Nevada has had a law on the books since 1989 that makes possessing a BB Gun at a school or child care facility a crime. Here is the relevant language from that Nevada Revised Statute:
5. For the purposes of this section:
(a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.
(b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.
However, prosecutors have successfully argued before the Nevada Supreme Court that a BB gun should be considered a firearm and deadly weapon even when it is not carried in a school or child care facility. A dude named Funderburk robbed a Burger King with a BB gun. Last I checked, Burger Kings are not regarded as schools or child care facilities. Heck, Burger Kings don’t even have playgrounds like Mc Donalds have.
Nevertheless, our prosecutors convinced our Supreme Court Justices that Funderburk (the name is reminecent of the comic genius Don Martin’s cartoon characters), ought not just be charged and convicted of robbery, but robbery with a deadly weapon (aka firearm). The Supreme Court said that it did not see anything wrong with enhancing Funderburk’s crime since he used a BB Gun. See Funderburk v. State, 125 Nev. Adv. Op. No. 25, July 30, 2009.
After this decision, you might think twice about carrying a BB gun at all without having it registered or paying the concealed weapons permit tax.
If you have been charged with a weapons related crime, contact The Wright Law Offices immediately.
Copyright: August 20, 2009
By: Anthony M. Wright, Juris Doctor