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Las Vegas Firearms Defense Attorney

Firearm Possession Defense In Las Vegas, Nevada

The second amendment to the US Constitution protects individuals’ rights to bear arms, but misuse of weapons is a criminal offense in Nevada and across the country. It is in an individual’s best interests to consult with an expert attorney and explore his or her options for achieving a favorable conclusion if he or she is being charged with weapon possession.

A handgun may be purchased, owned, or possessed in Nevada without the need for a license. A concealed carry permit is needed to carry a weapon concealed. Even if someone has a permit to conceal a firearm, certain uses of weapons are illegal under federal law. Convictions for any gun-related crime may result in jail time, hefty fines, and/or deportation for some people. That’s why if you’ve been charged with a gun possession crime in Nevada, it’s critical to have an experienced Las Vegas firearms defense attorney in your corner.

What Is Considered A Weapon In Nevada?

Any instrument that may be used in an attack or for self-defense while fighting is considered a weapon. This definition includes not just guns, but also motor vehicles that are used with the intention of causing property damage, bodily harm, or death. The following weapons are among those mentioned in Nevada law:

  • Explosive substance
  • Pistol, revolver, or firearm
  • Knife or switchblade
  • A bat or stick
  • Nun chucks
  • Trefoil
  • Metal or brass knuckles
  • Machete, dirk, or dagger

Common Gun-Related Crimes In Nevada

Both state and federal gun laws govern firearms, many of which overlap and prohibit much of the same behavior. We’ll go through several typical gun crimes in Nevada that may result in criminal charges and penalties below:

Possessing A Firearm In A Prohibited Location

Under Nevada law, it is legal to carry guns openly, although there are some areas where firearms are outright banned. These include airports, daycare centers, schools and colleges, government buildings and facilities, military bases, and post offices. Possessing a firearm in Nevada in a prohibited area is generally a misdemeanor punishable by up to 6 months in jail.

Concealed Carry Without A Permit

In Nevada, you can carry a concealed weapon as long as you have the appropriate CCW license. They may also be charged with a category C felony for carrying without a license, which comes with fines of up to $10,000 and imprisonment of 1 to 5 years.

Prohibited Persons

Certain people are banned from buying and possessing guns under both state and federal law. These prohibited individuals include convicted felons, drug addicts, fugitives from justice, persons convicted of domestic violence or subject to a domestic violence restraining order, mentally ill persons, and unlawful aliens, among other things. Possession of a firearm by a prohibited individual in Nevada is punishable by one to six years in prison and up to $5,000 in fines. It is not unlawful to carry a gun into a bar or consume alcohol while armed, yet individuals in Nevada who possess a weapon with a .1 BAC level or higher face misdemeanor charges and can be jailed for up to six months.

Discharging A Firearm

There are numerous offenses that involve the illegal discharge of a weapon, and they may result in severe penalties. Even the least serious charge, firing a gun in an unoccupied area, is a misdemeanor that can result in up to six months in jail. Shooting a firearm from a structure or within a vehicle inside a populated area is a category B felony with a potential penalty between 2 and 15 years imprisonment.

Drawing Or Aiming A Firearm

Individuals can be charged with felonies even if no bullets are fired. Individuals may be charged with a crime, for example, for brandishing a weapon in a threatening manner, which is classified as a misdemeanor punishable by up to 6 months in jail. Aiming a gun at another person is also considered a gross misdemeanor, punishable by up to 364 days in jail. If a firearm is used to assault another person, it might result in B felony charges and between 1 and 6 years in prison.

Possession, Manufacturing, Selling

Individuals who are not prohibited persons can also be charged with criminal activity. Providing a firearm to a person who is prohibited can result in a sentence of 1 to 10 years in prison. Possession, manufacturing, or selling a restricted weapon (such as a sawed-off shotgun) is a category D felony that carries a jail term of 1 to 4 years. Making or selling metal piercing ammunition is also unlawful and may result in up to 364 days of imprisonment.

Serial Numbers & Theft Of A Firearm

It’s a felony to tamper with a gun’s serial number, and it can result in felony charges and up to five years in prison. Even having a weapon with an altered serial number is a crime punishable by one to four years in jail. Theft of a firearm is classified as a B felony, which comes with a penalty of 1 to 10 years in prison.

Guns Involved In Other Crimes

The presence of a gun in connection with the commission of additional offenses, such as burglary or robbery, is regarded as an aggravating factor. As a result, it can substantially raise penalties. Possessing a weapon while committing burglary or robbery is a B felony that may receive between 2 and 15 years in jail.

Prohibited Weapons

Federal law restricts the ownership of specific weapons. Unless they were lawfully obtained before 1986, machine guns are unlawful unless they were registered. Possession of a machine gun is a felony punishable by up to 10 years in prison.

There are so many different ways that guns may be connected to criminal allegations that anyone facing a gun charge should get the aid of an experienced Las Vegas firearms defense attorney who can evaluate the specifics of their charges. Our ultimate aim is to obtain the greatest possible resolution, whether that means defending clients and their futures through reduced costs and penalties, alternative sentencing, or dismissals.

Concealed Carry Weapon Permit Laws In Las Vegas

Residents of Nevada are required by law to be photographed, fingerprinted, and investigated in order to obtain a concealed carry permit. In order to receive a permit, residents must go to the county sheriff’s office where they reside. Residents of other states can apply for a concealed weapons license in any county in Nevada if they meet the following requirements:

  • 21 years of age or older;
  • Not prohibited from possessing a firearm under federal or state law
  • Successfully completes a firearms course approved by the state of Nevada

An application can be denied for any reason, for example:

  • Outstanding warrants for arrest
  • Felony DUI conviction
  • Declaration as incompetent or insane by a court of law
  • Abuse of drugs or alcohol
  • Conviction of a violent crime including a misdemeanor
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Frequently Asked Questions

Where Are Firearms Illegal In Nevada?

In the United States, the Second Amendment protects the right to bear arms for security, hunting, recreational use, and other lawful purposes, but there are restrictions. Pistols and other handguns are prohibited in the following Nevada locations:

  • Public airports (past the secure areas) and planes
  • Childcare facilities
  • Public schools and private schools (without written permission
  • Nevada System of Higher Education property
  • Legislative buildings
  • Post offices
  • VA facilities
  • Federal facilities
  • Military bases
  • Hoover Dam

Many of these public buildings have metal detectors at each public entrance. Additionally, possessing a gun in a prohibited location is a misdemeanor in Nevada that carries the following penalties:

  • Up to six (6) months in jail, and/or
  • Up to $1,000 in fines, and
  • Maybe community service in Nevada

Do Criminal Records Or Restraining Orders Affect Firearm Rights?

A felony conviction or a domestic violence conviction in Nevada prohibits individuals from possessing firearms. Individuals who cannot buy, sell, trade, manufacture, import, export, transport or possess any of the following are also prohibited:

  • Fugitives
  • Drug addicts
  • Convicted stalkers
  • People subject to a domestic violence protection order
  • People adjudicated as mentally ill or who have been committed
  • Illegal aliens

In Nevada, possessing a firearm after being an ex-felon, fugitive, or drug addict is a category B felony. The penalties if found guilty of this include:

  • 1-6 years in prison, and
  • Potentially a $5,000 fine

Is It A Crime To Carry A Gun While Drinking?

Carrying a gun while drinking or in a bar is not illegal under NRS 202.257, according to which possessing a firearm with a blood alcohol level of .08% or higher or while under the influence of controlled substances is a misdemeanor in Nevada. Whether at home, at work, during lawful hunting, or at a shooting range, the location does not matter. The penalty is:

  • Up to six (6) months in jail, and/or
  • Up to $1,000 in fines

Who Cannot Possess A Firearm In Nevada?

A person may be detained or arrested if they meet any of the following conditions:

  • Without the supervision of a parent, guardian, or another responsible adult, you may buy and/or possess such things under the age of 18.
  • A person who has been convicted of a felony in any jurisdiction, as long as the crime entails more than one year in confinement.
  • A person who is using or addicted to controlled substances
  • A fugitive
  • A person who has been determined by a court or other institution as mentally ill

Contact A Las Vegas Firearms Defense Attorney Today

Following a Las Vegas firearms violation arrest, you need skilled legal assistance from a Las Vegas firearms defense attorney. At the Spartacus Law Firm, we will utilize our legal expertise and resources to assist you in achieving the best possible result in your case. Contact us today for a free case evaluation and to learn more about how we can help.