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Can a B.B. Gun be Considered a Firearm Under Nevada Law?

Ordinarily, a B.B. Gun is not a firearm or deadly weapon under Nevada law.  Under certain limited circumstances, a B.B. Gun can be treated as a firearm or deadly weapon. 

In Nevada, a firearm is defined by NRS 202.253, which states: "any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion."  Since nearly all B.B. guns use springs to propel the B.B., rather than an explosion or combustion, B.B. guns are not ordinarily considered firearms under Nevada law.

One notable exception is for certain offenses committed on school property.  NRS 202.265 is the statute that prohibits possession of a dangerous weapon on the property of a school or child care facility.  NRS 202.265 has a broader definition of "firearm" that applies to that offense.  That section defines "firearm" as: "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."  Therefore, a B.B. gun would qualify as a "firearm" for the offense of possession of a dangerous weapon on school property.

If you or someone you know is charges with a firearm offense, it is important to contact a Las Vegas Criminal Defense Attorney right away.  Firearm offenses are considered extremely serious and many firearm offenses carry substantial mandatory prison sentences in a state or federal correctional facility.  A Las Vegas Criminal Defense Lawyer can assist you in analyzing the facts of your case, identifying applicable defenses and developing an aggressive defense strategy to protect your rights.

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