NRS § 202.287 prohibits wantonly or maliciously shooting a gun from inside a vehicle or structure in Nevada such as a house, office building, or even a tent.
If you are in a populated area, firing a gun is a felony carrying one to 10 years in prison and/or up to $5,000. Otherwise, discharging a gun is a misdemeanor carrying up to six months in jail and/or $1,000.
In this article, our Las Vegas criminal defense attorneys discuss the following topics re. shooting guns from cars or buildings.
Note that firing a gun at or into a car or building is an entirely separate crime in Nevada. Learn more about shooting a firearm at a vehicle or structure (NRS 202.285).
Maliciously shooting a gun from a car or structure is a crime in Nevada
1. Elements
Under NRS 202.287, it is a Nevada crime to “maliciously or wantonly” fire a gun – or cause a gun to be fired – from inside a structure or vehicle.
It does not matter whether the bullet stays within the structure or vehicle or is shot out of the structure or vehicle. Nor does it matter whether you are on top of, underneath, or inside the structure or vehicle.
Meaning of “Structure”
“Structure” includes any kind of temporary or permanent structure such as the following:
- tents
- houses
- rooms
- apartments or tenements
- shops, stores, or warehouses
- mills, barns, or stables
- outhouse
- any other building
Meaning of “Vehicle”
“Vehicle” means any motor vehicle – or trailer designed for use with a motor vehicle – whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires. In short, any
- car,
- truck,
- motorcycle,
- trolley, or
- train.1
Additional Charges
If you are charged with maliciously or wantonly discharging a firearm, you will likely face additional related charges.
Example: Bob drives to the street of a rival gang and shoots a gun into the air. Here, Bob would probably be charged not only with violating NRS 202.287 for shooting a gun from inside his car but also for reckless endangerment for shooting the gun into the air. Furthermore, Bob’s prison sentence will be increased because his actions were in furtherance of a gang. Plus if Bob carried the gun in a hidden manner without a valid CCW permit, he could be charged with carrying a concealed weapon as well.
Also see our related articles on drive-by shooting laws and discharging a weaponized drone (NRS 493.106).
2. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with firearm crimes like NRS 202.287 violations. In our experience, the following five defenses have proven very effective with judges, juries, and prosecutors.
- There was no maliciousness or wantonness: If you shot the gun only negligently or accidentally, then you are not guilty of this offense. For instance, accidentally pulling the trigger while cleaning a gun does not violate NRS 202.287.
- You acted in self-defense: Shooting a gun from any location is not a crime if you were acting in accordance with Nevada self-defense laws. As long as we can show that you were in reasonable fear of being killed or severely injured, then the D.A. should drop the gun charges.
- You were lawfully hunting: If you are hunting, you may fire guns from cars or structures while abiding by NRS 503.010(2).
- You were a peace officer: If you are a law enforcement officer, you may shoot weapons from any location while you are engaged in the performance of your official duties.
- You fall under a legal exception. Firing guns from a car or building is not a crime if done legally in the course of a lawful business, event or activity. An example may be at a licensed shooting range.
3. Penalties
Shooting a gun from a structure or vehicle that is not within a legally recognized populated area is only a misdemeanor in Nevada. The sentence includes a maximum of:
- 6 months in jail, and/or
- $1,000 in fines.
If the structure or vehicle is within a statutorily recognized populated area, then violating NRS 202.287 is a category B felony in Nevada. The sentence includes:
- 1 to 10 years in prison, and/or
- up to $5,000 in fines.
In addition, a felony conviction of shooting a gun from a car or building divests you of the right to own, possess, or have custody or control over a firearm.2 The only way you can regain your gun rights is through a Nevada pardon.
Under NRS 202.287, shooting in a crowded urban area carries harsher penalties than shooting on undeveloped land where no people reside.
Additional Resources
For more information, refer to the following:
- Gun Safety Rules – National Rifle Association
- Firearms Q&As – Bureau of Alcohol, Tobacco, Firearms and Explosives
- Out-of-State Carry Concealed Weapon Permit Recognition – Nevada State Police Records, Communications and Compliance Division.
- Nevada Gun Laws: A Complete Guide – Giffords Law Center.
- National Instant Criminal Background Check System (NICS) – Federal Bureau of Investigation
Legal References
- NRS 202.287 – Discharging firearm within or from structure or vehicle; penalties.
1. A person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm within or from the structure or vehicle:
(a) If the structure or vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.
(b) If the structure or vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 years and a maximum term of not more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
2. If a firearm is discharged within or out of any vehicle that is in motion or at rest and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vehicle may have run on the trip during which the firearm was discharged.
3. The provisions of this section do not apply to:
(a) A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010.
(b) A peace officer while engaged in the performance of his or her official duties.
(c) A person who discharges a firearm in a lawful manner and in the course of a lawful business, event or activity.
4. As used in this section:
(a) “Structure” means any temporary or permanent structure, including, but not limited to, any tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building.
(b) “Vehicle” means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires. - NRS 202.360 – Ownership or possession of firearm by certain persons prohibited; penalties.