In Nevada, under NRS 202.255, it’s illegal to set up what is commonly called a “trap gun.” This less-known statute specifically prohibits the installation of any trap, spring pistol, rifle, or other devices designed to act as deadly weapons. But why is this law crucial for your safety and legal wellbeing?
Setting a spring gun or similar trap can potentially lead to severe legal consequences. If the device is set and no one is injured, the offense is typically prosecuted as a gross misdemeanor. However, if setting the trap results in injury to someone, the charges can escalate to a felony, which carries more severe penalties.
Is It Against the Law to Set a Spring Gun in Nevada?
A “spring gun” is a term that may not be familiar to everyone, but it’s essential to know about, especially if you’re considering property protection strategies. A spring gun is essentially a firearm that has been altered and connected to a triggering mechanism, such as a string, which, when disturbed or tripped over by someone, causes the gun to discharge automatically.
The critical point to note is that in Nevada, it’s against the law to set up a spring gun. This legislation is in place to prevent injuries that can arise from such unpredictable and dangerous traps. However, nuances in the law allow for certain exceptions, which you can explore further in the section below of the legal text.
When Is It Allowed to Use a Spring Gun in Nevada?
The use of spring guns typically carries a heavy legal shadow, but you might wonder if there are ever lawful exceptions to their use in Nevada. Although setting a trap with a spring gun on your property for security purposes comes with strict legal prohibitions, there are specific, regulated circumstances where such a device might be legally deployed.
In Nevada, individuals who represent government agencies and are tasked with the control of certain wildlife may have the legal green light to set loaded spring guns or other lethal traps. These situations usually focus on the need to manage populations of:
- Coyotes
- Moles
- Gophers
- Other burrowing or predatory wildlife
However, strict regulations govern even these exceptions. Such devices must be placed at a safe distance—no less than 15 miles—from the limits of incorporated cities or unincorporated towns. Furthermore, before setting up these defenses, agency representatives must obtain explicit consent from individuals or entities that hold the rights to the land, including owners, lessees, or property administrators.
Why Does This Law Matter?
The purpose of this law is to protect individuals from unforeseen harm caused by hidden, automatic defense mechanisms that can cause serious injuries or even fatality. While the intent behind setting such a trap might be to protect property, the method poses significant risks to public safety, including emergency responders and unsuspecting visitors.
What Are the Legal Consequences of Setting a Spring Gun in Nevada?
In Nevada, using a spring gun as a security measure or trap on your property is not only fraught with moral questions but also with severe legal ramifications, especially if it leads to injury or death. The penalties for setting a spring gun in Nevada vary significantly depending on the outcome of the action.
When No Injuries Occur:
If a spring gun is set but results in no physical harm to anyone, the act is considered a gross misdemeanor. Those found guilty may face:
- Up to 364 days in jail
- Fines reaching $2,000
In the Event of Non-Fatal Injuries:
Should the spring gun cause injury but not death, the legal consequences escalate to a Category B felony, with potential penalties including:
- One to six years in Nevada State Prison
- Fines up to $5,000, subject to the judge’s decision
In Cases of Fatal Injury Not Classified as Murder:
A spring gun resulting in death, provided it does not meet the criteria for murder, still incurs severe penalties under a Category B felony, such as:
- One to ten years in prison
- Possible fines up to $10,000, at the judge’s discretion
If the Situation Constitutes Murder:
For instances where the spring gun’s deployment is deemed to have murderous intent, the act is classified as a Category A felony. This carries the most severe penalties, including:
- The possibility of the death penalty
- Life imprisonment without parole
- Life imprisonment with the possibility of parole after 20 years
- Fifty years in prison with eligibility for parole after 20 years
Can Firearm Offenses Impact Your Immigration Status?
Yes, offenses related to firearms, including setting a spring gun, can put non-citizens at risk of deportation. Non-citizens charged with any gun-related crime are strongly encouraged to seek immediate legal consultation. Successfully reducing or dismissing the charge can play a critical role in preserving the ability to stay in the U.S. Consulting with ATAC LAW, known for their expertise in such matters, is a crucial step in navigating these significant legal and immigration implications.
How Can I Defend Against Charges for Setting a Spring Gun in Nevada?
Facing charges for setting a spring gun in Nevada can be daunting. However, there are various defense strategies that an experienced attorney from ATAC LAW might employ to challenge such allegations. When charged, the following defenses could potentially be presented:
- Lack of Intent: One might argue there was no intention to set a spring gun or that the gun was set without awareness of its potential to cause harm.
- Mistaken Identity: Defense may claim the accused individual was wrongly identified as the person who set the spring gun.
- Permission from Landowner: If a spring gun was set for controlling wildlife, showing that there was proper permission obtained from the landowner or the individual with legal authority could be a strong defense.
- Lawful Use in Wildlife Management: Government agents or employees operating within the bounds of their duties and outside prescribed city limits may have the legal right to set such traps for controlling wildlife populations.
- Lack of Knowledge: The individual charged with the offense may not have known of the spring gun’s existence or might not understand the legal implications of setting such a device.
- No Harm Occurred: Demonstrating that the device was neither intended to cause harm nor resulted in injury may be a relevant point in reducing the severity of the charges.
- Legal Ownership and Use: If the spring gun was legally owned and used for a legitimate purpose within the confines of Nevada’s stringent laws, presenting evidence of such may negate criminal charges.
Can You Seal Your Record After a Spring Gun Conviction in Nevada?
In Nevada, the opportunity to seal a criminal record, especially following a conviction under NRS 202.255 (related to setting a spring gun), exists, but comes with specific waiting periods before you can initiate the process.
Waiting Periods for Sealing Records:
- Gross Misdemeanor: You must wait 2 years after the closure of your case.
- Category B Felony: The wait extends to 10 years post-case conclusion*.
- Dismissal: If your charges were dismissed, you’re eligible to apply for record sealing immediately.
Special Notes:
It’s important to note that the 10-year wait for a Category B felony assumes that NRS 202.255 is classified as a “crime of violence.” The Nevada Supreme Court has yet to provide a definitive ruling on this classification. Should NRS 202.255 not be considered a “crime of violence,” the waiting period may decrease to 5 years after case closure.
The endeavor to seal your record, from beginning to end, can span up to a year.
How can ATAC LAW Help?
Firearm laws can be challenging, but understanding your rights and obligations is essential. If you find yourself in a situation involving a spring gun or other defense mechanisms, don’t hesitate to seek professional legal help from ATAC LAW. We’re here to ensure your actions stay within the confines of the law, preserving your safety and that of those around you.
Are you facing charges related to the illegal setting of a spring gun, or do you have questions about how to legally protect your property? Contact ATAC LAW for expert legal counsel. Our team is dedicated to guiding you through the complexities of Nevada firearm laws to ensure your actions align with legal standards while keeping safety a top priority.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
