While you may think Las Vegas is a modernized version of the Wild Wild West, in fact, in terms of gun laws, the state is pretty much middle of the road. According to the Las Vegas Sun, the Brady Campaign to Prevent Gun Violence ranks Nevada 28th for firearms regulations among the 50 states. Regardless of its rankings, if you commit a crime using a firearm, you can expect your sentence to be doubled because of the weapon.
Firearms Related Laws (Not Associated with Commission of a Crime)
Open Carry Laws
It is legal in Nevada to openly carry a loaded firearm, except in certain places prohibited under state law, and under certain circumstances. Open carry means that you are carrying an unconcealed firearm. Unconcealed means the firearm would be seen by open observation.
Prohibited Places under Nevada carry laws
A permit is not required to carry a firearm, except in prohibited locations:
Under Nevada Law:
- Public schools and property
- Nevada system of higher education buildings and premises
- Airport secure areas
- State legislature and associated buildings
- Child care buildings
Under Federal Law:
- Veteran’s Administration facilities
- Post offices
- Federal buildings and other facilities
- Military bases
- Airport secure areas and aircraft
- Hoover Dam
You may also not be in possession of a firearm, if your Blood Alcohol Concentration (BAC) is above .10.
Concealed Carry Laws
Carrying a concealed firearm means that the firearm is not seen by open observation. In Nevada, carrying a concealed firearm without a permit is a Category B felony, punishable by one to five years in State prison and may also include up to $10,000 in fines.
Concealed Carry Weapons (CCW) permits are issued by the sheriff’s office in each county. Applicants must be:
- 21 years of age or older
- Not prohibited from possessing firearms under Nevada or Federal Law
- Must complete a pre-approved firearm safety course
May take up to six months to obtain through normal application process. Permit is valid for 5 years. If moving to Nevada from another state, your existing CCW may be recognized in Nevada. For the complete list: see this listing.
Crimes committed with Firearms
Aiming a Gun
- Brandishing a firearm in a threatening manner – Misdemeanor with punishments of up to six months in county jail and up to $1,000 fines
- Aiming a gun at a person – Gross misdemeanor with punishments of up to one year in county jail and up to $2,000 in fines.
- Assaulting a person with a gun – Gun does not need to be discharged. Assault includes the threat of bodily harm, which is a Category B felony that carries a punishment of one to six years in state prison and up to $5,000 in fines.
Shooting a gun
- In an unpopulated area – Misdemeanor with punishments of up to six months in county jail, and up to $1,000 fines.
- At an occupied vehicle or building – Category B felony with punishments of one to six years in State Prison and up to $5,000 in fines.
- From within a motor vehicle or structure in a populated area in a wanton or malicious manner – Category B felony with punishments of two to 15 years in State Prison and up to $5,000 in fines.
Using a gun in commission of another crime
Nevada law allows for doubling the sentence (up to an additional 20 years) for any crime committed in the state, if the crime is committed while in possession of a firearm, unless the firearm is a necessary element of the crime. For example, brandishing a gun requires a gun and will not be doubled, while assault is defined with or without a firearm and may have its punishment doubled.
The Defenders represents those charged with firearms crimes
If you have been charged under Nevada firearms statutes, you are facing strict penalties and the potential for loss of freedoms for extended periods. You should contact an attorney to assist in building a defense against such charges. The Defenders is experienced in defending clients for firearms charges in Nevada. Call us today to discuss your case at (702) 333-3333.