NOTE: This website exists as a reference only, and is not to be taken as legal advice. Always read the laws yourself. There may be other laws than the listed laws, information may become out of date, and the interpretations here may not be correct.
Firearm Law
For the purposes of making this information easier to digest, Nevada firearm law will be separated into the following categories:
- State Preemption of Local Regulations
- Firearm Carry Laws (Including reciprocity()
- Firearm Ownership and Transfer Laws
- Use of Firearms
- Police Seizure of Firearms
- Protection of Industry from Lawsuits
Most of the firearms laws in Nevada can be found under Chapter 202 of the Nevada Revised Statutes, but firearm laws exist under other chapters as well.
Definition of Firearm
In Nevada, a firearm is defined by NRS 202.253.
“Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
State Preemption of Firearms Details
In Nevada, there is state-wide preemption of most firearms laws. On the local level, localities may regulate the unsafe discharge of firearms, operate shooting ranges and fund shooting competitions and educational events, create rules for shooting ranges and participation in publicly funded firearm events, regulate the possession of firearms by government employees on duty, and enforce local zoning ordinances for general businesses that may apply to firearm related businesses. Be aware that federal law applies, and a lot of federal lands exist in Nevada. Also, there are tribal lands within Nevada that have their own rules.
| Preemption Law | Preempted Entity |
|---|---|
| NRS 244.364 Ammended by SB175. | Counties may not infringe the right of the Legislature. |
| NRS 268.418 Ammended by SB175. | Cities may not infringe the right of the Legislature. |
| NRS 269.222 Ammended by SB175. | Towns may not infringe the right of the Legislature. |
| NRS 407.0475 | State Parks may not create more restrictive firearm possession rules or self-defense rules. |
NRS 244.364, NRS 268.418, and NRS 269.222 state that except as otherwise provided by specific statute, the legislature reserves to itself the right to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and that no county, city or town respectively may infringe upon these rights. Also, per NRS 407.0475 the Nevada Division of State Parks may not enforce regulations more restrictive than the state law with regards to firearm possession and self-defense.
While most local governments recognize the state preemption laws, there are still some places in Nevada where the local governments do not recognize the law and will try to enforce local ordinances. Here is a page under about local weapons regulation in Nevada.
It is important to note that these preemption laws are specific to firearms only, and not other weapons such as knives, meaning that local governments are able to create their own restrictions for weapons other than firearms.
Firearms Carry Laws
For a PDF that prints out onto one page that summarizes most of the applicable gun carry laws in Nevada, click here.
Nevada generally allows unlicensed open carry, and is a shall-issue state for concealed firearms licenses. In shall-issue states, anyone who is meets the requirements under state law to receive a permit must be issued one. Carrying a concealed firearm without a permit is a felony (at least until July 1, 2015, when the penalty may change), per NRS 202.350. See SB176
Section Contents:
- Location Restrictions
- Activity Restrictions
- Car Carry
- Concealed Carry
- Retired Law Enforcement Certification
In addition to state law, beware also that federal firearm carry laws also apply within Nevada.
Location Restrictions
There are many places where there are restrictions on firearms, as shown in the table:
| Location | Law | Restriction | Exceptions |
|---|---|---|---|
| Universities | NRS 202.265 | Firearms Prohibited anywhere on the property of any place that is part of the NSHE (Nevada System of Higher Education) | Written Permission of President of NSHE facility. |
| Schools | NRS 202.265 | Firearms are prohibited at K-12 schools, private or public. | Peace Officers, School Security, Written Permission from principal of school. |
| Near Schools | NRS 393.410 | Enhanced penalty for loitering near a school and other offenses while in possession of a firearm. | None |
| Child Care Facilities | NRS 202.265 | Firearms are prohibited at licensed childcare facilities | Peace Officers, Written Permission |
| State Legislature | NRS 218A.905 | Illegal to possess a firearm in the Legislative Building or anywhere else the Legislature is conducting its business | Persons with "legal authority." This may include a concealed firearm permit pursuant to NRS 202.3673 (1) unless posted pursuant to NRS 202.3673(3b). Read this letter from the legislative Counsel Bureau for more information |
| Government buildings with signs banning guns or with metal detectors | NRS 202.3673 | Bans concealed carry by permit holders in the government building with a metal detector or sign. | Judge in own court room, Prosecuting attorneys (Federal/NV), permit holder employed in the building, written permission from person controlling building |
| Government buildings on airport property | NRS 202.3673 | Bans concealed carry by permit holders in the government buildings on airport property. (Note: Federal law applies in secure area) | None |
| In or on Vehicles on or along public ways | NRS 503.165 | Unlawful to carry a rifle or shotgun in or on a vehicle on or along a public way, if the rifle or shotgun has a cartridge or shell in the chamber. There is no restriction on cartridges or shells in magazines. (Note: This does not apply to handguns.) | Peace Officers and Members of the armed forces on duty or traveling to or from duty. Also parapalegics, and persons with one or both legs amputated, or with one or both legs paralyzed to the point where walking is severely impeded. |
| Roadside park or safety rest area | NAC 408.615 | One may not "exhibit or use" a firearm in a roadside park of safety rest area. Exhibit is not clearly defined. | None. (Note: Questionable Authority under NRS 408.215/NRS 408.275 exists for the department to make this regulation. These laws give authority to the department to "adopt appropriate regulations" governing the use of roadside parks and safety rest areas, but the law does not provide specific statute for regulation of firearms. The penalty for a first offense is a fine of not more than $1000 per NRS 408.433) |
Signs on Private Buildings
A sign on a private building stating that no firearms are allowed does not make firearms illegal there. If one is asked to leave however and does not then that person is trespassing per NRS 207.200.
Confusing Permit Application Form
The department of public safety created required wording for the concealed firearm applications, listed under NAC 202.020. The application form wording they devised asserts that all government buildings as well as private vocational and technical schools are off limits to concealed carry, but there is no law in the Nevada Revised Statutes that supports these assertions, and overall the description of the law in the application form is very different from what the law actually states in the Nevada Revised Statutes.
Penalty for Permit Holders ( NRS 202.265 vs. NRS 202.3673 )
A concealed firearm permit does not exempt one from the gun free zones except where explicitly noted. NRS 202.265 penalizes unauthorized carry at schools, universities, and child care facilities as a gross misdemeanor. NRS 202.3673 specifies a misdemeanor penalty for a permit holder carrying a concealed firearm in a public building on the property of a public school or child care facility or on the property of the NSHE. I'm not sure whether the penalties described under NRS 202.3673 are meant to be in addition to or in lieu of the penalties provided under NRS 202.265.
Activity Restrictions
There are some restrictions on activities that you can do while you are carrying a firearm, as shown in the table:
| Activity | Law | Restriction | Exceptions |
|---|---|---|---|
| Alcohol Consumption | NRS 202.257 | A person with a blood alcohol concentration of 0.10 or higher may not possess a firearm. Unlike many states, there are no laws explicitly banning firearms at liquor selling establishments. | This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense. |
| Archery Hunting/Muzzle Loading Hunting, due to AB136--> | NAC 503.144 | Bans possession of a handgun, musket, or rifle with a barrel 8 inches or longer during archery hunting. Bans a handgun, musket, or rifle with a telescopic sight. NAC503.144 bans possession of a modern firearm during a muzzle loading hunt, except for a handgun with a barrel under 8 inches and without a telescopic sight. | Note: State law under NRS 503.150 allows a person to carry a handgun with a barrel under 8 inches long and without a telescopic sight for self-defense as long as it is not used to hunt game. Authority of the department to regulate mere firearms possession based on state legislative preemption law is questionable. |
| Foster Parenting - Overridden by to AB167 in 2015. | NAC 424.600 |
|
|
| Parading (as a Military Company) Armed Association (as a Military Company) | NRS 412.604 and NRS 203.080 |
|
|
Car Carry
- It is generally lawful to have a firearm in a vehicle, but all of the laws still apply regarding prohibited places, activities, and carrying a firearm concealed upon the person. What this means, is that you cannot, for example, have a firearm in your vehicle when your vehicle is on the property of a school or other prohibited area. Handguns can be loaded without a permit, openly carried upon a person, or placed elsewhere in the vehicle. There are no requirements for how they are transported. Firearms can be concealed anywhere in a vehicle (except on the person of someone without a permit to conceal), or displayed openly. It is not prohibited by law therefore, to have a firearm under, behind, or on top of the seat, or in a glove box, for instance. However, one still cannot hide a firearm on a person without that person having a permit. So without a permit, one cannot hide a firearm in their pocket or under a jacket they are wearing in a vehicle. This is because Nevada law only forbids carrying a concealed firearm upon a person.
- As noted in the above tables, per NRS 503.165, rifles and shotguns may not have a loaded chamber in a vehicle on or along a public way.
Concealed Firearms
Per NRS 202.350, it is generally felony to carry a concealed firearm.
The following exemptions exist:
- Persons with a recognized Concealed Firearm Permit
- Active and Honorably retired Nevada peace officers.
- Active peace officers from other jurisdictions fulfilling official duties, or qualified under the federal Law Enforcement Safety Act.
- Peace officers honorably retired after at least 10 years of service qualified under the Law Enforcement Safety Act, which requires annual qualification.
- Members of the armed forces when on duty
- Persons summoned to assist a peace officer in making an arrest, during the course of making that arrest.
What is Concealed Carry?
According to Attorney General Opinion AG 93-14, a weapon is concealed only if it is hidden on a person, (such as under a jacket,) or if it is in a container that is being carried by that person. For example, if a gun is in a briefcase and the briefcase is in one’s hand, then that person is carrying a concealed weapon. But if that briefcase is on the floor nearby then that person is not carrying a concealed weapon. Technically, even carry in a gun case could potentially fall under concealed carry.
The definition of concealed weapon under NRS 202.350 is:
(a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
Permit Holders Must Carry Permit and ID
Per NRS 202.3667, permit holders must carry the permit and proper identification when carrying a concealed firearm. Also, upon request by a police officer the permit and identification must be presented. The penalty for violation is a civil penalty of $25.
Concealed Carry Reciprocity / Recognition
Nevada does not have a reciprocity agreement, but it does recognize certain states. In Nevada, on July 1 of each year, per NRS 202.3689, the Department of Public Safety publishes a list of state permits that are recognized in Nevada. Each year, the department is supposed to determine which states meet the requirements.
Residents of other states may carry a concealed firearm in Nevada if they have a permit issued from any of the following states:
- See list
NOTICE: MICHIGAN, MISSOURI, & NEW MEXICO PERMITS ARE NO LONGER RECOGNIZED!
While non-residents can carry using one of these permits, a person with one of these permits is not allowed to carry a concealed firearm in Nevada if the person becomes a Nevada resident to carry a concealed firearm and is not issued a Nevada permit within 60 days of becoming a resident per NRS 202.3688.
Also, per NRS 202.3688, a person carrying with a permit from another state is subject to the same legal restrictions as a person issued a permit from Nevada.
Note that permit recognition is not truly reciprocal in Nevada. These states do not necessarily accept the Nevada permit.
Concealed Firearm Permits
Getting a permit in Nevada is relatively straight forward. It basically entails taking an eight hour course from an approved instructor, then submitting an application at the Sheriff's office as well as paying fees. Fingerprints are taken, and a background check is conducted. The permit fee is currently $105, but additional fees may apply for fingerprinting. If you are legally entitled under the law to own a modern handgun, the law generally requires that you are issued a permit to carry a concealed firearm within 120 days of submitting an application.
Generally, the application forms can be found on the sheriff's office website for your county or by visiting your Sheriff's office in person.
Concealed firearm permits are regulated from NRS 202.3653 through NRS 202.369.
Types of Firearms Legal to Conceal
As of October 1, 2013, it is no longer legal to carry concealed a rifle, shotgun, or antique handgun.
Per NRS 202.3657 as modified by SB76, a permit pertains to any firearm defined as a handgun under federal law. 18 USC 921 (29) defines handgun to mean a type of firearm with a short stock and designed to be fired by the use of a single hand. However, under federal law, the definition of firearm specifically excludes any firearm that would fall under the definition of an antique firearm. As a result, an antique handgun is not a handgun under federal law.
Shall Issue Permit within 120 Days
NRS 202.3657 allows anyone to apply for a permit with their county Sheriff. Per NRS 202.366 a qualified applicant (one who has fulfilled requirements like training and fees, and has a clean criminal background check,) must be issued a permit, and it must be issued within 120 days of the application.
Eligibility / Revocation of Concealed Firearm Permits
Per NRS 202.3657 an applicant meeting the following criteria must be issued a permit, and changes to this eligibility generally require revocation of the permit:
- 21 years of age or older
- Can legally possess a firearm in Nevada
- Has taken an approved firearms instruction course and qualified with the types of weapons to be carried
- Not made a false statement on any application for a permit or the renewal of a permit (This may apply to past applications as well.)
- No outstanding warrants for arrest
- Not declared judicially incompetent or insane
- Not voluntarily or involuntarily admitted to a mental health facility in the preceding 5 years.
- Not a habitual user of intoxicating liquor or controlled substances to the extent that normal faculties are impaired.
- Not in the preceding 5 years, convicted of DUI under NRS 484C.110
- Not in the preceding 5 years committed to treatment for drug addiction pursuant to NRS 458.290 through 458.350
- Not convicted of a misdemeanor crime involving use or threatened use of violence in the preceding 3 years.
- Not convicted of a felony or misdemeanor of domestic violence or stalking
- Not, within the last 5 years, subject to court requirements in any state as a condition of withholding of the entry of judgment for a conviction or suspension of a sentence for a felony.
- Not subject to a restraining orders, injunctions, or other protective orders against domestic violence
- Not on parole or probation from a conviction
- The Sheriff may deny an application if he receives a sworn affidavit stating articulable facts that one has committed an offense which would preclude the issuance or require revocation of a permit
- If there are pending charges against an applicant or permit holder of a nature that if convicted would disqualify the holder of the permit, the permit or processing of the application must be suspended until the final disposition of the case. If the person is acquitted or the charges are dropped, the permit must be restored without fee.
Judicial Review for Denial Available
Per NRS 202.3663, an applicant that is denied a permit for arbitrary or capricious reasons or other abuses of discretion may seek judicial review by filing a petition in the district court.If Permit is Revoked, Victims of Crime are Notified
Per NRS 202.3665 if the permit is revoked the sheriff must notify the victims of any crime for which it was revoked, and if it is restored they must be notified again.Fingerprints, Photographs, ID Numbers Required
Per NRS 202.3657 fingerprints must be submitted with the permit, as well as front view colored photograph taken by the sheriff or his agent, and a driver's license or identification card number from the state of residency of the applicant is required. Per NRS 202.366, for all applications for concealed firearm permits and renewals, fingerprints are sent to the Central Repository for Nevada Records of Criminal History and to the FBI.Training Required
NRS 202.3657 specifies the requirement to complete a firearm safety course and qualify with the types of firearms one will carry. The Nevada Sheriffs' and Chiefs' Association is given authority to determine which courses are approved. NVSCA's published Nevada Concealed Handgun Training Standards can be seen here. NRS 202.3677 requires training on renewal courses, specifying that one must re-qualify with the types of firearms one will carry.Background Investigation
Per NRS 202.366, for all applications for concealed firearm permits and renewals, the sheriff must investigate to make sure the applicant is eligible for a permit. NRS 202.3677 also requires the investigation for permit renewals.Duration of Concealed Firearm Permit
Per NRS 202.366 the concealed firearm permit expires 5 years after being issued unless revoked or suspended by the Sheriff which issued the permit. However, per NRS 202.3687 the sheriff may issue a temporary permit. Once the duration has expired, a permit holder who wishes to renew must submit a new application per NRS 202.3677
Confidentiality of Concealed Firearm Permit
Per NRS 202.3662 the concealed firearm application and the information within it including the identity of the permittee as well as information obtained during an investigation by the sheriff, and records relating to suspension, restoration, and revocation of permits are confidential. The information is accessible to law enforcement for the purposes of investigation and prosecution. Statistical data however, may be released to any person.
Fees
NRS 202.3657 requires a background check fee for the background check and allows a fee from the sheriff of up to $60. NRS 202.3677 requires a fee of $25 for renewal applications, (and a late fee of $15 for late renewals) and the same background check fees. Per NRS202.368, concealed firearm permit fees are deposited with the county treasurer for general county use unless if the county has a metropolitan police department... then the fees go to that department.
Lost Permits / Changes of Address
Per NRS 202.367 a person must notify the sheriff in writing within 30 days if the permit is lost, stolen, destroyed, or the person changes his home address A duplicate permit can be issued to replace a lost permit by submitting a written statement signed under oath and paying a $15 fee. If after a duplicate permit issued, the lost permit is recovered, the permit holder must notify the sheriff in writing and return the duplicate permit. Failure to notify the Sheriff of lost permits or recovered duplicates could result in a $25 civil penalty.Instructors, Government Protected from liability
NRS 202.3683 protects the government and firearms instructors from civil liability.
Application Form / Permit Styling
NRS 202.366 specifies the general format for the application, and that the permit must have a color photo of the applicant, as well as personal information of the applicant, the issue date, and the types of firearms authorized to carry. Per NRS 202.3657 specifies some additional requirements of the application format, as well as stating that the application must be signed under oath by the applicant and witnessed by an employee of the sheriff or notarized by a notary public. Application forms are regulated under NAC Chapter 202 by the Department of Public Safety under authority of NRS 202.369 and contain misleading information about where guns cannot be carried concealed.
Qualified Retired Law Enforcement
NRS 202.3678 specifies how qualified retired law enforcement officers can be certified. It specifies that a law enforcement agency in Nevada will offer an opportunity to qualify at least twice a year and that they may charge a fee.
Firearm Ownership Laws
In Nevada, there are a few restrictions on firearm ownership that are more restrictive than federal law, but the restrictions are not as severe as in many other states. There is no firearm registration. Private transfers of firearms between people in Nevada without involving a licensed dealer is also generally legal. NFA weapons --(Machineguns, suppressors, short barreled rifles, etc.)-- are typically permissible if legally obtained under federal law, but they are regulated under state laws as well.
Section Contents:
- Private Transfers
- Restricted People / Antique Firearms
- Age Limitations
- Armor Piercing Bullet Ban
- NFA Firearms
Private Transfer, Background Check Optional
In Nevada, private transfer of a firearm is generally lawful. No background check is required for a private transfer; however, per NRS 202.254 a private person may request that the Central Repository for Nevada Records of Criminal History perform a background check on the transferee. This law specifies that failure to request a background check does not give rise to any civil cause of action. Upon request for a background check with identifying information, the Central Repository has 5 business days to notify the requestor whether the person can legally acquire the firearm. It specifies that a person who does not hear back from the Central Repository within that time period can presume that the transfer is lawful. The Central Repository may charge a fee.
Restricted People
NRS 202.360 is the main law which restricts possession of firearms to certain people, and makes it a felony for them to possess a firearm.
Generally, the following people are prohibited to possess firearms under NRS 202.360:
- Convicted Felons (Unless issued a pardon that does not restrict right to bear arms.)
- Fugitives from Justice
- Illegal Immigrants
- The Mentally Ill (Persons adjudicated to be Mentally Ill or admitted to any mental health facility.)
- Illegal Drug Users(Unlawful Users and Addicts of Controlled Substances as defined in 21 U.S.C. § 802(6))
Per NRS 202.362 it is also generally a felony to knowingly sell a firearm or ammunition to a prohibited person in the first 4 categories.
Protective Orders
Per NRS 33.031, an extended court protective order lasting up to one year may prohibit possession of a firearm. And under NRS 33.033 one is required to transfer out of his possession any firearms within 24 hours of such a protective order being serviced. They must be transferred to an FFL dealer, or surrendered to the police or other individual as required by the court.
Antique Firearms
Federal law also places restrictions on firearm ownership, including but not limited to prohibiting convicted felons and persons convicted of misdemeanors of domestic violence from possessing firearms. However, the federal definition of firearm does not consider antique firearms such as black powder firearms to be firearms. In many states that use a definition similar to federal law, felons may possess antique firearms. In Nevada, antique firearms would still be included in the definition of firearm under Nevada law; therefore, convicted felons in Nevada cannot possess antique firearms. However, Nevada does not have its own law prohibiting the possession of firearms by persons convicted of misdemeanors of domestic violence, thus persons convicted on Misdemeanor of Domestic Violence charges in Nevada can generally still possess antique firearms.
Age Limitations
NRS 202.300 is the law in Nevada restricting possession of firearms for people under the age of 18.
Some of the more important results of this law:
- Generally, children under the age of 18 in possession of a firearm must be supervised by a guardian or someone authorized by the guardian. A child in possession can face charges as a minor, and an adult that permits the child to possess a firearm is also breaking the law.
- A person is not guilty of allowing a child to access a gun if the gun was stored in a secure container or place, or if the child unlawfully entered the premises where it was stored.
- A child over 14 can possess firearms in his or her own residence, without supervision if permission is given by the parent. The firearm must not be loaded except that it may be loaded if possession of the firearm is needed for immediate defense of the child or another person.
- A child over 14 may possess firearms for target practice, instruction courses, or hunting without supervision, if the child has permission from the child's guardian. The firearm must not be loaded when traveling to and from these places.
- A child over 14 can possess firearms on real property without supervision if he has permission from his parent and an adult who controls the real property. The firearm must not be loaded except that it may be loaded if possession of the firearm is needed for immediate defense of the child or another person.
- The firearm the child over 14 possesses without supervision must either be a rifle or a shotgun that is not fully automatic, or a firearm with a barrel shorter than 12 inches long. If the firearm is one with a barrel less than 12 inches long, the parental permission to possess the firearm for the purposes above must be written permission.
Here is a quotation from the law that describes whether a child's gun is loaded:
For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
Per NRS 202.310, it is also illegal to sell a pistol, revolver, or other firearm with a barrel under 12 inches long to a person under the age of 18.
There is often a misconception that a person needs to be 21 years old to possess a handgun, but this is not true. One only needs to be 18 years old to possess a handgun in Nevada. Federal law prohibits persons with FFL licenses from selling a handgun or handgun ammunition to a person under the age of 21, but there is no law prohibiting private transfers from unlicensed people to persons under the age of 21 years old.
To download a 1 page PDF that summarizes and excerpts federal and state laws affecting handgun sales to minors, click here.
Note that for adopted children in foster homes, there are strict rules that apply. See NAC 424.600.
Ban on "Metal-Penetrating" Bullets
Per NRS 202.273, there is a ban on the manufacture and sale of so-called "metal-penetrating bullets" as defined in the law:
As used in this section, “metal-penetrating bullet” means a bullet whose core:
(a) Reduces the normal expansion of the bullet upon impact; and
(b) Is at least as hard as the maximum hardness attainable using solid red metal alloys,
Ê and which can be used in a handgun. The term does not include any bullet with a copper or brass jacket and a core of lead or a lead alloy, or a bullet made of lead or lead alloys.
Editor's Note: Exactly what a "red metal alloy" is, especially for the purpose of this law, I am not sure. The best I could come up with is a definition of red metal from the McGraw-Hill Dictionary of Scientific and Technical Terms, 6th edition, found at answers.com. This definition considers a red metal to be a copper matte having a copper content of about 48%.
NFA Firearms (Machineguns, Suppressors, etc.)
Under Nevada law, NFA firearms such as machineguns and suppressors are allowed so long as they are owned in accordance with federal law. NRS 202.350 states that it unlawful to possess, manufacture, or sell suppressors and machineguns unless authorized by Federal Law. NRS 202.275 similarly allows possession of short barreled rifles and shotguns only in accordance with Federal law.
Serial Number Alteration Prohibited
NRS 202.277 prohibits any person from intentionally changing, altering, or obliterating the serial number upon a firearm, as well as knowingly possessing a firearm on which the serial number has been intentionally changed, altered, removed, or obliterated. This law is similar to that found in federal regulations, such as CFR Title 27 § 478.34.
Use of Firearms
Self-Defense
Click here to see a summary of NV self-defense law.Discharge of firearms
As a general summary, per NRS 202.280, NRS 202.285, NRS 202.287, NRS 202.540, and NRS 202.290 the below is unlawful:
- Malicious, wanton, and negligent discharge of firearms in public streets or thoroughfares, buildings, and places
- Malicious or wanton discharge of firearms at or into, or from within, on top of, or under structures and vehicles
- Discharging a firearm at or towards a person in an exhibition of skill
- Discharging a firearm in a public place or in any place a person might be endangered thereby.
Per NRS 202.287:
4. As used in this section:
(a) “Structure” means any temporary or permanent structure, including, but not limited to, any tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building.
(b) “Vehicle” means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires.
Tracer / Incendiary Ammo Use
Per NRS 476.070 it is unlawful to discharge any bullet, projectile or ammunition of a tracer or incendiary nature on any grass, brush, forest or crop-covered land.
Exceptions exist for:
- Law Enforcement Officers
- Members of the Armed Forces While on Active Duty
- Ammunition used at the direction of an authorized official of the United States
Drawing and Aiming Firearms at People
Per NRS 202.320, a person who in the presence of two or more persons draws or exhibits a firearm in a rude, angry, or threatening manner not in necessary self-defense. This law also forbids unlawfully using a firearm in any manner in any fight or quarrel. This law exempts peace officers in the lawful discharge of their duties. Per NRS 202.290 it is unlawful to willfully aim any firearm, loaded or not, toward any human being.
Traps
Per NRS 202.255 it is unlawful for any person to set a trap, spring-gun, spring pistol, rifle or other deadly weapon except for government agents engaged in cooperative predatory animal and rodent control work under certain circumstances.
Other Firearm Related Rules
Confiscation and Disposition of Firearms
Detainment, Seizure, and Confiscation
Per NRS 171.123 a person may be detained under circumstances that reasonably indicate that a person has committed, is committing, or is about to commit a crime, or that the person is violating or about to violate parole or probation. Under a lawful detainment under this section, the detainment can only occur to ascertain the person's identity and the suspicious circumstances surrounding the person's presence abroad, and the detainment cannot last longer than 60 minutes. A person so detained must identify himself. Per NRS 171.1231, after such a detainment, a person can be arrested if probable cause exists. Otherwise, the person must be released.Per NRS 171.1232, a peace officer may search for and seize a firearm or other dangerous weapon during a detainment or just before a detainment if he reasonably believes the person is armed and is a threat to the safety of the peace officer or another.
Also, per NRS 453.301, all firearms in the actual or constructive possession of a person are subject to forfeiture if the person is illegally consuming, manufacturing, transporting, selling, or under the influence of controlled substances.
Additionally, under NRS 179.121 all personal property including weapons can be confiscated when used in the commission or attempted commission of crimes of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny or a felony related to terrorism. However, this law specifically states that for violations of NRS 202.300 involving possession of a firearm by a minor, a firearm is not subject to forfeiture if it was not loaded at the time of the violation.
Disposition of Confiscated Weapons
The procedures involved when a firearm is confiscated are covered under NRS 202.340. Under this law, when any weapon is confiscated by a person charged with an offense, the weapon must be surrendered to the head of the police force if it was found by a member of such a police force in an incorporated city, or by the chief administrator of a state law enforcement agency if the possession of the weapon was detected by a member of the agency. In the latter case, it must be disposed of pursuant to NRS 333.220 (which allows items worth over $1000 to be sold at public auction.) If neither of these situations existed, it must be surrendered to the sheriff of the county where the weapon was taken.
Within one year, the confiscated weapon must be either retained for use by law enforcement, sold to another law enforcement agency, destroyed, traded to a licensed retailer or wholesaler in exchange for necessary equipment, or donated to a museum, the Nevada National Guard, or to another person furthering a charitable or public interest. The weapon can also be retained pursuant to court order or by directed by the district attorney or attorney general.
If the weapon is not destroyed, and a person is acquitted of the offense he is charged with, the firearm is to be returned upon demand from the person it was confiscated from. Also, if it is determined stolen, the weapon must be returned to the owner. However, before any firearm can be returned, the director of the forensic laboratory shall determine whether it must be examined and whether it is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.
Lawsuits against Firearms and Ammunition Companies
Per NRS 12.107, the State of Nevada is generally the only government agency in nevada that may commence a lawsuit against a manufacturer or distributor of a firearm or ammunition or a related trade association, except in cases of breach of contract or warranty for firearms or ammunition purchased by those government entities.
NRS 12.107 Limitation on commencement of lawsuit against manufacturer or distributor of firearm or ammunition or trade association related to firearms or ammunition; exception for breach of contract or warranty.
1. Except as otherwise provided in subsection 2, the State of Nevada is the only governmental entity in this state that may commence a lawsuit against a manufacturer or distributor of a firearm or ammunition or a trade association related to firearms or ammunition for damages, abatement or injunctive relief resulting from or relating to the lawful design or manufacture of a firearm or ammunition or the marketing or sale of a firearm or ammunition to the public.
2. The provisions of this section do not prohibit a county, city, local government or other political subdivision of this state or an agency thereof from commencing a lawsuit against a manufacturer or distributor of a firearm or ammunition for breach of contract or warranty concerning a firearm or ammunition purchased by the county, city, local government or other political subdivision of this state or agency thereof. (Added to NRS by 1999, 1411)
Recent Updates
June 2015: CCW reciprocity list changed.
August 2014: Nevada now recognizes Illinois Permit
August 5, 2014: Nevada no longer recognizes Louisiana or West Virginia permits.
February 2, 2014: It appears that the fine for violating a provision of the Department of Transportation regulations has increased from a maximum fine of $100 for the first offense to a maximum of $1000 for the first offense. This change happened during last legislative session, but I didn't notice it until now.
December 8, 2013: It came to my attention that I was missing references to NAC 424.600, which imposes restrictions on foster parents.
October 1, 2013: SB76 has now taken effect. As a result, one may now carry concealed any firearm defined under federal law as a handgun with their permit regardless of what handgun they qualified with. However, it is now illegal to carry a concealed semi-automatic or revolver rifle or shotgun and it is now illegal to carry an antique firearm concealed.
August 1, 2013: Due to decisions made by the Nevada Department of Public Safety and the Nevada Sherrifs' and Chiefs' Association, Rhode Island CCW permits are no longer recognized in Nevada. Also, the Idaho "Enhanced" permit and the North Dakota "Class 1" Permit are now recognized. As a result, this page and the one page carry printout have been updated.
May 13, 2013: Changing to the new style. The Nevada Constitution now has its own page rather than being repeated in different sections. Also, added some references to some laws regarding police detainment. More to come on this topic.