so you can face a reduced charge or a lesser sentence as part of a plea agreement. We can also fight on your behalf in court, as we have extensive trial experience. To find out more about how our firm can assist you in fighting for your rights, give us a call today.