EVERYTHING YOU NEED TO KNOW ABOUT NEVADA’S FIREARM AND WEAPONS LAWS
February 3, 2022
Are you currently facing weapons charges in Nevada? If so, working with a Las Vegas weapons defense lawyer can greatly increase the chances of getting your case dismissed, reducing charges, or receiving less severe penalties.
It’s important to note that if you’re convicted of weapons or gun offenses in Nevada, you could face prison time, fines, and a criminal record. A proven gun lawyer understands the implications of a conviction and will use their knowledge, experience, and savvy to fight for your freedom and protect your rights.
Contact The Vegas Lawyers (“TVL”) today at (702) 707-7000 for a free initial consultation with a proven firearm and weapons defense attorney in Nevada. We respect the 2nd Amendment of the United States Constitution, and we will fight for your rights.
Nevada law regards a “weapon” as an object used to attack another person or defend oneself in an altercation. That generally includes almost all objects used to strike another person in an attempt to cause injury, death, or property damage. For example, Nevada gun laws directly reference the following objects (among others) as weapons:
- Firearms (i.e., Glock, AR-15, 9mm pistols, etc.)
- Knives, swords, machetes, and blades
- Baseball bats
- Brass knuckles
Continue reading to learn the answers to commonly asked questions like, “Can a felon own a gun?” and “How long before a convicted felon can own a gun?” At TVL, we’re here to help, educate and represent.
Nevada’s Definition Of A Concealed Weapon
According to Nevada’s concealed weapons law located at NRS 202.350, a weapon is considered “concealed” if it is not readily noticeable by regular observation. For example, a gun hidden under your car seat is considered “concealed.” If you’re facing concealed weapons charges, it’s in your best interest to speak with an experienced concealed weapons lawyer as soon as possible.
The Nevada firearm laws regard a “firearm” as any object (machinery, device, etc.) created for use as a weapon that shoots bullets through a gun barrel via explosion or combustion. That can include automatic rifles, 3-D printed guns, pistols, etc. It’s essential to note what constitutes a firearm in Las Vegas because that definition can play a critical role in cases involving an assault while using a deadly weapon.
What is assault with a deadly weapon in Nevada?
According to NRS 200.471, an individual can be convicted of assault with a deadly weapon if:
- The defendant attempts to use illegal force against another person, or
- The defendant knowingly placed another person in reasonable fear of bodily injury and
- The defendant used a deadly weapon in the commission of 1 or 2 above.
Who Can Own A Gun: Generally, Nevada gun laws allow anyone 18 or over (who isn’t prohibited from possessing a gun) to own a firearm. However, there are many restrictions and rules for individuals seeking a Concealed Carry Permit (CCW) in Nevada. For example, you must be at least 21 years old to apply for a CCW.
Who Can’t Own A Gun: Although the 2nd Amendment of the U.S. Constitution guarantees the “right to bear arms,” there are limitations. The following categories of individuals are prohibited from gun possession in Nevada:
- Unsupervised children (under 18)
- Individuals with a felony conviction, so long as they were sentenced (served or suspended) to more than 365 days imprisonment
- Individuals using certain drugs or suffering from chemical addiction
- Those evading arrest or otherwise fugitives of the law
- People with a professionally diagnosed mental illness
Individuals prohibited from having a gun face strict penalties for gun possession in Las Vegas. A conviction for violating Las Vegas gun laws can lead to prison time, fines, and a lifelong criminal record.
The Nevada and Las Vegas concealed carry laws stipulate that an individual must meet certain conditions before being eligible for a CCW permit. Nevada CCW applicants must meet the following requirements:
It’s also important to note that a CCW applicant can be denied for various reasons like past felony convictions, domestic abuse charges, violent crimes, diagnosed mental health conditions, and much more.
What is the charge for carrying a concealed weapon?
Individuals charged with carrying a concealed weapon without a permit face category C felony charges, up to five years in prison, and extensive fines if convicted.
Similar to concealed firearms, Nevada requires individuals to have a permit for non-firearm concealed weapons. That means that concealing a dangerous or deadly weapon without a permit can lead to serious penalties. Individuals interested in a non-firearm concealed weapons permit can contact their local Sheriff’s office and apply within that office. It’s important to note that the Sheriff can deny your application for various reasons.
Most gun sales and transfers in Nevada require a background check. Further, individuals who wish to carry a concealed weapon must meet certain requirements (including potential investigation). However, gun registration in Nevada is not currently required.
Nevada’s gun laws allow firearms in most places, but there are some important restrictions. Other than a few exceptions, guns are not allowed in the following places in Nevada:
- Schools and daycare centers (including colleges and universities in most cases)
- Jailhouses or prisons
- Post offices
- Federal buildings and facilities
If you’re unsure of places where guns are allowed in Las Vegas, it’s recommended that you consult with an experienced gun rights lawyer before you make a mistake that could cost you your freedom.
Individuals facing weapon or firearm charges can face severe penalties if convicted. Depending on the circumstances of the case, defendants may be charged with a misdemeanor offense or felony. If found guilty, punishment can include the following:
- Jail or prison time
- Criminal record
- Loss of gun rights
It’s also important to note that using a gun in the commission of another crime can result in aggravated charges, leading to harsher penalties.
Before owning a gun, it’s essential to equip yourself with every resource you can. Otherwise, you may be subject to breaking the law and facing severe consequences. With that in mind, we’ve provided a few important resources below for gun owners. Here’s a link to where you can find out more information about Nevada Gun Laws: NRS 202.253 – 202.369. And here’s a link to where you can learn more about Firearms Background Check Information: Brady Handgun Violence Prevention Act.
Individuals interested in obtaining a concealed firearm permit in Clark County are encouraged to visit the Las Vegas Metropolitan Police Department’s website for information regarding classes, fees, and additional requirements. It’s essential to note that unknowingly violating Las Vegas’s concealed carry laws is not a viable excuse. Individuals who don’t adhere to concealed carry laws may face severe penalties.
If you’re interested in obtaining a CCW permit, Clark County provides a list of approved concealed carry firearm instructors on their site.
Many gun owners want to be sure about how to sell firearms in Las Vegas (legally), so they don’t run afoul of the law. Before selling a gun in Nevada, you should keep the following in mind:
- Making a firearm transaction with an individual who is prohibited from owning a gun can lead to felony charges.
- Nevada requires businesses and private gun sellers to administer a “point of contact” background check for most gun sales and transfers.
It’s important to note that weapon and firearm sellers can only be convicted of selling a firearm to a prohibited person if they knew the individual was prohibited from owning a gun but sold it to them anyway.
Nevada has CCW reciprocity with specific states. If your state is not mentioned on the list, your CCW permit is not valid in Nevada. Nevada CCW reciprocity allows individuals who have active concealed weapons permits in their home state to carry a concealed weapon in Nevada. However, individuals must maintain a photo I.D. and their out-of-state permit on them while carrying a concealed weapon in Nevada.
Can I get a CCW if I have a misdemeanor?
Some misdemeanor convictions still allow individuals to own a Nevada CCW permit. However, a few disqualifiers include the following:
- Domestic violence convictions
- Convictions of crimes involving the use of force (within three years)
- DUI convictions (within five years)
- Individuals convicted of a misdemeanor who are on parole or probation
Gun safety in Nevada is a top priority. With that in mind, Nevada advocates for responsible gun ownership and use. For example, it’s unlawful to use a gun (or other weapons) to frighten or threaten another person, shoot from or at buildings and vehicles, or recreationally fire a weapon into the air. That’s why every person applying for a CCW permit must complete a firearm safety course to learn about the overall importance of gun possession, ownership, use, and safety.
Author: Tony Abbatangelo, Esq.
Anthony “Tony” L. Abbatangelo Esq. is a smart, compassionate attorney that knows how to get results and is no stranger to the courtroom. Tony and his team are ready to assist you with your criminal and DUI defense.