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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
Possessing A Firearm In A Prohibited Location
Concealed Carry Without A Permit
Prohibited Persons
Discharging A Firearm
Drawing Or Aiming A Firearm
Possession, Manufacturing, Selling
Serial Numbers & Theft Of A Firearm
Guns Involved In Other Crimes
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.
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
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