Firing Guns into Structures or Vehicles – Nevada Law – NRS § 202.285

NRS § 202.285 is the Nevada gun law that makes it a crime to willfully and maliciously discharge a firearm at or into any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender.

In short, Nevada law prohibits willfully and maliciously firing a gun into a building or vehicle.

Penalties:

• If the building or vehicle is occupied:  A category B felony carrying 1 to 10 years in Nevada State Prison and/or up to $5,000.
• If the building or vehicle is abandoned:  A misdemeanor carrying up to 6 months in jail and/or up to $1,000.

Defenses:

• No willfulness or maliciousness
• Firearm malfunction
• No shooting at a building or vehicle
• Mistaken identity
• Self-defense

In these cases, we look closely at what happened before the gun went off, where the shot was aimed, and whether witnesses could reliably identify the shooter. We also examine whether the discharge was accidental or you were defending yourself from a serious threat. These details help us assess the evidence against you and identify grounds to seek a reduction or dismissal of the charges.

In this article, our Las Vegas criminal defense attorneys explain the following key issues regarding the Nevada crime of shooting a gun into a building or vehicle:

• 1. Elements of NRS 202.285
• 2. Penalties
• 3. Defenses
• 4. Record Seals
• 5. Immigration Consequences
• 6. Gun Rights
• 7. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements of NRS 202.285

For you to be convicted of violating NRS 202.285, Nevada prosecutors have the burden to prove beyond a reasonable doubt that you willfully and maliciously fired a gun at or into a

• structure,
• vehicle,
• aircraft or
• watercraft.

It makes no difference under state law if the bullet never reaches the structure or vehicle.

Example: One night John gets angry and shoots a handgun at his ex-girlfriend’s house. The bullet instead hits a lamp post and ricochets onto the street.

A law enforcement officer from the Las Vegas Metropolitan Police Department immediately arrests John for maliciously discharging a firearm at a structure. The fact he missed makes his action no less unlawful.

Note that you face a separate charge for each bullet fired, even if you discharge them in quick succession. So firing ten bullets would invite ten individual charges for discharging a firearm.¹

2. Penalties

Under NRS 202.285, discharging a firearm at an occupied building or vehicle is a category B felony carrying one to 10 years in Nevada State Prison and/or up to $5,000. Therefore, the judge has the discretion to order only a fine and not incarceration. The judge can also grant probation in lieu of prison.

Note that a structure can be “occupied” even if no one is inside the building or vehicle at the time; what matters is that it has not been “abandoned”.

Meanwhile, shooting a gun at an abandoned building or vehicle in Nevada is a misdemeanor carrying up to six months in jail and/or up to $1,000 (unless a greater penalty applies under NRS 202.287).²

3. Defenses

Here at Las Vegas Defense Group – Criminal & DUI Attorneys, we have represented literally thousands of people charged with gun crimes, including shooting firearms into structures or vehicles. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries in getting NRS 202.285 charges reduced or dismissed.

1. Gun was not fired at a structure or vehicle. Perhaps you actually fired the gun at an open field, a lake, or the sky. If the police cannot find a bullet that matches your gun, the D.A. may have insufficient evidence to show you actually fired at a building or vehicle.
2. There was no willful or malicious behavior. Accidentally or negligently firing a gun at a structure or vehicle does not violate NRS 202.285. If we can show that you never meant to discharge the weapon, the case should be dropped.
3. You are a victim of mistaken identity. In many of these cases, shots are fired at night or from a distance, making eyewitness identification unreliable. Arguing that the police arrested the wrong person—or providing an alibi showing you were elsewhere—is a strong defense.
4. The firearm malfunctioned. If a gun discharges due to a defective trigger mechanism rather than a willful trigger pull, the “malicious” intent element of the crime is absent. We can hire forensic experts to show that the gun was defective.
5. You acted in lawful self-defense. You are allowed to fire a gun in self-defense if you reasonably believe shooting is necessary to protect yourself from imminent death or great bodily harm.

Example: Alan is walking down the street in Henderson when a man suddenly jumps him. Alan pulls out his gun and shoots the man, though some of the bullets miss and go into one of the parked motor vehicles on the street. Here, Alan should not be convicted if the court finds he behaved reasonably under the circumstances.

4. Record Sealing

If you are convicted of violating NRS 202.285 as a category B felony, the waiting period to get a record seal can be five or 10 years depending on whether it is considered a “crime of violence.” Your attorney should review which rule applies. Either way, the waiting period begins when you are released from actual custody or discharged from parole or probation, whichever happens later.

For a misdemeanor conviction under NRS 202.285, the usual waiting period is one year after release from actual custody or the end of a suspended sentence, whichever happens later.

Note that if your case is dismissed, you can immediately petition for a record seal.³ Learn more about sealing Nevada criminal records.

5. Immigration Consequences

Most gun crimes are potentially deportable under federal law.⁴ So if you are a non-citizen charged with discharging a gun into a structure or vehicle, be sure to hire an attorney to try to get the charge dropped or changed to a non-deportable offense.

6. Gun Rights

A category B felony conviction prohibits you from possessing firearms.⁵ Unless that conviction gets overturned, the only possible way to restore your gun rights in Nevada is through a Nevada pardon for that conviction.

A record seal alone does not restore gun rights, and a pardon does not remove any separate state or federal firearm ban that applies to you.

7. Related Offenses

Shooting from a Car or Building

Shooting a gun from a car or building (NRS 202.287) can be a category B felony or a misdemeanor, depending on whether you are in a populated area as designated by local law. The penalties are identical to those for shooting a gun at a car or building.

Discharging a Firearm in Public

Under NRS 202.280, it is a misdemeanor to maliciously, wantonly, or negligently discharge a gun on a public street or in a place of public resort, unless a greater penalty applies under NRS 202.287. This rule applies whether you are sober or intoxicated.

Brandishing a Weapon

NRS 202.320 makes it a misdemeanor to draw a deadly weapon in a threatening manner in front of two or more human beings. Though if you put someone in fear of immediate bodily harm, you instead would face charges for assault with a deadly weapon – a felony.

Assault with a Deadly Weapon

As it sounds, assault with a deadly weapon (NRS 200.471(2)(b)) is using a firearm, knife, or other deadly weapon in an attempt to strike a victim or place them in fear of immediate bodily harm. This is always a felony.

Reckless Endangerment

If we successfully argue that a shooting was not “willful and malicious,” the prosecution might still try to pin you with a charge for reckless endangerment (NRS 202.595). This is the act of disregarding a substantial and unjustifiable risk to human life.

Frequently Asked Questions

Does it matter if I did not know anyone was inside the building or car?

Not knowing someone was inside does not automatically excuse the shooting or reduce it to a misdemeanor. NRS 202.285 distinguishes occupied property from abandoned property, and it does not expressly require proof that you knew someone was inside.

Shooting at occupied property is a category B felony; shooting at abandoned property is a misdemeanor unless a greater penalty applies under NRS 202.287.

Our defense team can investigate the property’s status and challenge the prosecution’s evidence. However, a building or car is not necessarily abandoned just because nobody was inside at the time.

Can I be charged if I shoot into my own house or car?

Yes. NRS 202.285 does not require the property to belong to someone else.

If you maliciously discharge a firearm into your own occupied home or vehicle—for example, during a domestic dispute or a fit of rage—you can still be charged with a category B felony. The law is designed to protect human life and public safety, not just property rights.

What happens if someone is actually injured or killed by the bullet?

NRS 202.285 only covers shooting at the structure itself, regardless of whether anyone is hit. However, if your bullet strikes and injures someone inside the vehicle or building, you may face additional charges, depending on the circumstances, such as battery with a deadly weapon or attempted murder.

If the person dies, you could be charged with murder, which carries a potential life sentence. Attempted murder requires proof of an intent to kill; an injury alone does not establish that intent. Attempted murder charges are also possible even if nobody is injured.

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

See our related articles on altering a gun’s serial number, violating a restraining order, possession of a firearm by a felon, and concealed weapons/concealed firearms (CCW permits).

Legal References