Nevada Supreme Court: Toy Pistol is Not a Deadly Weapon
This week, Nevada’s highest court determined that toy pistols may not be considered “deadly weapons” for the purpose of enhanced sentencing. In a unanimous opinion, Chief Justice James Hardesty explained, “no rational trier of fact could have found beyond a reasonable doubt that the toy pellet gun used in this case was a deadly weapon” since toy guns are incapable of firing a metal projectile like real guns.
This ruling overturns part of Durand E. Berry’s convictions for robbery with the use of a deadly weapon and burglary while in possession of a deadly weapon in Las Vegas. In 2006, Berry allegedly held up a Las Vegas payday loan store by holding a toy pistol to an employee’s neck and telling her that she wouldn’t get hurt as long as she cooperated.
Although Berry’s enhanced sentencing convictions for robbery with the use of a deadly weapon and burglary while in possession of a deadly weapon in Las Vegas were overturned, the Nevada Supreme Court did find that Berry’s behavior regarding the loan store worker met the elements for open and gross lewdness.
