NRS § 202.290 – Aiming a Gun at a Human Being – Nevada Law

Nevada Revised Statute § 202.290 makes it a gross misdemeanor to aim a gun towards another human being. Penalties include up to $2,000 in fines and/or up to 364 days in jail, though it may be possible to get probation instead of incarceration.

Note that if you intended to place a person in fear, then prosecutors could file the more serious charge of assault with a deadly weapon.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding aiming a gun at a human being in Nevada:

• 1. Elements of NRS 202.290
• 2. Aiming vs. Assault
• 3. Losing Gun Rights
• 4. Defenses
• 5. Immigration Consequences
• 6. Records Seals
• 7. Related Crimes
• Frequently Asked Questions
• Additional Reading

1. Elements of NRS 202.290

For you to be convicted of aiming a firearm at a human being in Nevada, prosecutors have the burden to prove beyond a reasonable doubt that you willfully pointed a loaded or unloaded pistol, rifle, or revolver towards another person.

NRS 202.290 is a “strict liability” crime because your intentions do not matter. The willful act of aiming a firearm at a person is a crime even when you mean no harm and never intend to pull the trigger.¹

Example: Mike and Ben are horsing around at a Las Vegas firearm store. As a joke Mike draws a long gun, points it at Ben, and says, “Bang, bang, you’re dead!” Ben laughs at the stunt, but the store owner calls Las Vegas Metropolitan Police, who book Mike at the Clark County Detention Center for aiming a rifle at Ben. Here, Mike technically broke Nevada law simply by pointing the rifle at Ben. It does not matter Ben knew Mike was teasing.

NRS 202.290(2)

Although it is not the focus of this article, note that the second part of the NRS 202.290 statute prohibits willfully firing a gun, air gun or other weapon – or throwing a deadly missile – where any person might be endangered even if no injury results. As with aiming a gun at a human being, firing a gun in violation of NRS 202.290 is prosecuted as a gross misdemeanor.²

2. Aiming vs. Assault

In Nevada, prosecutors typically bring NRS 202.090 charges when the person you allegedly aim the gun at either:

• was unaware of it because they were turned away, sleeping, or otherwise distracted or
• knew that you had no intention of firing.

However, if the person you are aiming the gun towards fears for their safety, then the D.A. would likely charge you with assault with a deadly weapon under NRS 200.471(2)(b). This is a category B felony, carrying one to six years in Nevada State Prison and/or up to $5,000 in fines.³

3. Losing Gun Rights

A conviction for violating NRS 202.290 should not cause you to lose your gun rights. This is because a conviction is a gross misdemeanor, not a felony.⁴

Learn more about people prohibited from possessing firearms (NRS 202.360).

Aiming a gun at a human being becomes assault if the person fears immediate bodily harm.

4. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with gun crimes, including aiming a firearm at a human being. In our experience, the following four defenses have proven very effective with prosecutors, judges, and juries at getting NRS 202.290 charges reduced or dismissed.

1. You acted in self-defense. Nevada law permits you to fight back with proportional force in self-defense and defense of others. For instance, aiming a gun at a person is a lawful reaction to that person wielding a knife at you. As long as a reasonable person in your position would have aimed the gun in self-defense, criminal charges should not stand.
2. You never aimed the gun at a person. Perhaps the alleged victim falsely accused you or mistakenly believed the gun was aimed their way. Unless the D.A. can prove you aimed the gun at a person, then the NRS 202.290 charge should be dismissed. Helpful evidence in these cases includes eyewitness accounts and video surveillance.
3. You did not act willfully. Perhaps you had a medical episode like a seizure. Or perhaps someone bumped into you, resulting in the firearm momentarily being pointed towards a person. As long as the D.A. cannot prove your actions were deliberate, then the case should be dropped.
4. The gun was a toy or non-functioning replica. NRS 202.290 applies only to firearms, which excludes toys or non-functioning replicas. In these cases, we can use expert testimony to show the court that the object in question was not a real firearm.

Lack of willfulness is also a defense if the case involves the second part of the NRS 202.290 statute – discharging a firearm or other weapon where someone could get hurt. Perhaps the weapon was fired or detonated by accident. Or perhaps someone else caused the weapon to discharge. Unless you intentionally set off the firearm or weapon, the charge should be dismissed.

5. Immigration Consequences

Any firearm conviction makes a non-citizen vulnerable to deportation. Therefore, immigrants charged with aiming a gun at a person or firing a gun in public should retain an attorney right away.

Getting the charge reduced or dismissed may be the only way non-citizens can stay in the U.S.⁵

6. Record Seals

If you get convicted of violating NRS 202.290, you may petition to seal your Nevada criminal record two years after the case ends. Though if the charge gets dismissed, then you can petition for a seal immediately.⁶

NRS 202.290 prohibits aiming a firearm at another human being.

7. Related Crimes

• Assault (NRS 200.471) – Putting someone in reasonable apprehension of physical harm.
• Assault with a deadly weapon (NRS 200.471(2)(b)) – Committing assault with an object that could cause death, severe injury, or severe pain.
• Attempted murder (NRS 200.030) – Trying – and failing – to kill a human being.
• Battery with a deadly weapon (NRS 200.481) – Using unlawful physical force on someone with an object that could cause death, severe injury, or severe pain.
• Brandishing a weapon in a threatening manner (NRS 202.320) – Displaying a gun, knife, or other weapon in an intimidating or menacing manner.
• Discharging a firearm from vehicle or structure (NRS 202.297) – Maliciously or wantonly firing a gun from a car or building in a populated area.

Frequently Asked Questions

Can I be charged under NRS 202.290 if the gun was a toy or replica?

Generally, no. NRS 202.290 specifically applies to firearms. If you can prove that the object used was a toy or a non-functioning replica incapable of expelling a projectile, this can serve as a valid defense against the charge.

Is aiming a firearm at a human being a “strict liability” crime?

Yes in the sense that Nevada prosecutors do not need to prove you intended to pull the trigger or harm anyone. They only need to prove that you willfully pointed the weapon at a human being.

Does this law apply to hunting accidents, such as “flagging” a partner?

Yes, you can be charged even in a recreational setting. For example, if a hunter is adjusting their aim or handling a rifle and carelessly sweeps the muzzle across another person (often called “flagging”), this violates NRS 202.290. The lack of malicious intent does not exempt you from liability.

What if the firearm was broken or permanently non-functioning?

We may be able to convince the court that NRS 202.290 does not apply to weapons that are permanently inoperable. Arguably, “non-functioning firearms”—meaning they are mechanically incapable of firing—do not fall under the statutory definition of firearm. Though this is a grey area.

What is “accidental aiming” versus “willful aiming”?

It is important to distinguish between true accidents and negligence. If you aim a gun at someone because you tripped, had a medical episode, or were bumped, this is “accidental aiming” and therefore a valid defense to NRS 202.290 charges. However, if you were simply “showing off” a gun and did not realize where the muzzle was pointing, the law considers this “willful” conduct, and you can still be convicted.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• What’s Going Wrong in Nevada? A Comparative Analysis of California and Nevada Gun Control Laws as They Relate to Gun Violence – Claremont McKenna thesis
• State gun laws and the movement of crime guns between states – International Review of Law and Economics
• Guns in the Sky: Nevada’s Firearm Laws, 1 October, and Next Steps – Nevada Law Journal forum
• In-State and Interstate Associations Between Gun Shows and Firearm Deaths and Injuries – Annals of Internal Medicine
• The relation between state gun laws and the incidence and severity of mass public shootings in the United States, 1976–2018 – Law and Human Behavior

Legal References