An ordinance approved by the Winnemucca City Council at their regular meeting on Oct. 10, with all members present, will help enhance the charge for illegally discharging a weapon within City limits from a misdemeanor to a felony.
Nevada Revised Statute 202.287 makes it a crime in Nevada to “maliciously or wantonly” fire a gun from inside a structure or vehicle but clearly states that “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,” that person “is guilty of a misdemeanor.”
Without the designation from the City, an individual cannot be charged with more than a misdemeanor, even if it is clear that their intent was to cause harm.
“NRS [202.287] already covers illegal or prohibited discharge of a firearm but because we don’t have a populated area designation in ordinance or municipal code, then any illegal discharge of a firearm is just a misdemeanor,” explained Winnemucca Police Department Chief Mike Rangel.
Chief Rangel clarified during the meeting that this ordinance pertains predominantly to the prohibited discharge of weapons, as there are situations where it is legal to fire weapons within the limits, such as in self defense, lawfully shooting at a game mammal or game bird as a licensed hunter, dispatching a sick animal, as an on-duty law enforcement officer, or any other “course of a lawful business, event or activity” as defined further by NRS.
Identifying the intent of the person that fired the weapon can be taken into consideration, so any malicious intent can have appropriate consequences, as local law enforcement has seen an uptake in drive-by type incidents, according to City officials.
City Attorney Kent Maher said “All we are doing is declaring [the city] a populated area to give law enforcement the tools they need.”
In other Council news:
• The Council approved a request allowing for continued operations and services at the Winnemucca Municipal Airport by the Bureau of Land Management (BLM) to construct a Single Engine Air Tanker (SEAT) Base, important in fighting wildfires so that aircraft can be loaded with fire retardant, as the current lease of the expansion project site with the BLM expired.
•The Council also approved a request to enter into an agreement for professional services from Armstrong Consulting for the design and engineering of the SEAT Base, which will cost $470,840 based on estimates by Armstrong and be reimbursed to the City by the BLM.
• A request to close Bridge Street from First Street to Fifth Street on Oct. 28 12 p.m. to 9 p.m. for the Chamber Business Trick or Treat by the Humboldt County Chamber of Commerce and the Haunted Bridge Street event by the Humboldt Museum was approved.
According to officials there is expected to be over 700 trick or treaters and even more out in the area for the Bridge Street event and the closure is appropriate for everyone’s safety.
• A variance to decrease the required side yard setback from 5 feet to 4 feet at a property on Garrison Street was approved.