In Nevada, individuals may keep a weapon in their homes and certain locations in their cars; however, state laws restrict the carrying of concealed weapons. Generally, carrying a concealed weapon, including firearms, is prohibited unless one has obtained a concealed carry permit from the county sheriff’s department. Possessing a concealed weapon without a valid permit can result in misdemeanor or felony charges.
If you face charges for carrying a concealed weapon in Clark County, Nevada, contact our experienced Las Vegas firearms defense attorneys. With nearly a decade of advocacy for clients both in and out of the courtroom, Joel Mann confidently defends individuals accused of this crime. He possesses in-depth knowledge of Nevada law, potential prosecutorial weaknesses, and the serious consequences a conviction can have on his clients’ futures. Whether you’re dealing with a misdemeanor or felony charge, the Spartacus Law Firm will vigorously defend your rights.
Definition of a Concealed Weapon in Nevada
Nevada Revised Statute § 202.350 defines a concealed weapon as one that is hidden on a person’s body and not detectable under normal observation. This can include items such as handguns, knives, or other weapons that are hidden in a way that makes them invisible or inaccessible to the casual observer. Concealing a weapon under or within clothing, such as in a jacket, waistband, or handbag, can lead to arrest for carrying a concealed weapon. Law enforcement officers are trained to identify and address such situations to ensure public safety and compliance with legal standards.
Nevada’s Definition of Prohibited Concealed Weapons
Under Nev. Rev. Stat. § 202.350, individuals in Nevada are prohibited from carrying the following items in a concealed manner:
- Explosive substances, excluding ammunition or its components
- Dirk, dagger, or machete
- Pistol, revolver, or other firearms, as well as any dangerous or deadly weapon
- Knives integrated into belt buckles
Penalites for Carrying a Concealed Weapon in Las Vegas
Penalties for carrying a concealed weapon are categorized based on the type of weapon and the circumstances of the arrest.
For a first offense, carrying a concealed weapon may result in a gross misdemeanor charge. In Nevada, this can lead to up to one year in jail and/or a fine of up to $2,000. A second or subsequent offense is treated as a category D felony, carrying a potential prison sentence of one to four years and/or a fine of up to $5,000.
If the concealed weapon is an explosive device, ammunition, pistol, revolver, or other firearm, the conviction is classified as a category C felony. This more severe charge carries a prison sentence of one to five years and/or a fine of up to $10,000.
How to Obtain a Concealed Weapon Permit in Las Vegas
If you are 21 years or older, you may qualify for a concealed carry weapon (CCW) license. To obtain one, you must successfully complete a CCW course approved by your county Sheriff’s department. Following the course, you need to complete the necessary forms, pay the associated fees, and provide photographs, fingerprints, and other required documentation.
A background check is a crucial step in the CCW licensing process. Holding a CCW license authorizes you to carry concealed weapons; however, certain locations, such as airports and federal, state, and local government buildings, remain restricted without special permission. Common reasons for application denial include outstanding warrants, felony convictions, violent crime convictions, or DUI convictions.
Defenses To Not Having A Concealed Carry Weapon (CCW) Permit
Common defenses to NRS 202.350 violations include the following:
- The weapon was not concealed.
- The defendant inadvertently left the CCW permit at home.
- A clerical error was made by the government.
1. The weapon was not concealed
CCW permits are necessary solely for concealed weapons. It’s possible the police mistakenly believed the defendant’s weapon was hidden, while it was actually carried openly. Evidence that can show the weapon was visible includes:
- Surveillance video
- Photographs
- Eyewitness testimony
Unless the D.A. can prove beyond a reasonable doubt that the weapon was concealed from plain view, criminal charges should not hold.
2. The defendant inadvertently left the CCW permit at home
Under Nevada law, carrying a concealed weapon without a valid and current CCW permit is illegal. However, it is not a crime to forget the permit while carrying the weapon. If a criminal defense attorney can provide evidence that the defendant possessed a valid permit but simply lost or forgot to carry it, the D.A. should dismiss the charges.
3. A clerical error was made by the government
As with all government bureaucracies, sheriff’s offices are prone to errors in data entry, filing, and record-keeping. If the defense attorney can demonstrate that the sheriff’s office was incorrect about the defendant lacking a current and valid CCW permit, the D.A. should dismiss the NRS 202.350 charges.
Frequently Asked Questions
Who Is Allowed To Conceal A Weapon In Nevada?
In Las Vegas, only individuals with valid permits are permitted to carry a concealed weapon. These permits are granted exclusively to those without felony convictions who can pass a comprehensive background check. Additional requirements for obtaining a concealed weapons permit in Las Vegas include:
- Being over the age of 21
- Successfully completing a firearm safety course
- Having no outstanding warrants
- No history of mental health issues in the past 5 years
- No habitual drug or alcohol abuse
- Not being on parole or probation for any crime
By ensuring these criteria are met, the city aims to maintain a higher standard of safety and responsibility among permit holders.
Where Can You Legally Carry a Concealed Weapon in Nevada?
A person with a proper permit can carry a concealed weapon in Nevada, except in the following locations:
- Airports
- Public schools, universities, or childcare centers
- Public buildings with metal detectors at the entrance and signage prohibiting concealed weapons, such as courthouses
- Prisons or jails
Generally, carrying a concealed weapon in public buildings in Nevada requires prior written permission, though there are certain exceptions.
How Do I Apply for a Concealed Carry Permit in Nevada?
To obtain a CCW permit, Nevada residents can apply online or at their nearest police station. Processing the application may take up to six months, and if approved, the permit is valid for five years, unless revoked.
At the time of application submission, a non-refundable fee for fingerprinting and investigation processing is required. This payment will be processed through a secured site, with details sent via email once the application is deemed complete. Below are the associated fees for a CCW permit application:
- New application: $100.25
- Renewal application: $65.25
- Late renewal application: $80.25
- Renewal application (more than 365 days late): $100.25
- Name change fee: $25.00
- Duplicate permit/late fee/address change: $15.00
- Additional fingerprint cards for out-of-state applications: $15.00, plus $2.00 for each additional card needed
Does Nevada Recognize Concealed Carry Reciprocity with Other States?
As of July 1, 2023, Nevada will recognize concealed weapons permits from the following states:
- Alaska
- Arizona
- Arkansas
- Florida
- Idaho (Enhanced Permit)
- Illinois
- Kansas
- Kentucky
- Louisiana
- Massachusetts
- Michigan
- Minnesota
- Mississippi (Enhanced Permit)
- Montana
- Nebraska
- New Mexico
- North Carolina
- North Dakota (Class 1 only)
- Ohio
- Oklahoma
- South Carolina
- South Dakota (Enhanced Permit)
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Contact Our Las Vegas Firearms Defense Attorneys Now
If you or someone you know has been charged with a concealed weapon crime in Las Vegas or surrounding Clark County, contact the Spartacus Law Firm today. It’s crucial to have a dedicated Las Vegas weapons defense attorney who will vigorously defend your future. Our award-winning criminal defense firm will craft a robust defense strategy tailored to the specifics of your case and the prosecution’s weaknesses. Call the Spartacus Law Firm for a consultation and take the first step towards fighting the charges against you.
