Nevada Gun Laws Explained: Navigating Concealed Carry
The U.S. Constitution guarantees people the right to “keep and bear arms,” but the individual states have the right to enact and enforce laws relating to the ability to carry a concealed firearm. Violating Nevada’s concealed carry laws can result in serious criminal charges being filed against you that could result in you facing a lengthy term of imprisonment if you are convicted. To help you comply with Nevada’s gun laws, The Vegas Lawyers explain the Nevada gun laws that apply to concealed carry.
What Does “Conceal Carry” Mean?
In 1982, Nevada amended Article 1, Section 11 of the state Constitution to read “Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.” The right to bear arms, however, does have restrictions in Nevada. As a general rule, Nevada is an “open carry” state, meaning that anyone may carry a firearm on their person if the firearm is clearly visible. Conversely, carrying a “concealed” firearm is prohibited unless you have a permit. A “concealed firearm” refers to a loaded or unloaded handgun that is carried upon a person in such a manner as not to be discernible by ordinary observation. NRS 202.3653. The Nevada Attorney General’s Office has also issued an opinion clarifying that a concealed weapon can be carried on your person or in a container carried by you, such as a purse, briefcase, or bag.
Can I Be Arrested for Carrying a Concealed Firearm in Nevada?
Not only is it illegal to carry a concealed firearm in Nevada without the proper license, but you can be arrested and charged with a felony for doing so. NRS 202.350 makes it a Class C felony to carry a concealed firearm, subjecting you to a prison term of up to five years and/or a fine of up to $10,000 if charged and convicted of violating the Nevada gun laws applicable to concealed carry.
What Is a Conceal Carry Permit in Nevada?
Nevada, like many other states, does not completely prohibit carrying a concealed firearm; however, you must have a valid concealed carry permit to carry a concealed weapon. To obtain a concealed carry permit, you must apply in the county where you are a resident or the county where you received training if you are an out-of-state resident. You must also be 21 years of age or older or 18 years of age or older and be active in the military or have received an honorable discharge. Finally, you must be able to lawfully possess a firearm and successfully complete an approved firearms course taught by a certified Nevada CCW instructor inside the state of Nevada. Your application for a concealed carry permit may be denied for a variety of reasons, including, a conviction of a felony, admission to a mental facility within the previous five years, or a conviction for domestic violence.
What Does It Mean to Be a “Shall” Issue State?
Nevada is a “shall” issue state when it comes to concealed carry permits. The “shall issue” law was enacted to provide uniformity within the concealed carry application and approval process. Prior to modifying the law to make Nevada a “shall issue” state, each individual county reviewed and approved or denied applications, leading to a noticeable disparity in the criteria used to approve or deny applications across the state. The “shall issue” law effectively makes it so that an applicant who meets all requirements and who does not have any statutory disqualifying factors, must be issued a concealed carry permit.
What Should I Do If I Have Been Charged with Violating a Nevada Concealed Carry Law?
If you were arrested and charged with violating Nevada’s concealed carry law, consult with an experienced criminal defense attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.