Gun Laws Enforcement in Las Vegas, Nevada

Nevada gun laws regulate the purchase, ownership, and carrying of firearms in the state. State law does not require permits to purchase or possess firearms. Furthermore, Nevada allows adults to open carry firearms without a license or permit. However, individuals must have a permit to carry a concealed handgun or firearm. Gun owners in Nevada must familiarize themselves with the state’s gun laws, as violations of the rules and regulations can expose owners to criminal charges.

Overview of Gun Laws in Nevada

Nevada’s gun laws stem from Article I, Section 11 of the Nevada Constitution, which states that citizens have the right to keep and bear arms for security and defense, lawful hunting and recreation, and other lawful purposes. Nevada does not require individuals to obtain a permit to purchase handguns, shotguns, or rifles. Furthermore, gun owners in Nevada do not have to register their firearms or obtain a license to own or possess their weapons. State law does not prohibit the open carrying of firearms.

However, gun owners must obtain a permit to conceal carry handguns in Nevada. Nevada operates a “shall-issue” program for concealed carry permits, which means that officials must issue a permit to carry to an applicant who meets the requirements for a concealed carry permit, including being at least 21, completing an approved firearms training course, and passing a background check.

State law also recognizes gun owners’ right to carry their firearms in certain public places, such as restaurants. However, individuals may not possess firearms in restricted locations, such as schools, legislative buildings, courthouses, airports (post-security checkpoints), or private property where the owner has posted a “no guns/firearms/weapons” sign.

Furthermore, a majority of states in the U.S. offer reciprocity to Nevada’s permit to carry, allowing Nevada residents with permits to carry firearms in those states. States that do not recognize Nevada’s gun permits include:

• Hawaii
• Washington
• Oregon
• California
• Colorado
• Illinois
• Georgia
• South Carolina
• Maryland
• Delaware
• Pennsylvania
• New Jersey
• New York
• Connecticut
• Rhode Island
• Massachusetts
• New Hampshire
• Maine

Nevada has adopted a universal background check law, which requires all sales or transfers of firearms to include a background check on the buyer/transferee through a federally licensed firearms dealer. Federally licensed firearms dealers conduct background checks using the FBI’s National Instant Criminal Background Check System. However, certain transactions, such as transfers between immediate family members, estate executors/administrators administering a firearm in a decedent’s estate, and temporary transfers for shooting practice or hunting, do not require background checks.

State law expressly prohibits several categories of individuals from purchasing, owning, possessing, or carrying firearms, including:

• Convicted felons (unless a convicted felon has had their civil rights restored)
• Fugitives
• Unlawful users of controlled substances
• People adjudicated mentally ill or incompetent by a court or committed to a mental health facility
• People dishonorably discharged from the U.S. Armed Forces
• People subject to a protection order due to domestic violence or stalking/harassment
• Undocumented foreign nationals

Although Nevada treats antique firearms like modern-era firearms for regulatory purposes, state law prohibits individuals from possessing specific categories of firearms unless they are specially licensed to own such weapons, including:

• Machine guns
• Silenced firearms
• Short-barreled rifles and shotguns
• Firearms with defaced, altered, or obliterated serial numbers or identification markings
• Armor-piercing ammunition

Common Firearm Offenses in Las Vegas

Examples of firearm offenses under Nevada law include:

• Possession of weapons on school or childcare facility property
• Possession of short-barreled rifles or shotguns
• Possession of firearms with defaced serial numbers or unlawful alteration/obliteration of firearm serial numbers
• Discharging a firearm in public
• Discharging a firearm at or into a structure or vehicle
• Unlawful aiming of a firearm at another person
• Unlawful possession of a firearm by an underage person
• Possession of a firearm by a prohibited person
• Sale or transfer of firearms to prohibited persons (straw purchases)
• Unlicensed carrying of a concealed firearm

Penalties for firearm offenses in Las Vegas vary depending on the grading of the offense and other factors, such as a convicted defendant’s criminal record or aggravating/mitigating factors. Potential sentences for firearms offenses include:

• Gross misdemeanor: Up to 364 days in county jail, a fine of up to $2,000, or both imprisonment and a fine
• Category D felony: One to four years in prison and a potential fine of up to $5,000
• Category C felony: One to five years in prison and a potential fine of up to $10,000

Certain serious offenses – such as discharging a firearm at or into a structure or vehicle, or possession of a firearm by a prohibited person – can result in Category B convictions with specific sentencing ranges for each offense.

Law Enforcement and Gun Law Violations

Law enforcement agencies in Nevada take gun law violations seriously due to the public danger posed by firearms. Suppose the police suspect you of a firearms violation. In that case, you can expect officers to investigate you by checking whether you have required firearms permits or do not fall into any category of persons prohibited from possessing firearms. During vehicle stops or detentions on the street, the police may have the right to conduct pat downs or searches for weapons to protect themselves from the risk of firearms in the possession of potentially dangerous criminal suspects.

Steps to Take if Charged with a Gun-Related Offense

If you get arrested for a gun-related offense in Nevada, steps you should take to put yourself in the best position to seek a favorable resolution to charges include:

• Exercise your right to remain silent by informing the police that you do not wish to answer any questions and refrain from answering questions if posed by the officers or discussing your charges with the police.
• Invoke your right to legal counsel by asking to speak to a criminal defense lawyer after the police take you into custody.

Contact Our Las Vegas Defense Attorneys for Help

If you’ve been charged with a firearms offense in Las Vegas, you need experienced, dedicated legal counsel to fight on your behalf. Contact Adras & Altig today for a confidential consultation with a knowledgeable criminal defense lawyer to learn more about the gun laws in Las Vegas, Nevada.