What Happens if You Get Caught With a Ghost Gun in Nevada? Here’s What You Need to Know
Gun laws and gun regulations have been the subject of considerable, and often heated, debate in recent years. For firearm enthusiasts and even citizens worried about self-defense, understanding these laws is critical to avoiding problems with law enforcement authorities. Toward that end, the attorneys at The Vegas Lawyers explain what happens if you get caught with a ghost gun in Nevada.
What Is a Ghost Gun?
Although the term “ghost gun” is relatively new, the concept referred to by the phrase is not anything new. A “ghost gun” refers to a firearm without a serial number that has been put together by components purchased either as a kit or as separate pieces. In other words, instead of purchasing the firearm at a local gun store, the owner of the firearm purchased the individual pieces of the gun and put them together to create a fully functioning, and untraceable, firearm.
The ability to assemble a firearm from a kit or from individually purchased pieces is not something new. As long as firearms have existed, people have had the ability to put them together instead of purchasing a pre-assembled firearm. Both the untraceable nature of ghost guns and the concern that 3D printing technology makes is much easier to create the pieces necessary to assemble ghost guns have caused state and federal authorities to focus on legislation related to ghost guns.
What Happens If You Get Caught with a Ghost Gun in Nevada?
Because “ghost” guns are potentially untraceable, many states have enacted laws relating to the manufacture, sale, or possession of these firearms. Nevada enacted legislation that went into effect in 2022 that makes it illegal to “manufacture or cause to be manufactured or assemble or cause to be assembled a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law and any regulations adopted thereunder…” The only exceptions to this law are if the firearm has been rendered permanently inoperable, is an antique firearm, or has been determined to be a collector’s item.
It is also illegal under Nevada law (NRS 202.364) to possess, sell, offer to sell, transfer, purchase, transport or receive a firearm that is not imprinted with a serial number issued by a firearms importer or manufacturer in accordance with federal law. The same exceptions apply along with an exception for firearms manufactured prior to 1969.
Nevada’s 2022 ghost gun law was challenged on the grounds that it was “unconstitutionally vague.” In April 2024, the Nevada Supreme Court effectively upheld the constitutionality of the law, meaning that “ghost guns” continue to be illegal in the State of Nevada.
What Are the Potential Penalties for Violating Nevada’s Ghost Gun Laws?
If you are caught manufacturing, selling, transporting, or possessing a “ghost gun” in violation of the relevant Nevada statutes, you can be charged with a gross misdemeanor for a first offense. If convicted, you face up to 364 days in jail and/or a fine of up to $2,000. For a second or subsequent offense, you may be charged with a Category D felony, punishable by one to four years in prison and/or a fine of up to $5,000.
Are Ghost Guns Illegal Under Federal Law?
Not only do you risk violating Nevada state law if you are caught with a ghost gun in Las Vegas, but you may also be in violation of U.S. federal law. In 2025, the U.S. Supreme Court upheld a ruling that allows the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) to regulate “ghost guns” under the Gun Control Act of 1968. In essence, the Supreme Court ruling means that ATF can apply the same serial number, background check, and record-keeping requirements to gun making kits that have long been applied to traditional pre-assembled firearms.
What Should I Do If I Was Caught with a Ghost Gun in Las Vegas?
If you were caught with a ghost gun in Las Vegas, consult with the experienced Las Vegas criminal defense attorneys at The Vegas Lawyers as soon as possible to discuss your next steps. Call us at 702-707-7000 or contact us online.