Gun Charges in Las Vegas, Nevada
Facing Gun Charges
If you are being arrested on gun charges in Las Vegas, you need to hire a local criminal defense attorney who is knows the gun laws. We encourage you to call us at 702-432-1000 to discuss your case.
Gun charges can arise from several situations.
- First, felons are not allowed to possess firearms and to do so is a felony.
- Second, carrying a concealed weapon without a license is also a felony in Nevada.
- Third, gun possession can create enhanced penalties for numerous other related criminal charges.
What is a Concealed Weapon
Firearms (weapons, guns) are "concealed" when they are not readily observable. For example, any weapon would be concealed when a piece of clothing is hiding it. Many concealed weapons are illegal to carry in Nevada. However, concealed guns are allowed with a concealed weapons permit.
Concealed Weapons and Nevada State Law
Concealed weapons in Nevada refer to the following:
- Firearms (guns, shotguns, rifles) with a barrel of less than 12 inches in length;
- Knives, daggers and machetes, but not steak knives;
- Explosive substances other than ammunition;
- Belt buckles that have knives attached or hidden within them.
Like most definitions in the law, there is vagueness and ambiguity that may not cover the weapon you are being charged with.
If you are not sure that your weapon would qualify as a concealed weapon, call us at 702-432-1000.
Federal Law vs. Nevada State Law
Nevada requires you to have a concealed weapons permit if you want to carry weapon at all times. Federal law does not specifically address the issuing of concealed weapons permits for firearms. Therefore, Nevada law will apply.
Are CCW Gun Permits Allowed in Boulder City, Nevada?
Boulder City has a law disallowing CCW gun permits, however Nevada State law and State Pre-emption law supersedes the Boulder City laws. This issue has yet to be heard at the Nevada Supreme Court.
Guns as Personal Defense Weapons
Personal defense weapons, such as shotguns and handguns also fall within the concealed weapons laws of Nevada, because the concealed weapons laws in Nevada do not look to the use of the weapon for its definition. Instead, the law looks to the location of the weapon on a person and the classification of a weapon.
The 2nd Amendment of the Constitution allows all U.S. citizens the right to bear arms.
Although this definition has changed over the centuries, it has always included the right to have most types of firearms for self-defense in the home.
Important: In Nevada, all firearms, even guns that are meant for self-defense in the home must be registered.
Penalty for Illegal Gun Possession
In Nevada, carrying a concealed weapon without having been granted a proper CCW permit is a Category C felony.
|Category C Felony Charge||Penalty|
|Carrying a concealed weapon without a permit||1 - 5 years imprisonment and
a fine of up to $10,000
Possession of Firearm by Prohibited Person in Nevada
Possession of a firearm by a prohibited person is a crime in Nevada. A prohibited person is defined as: ex-felon, fugitives from justice, drug users and addicts, mentally ill persons, and illegal immigrants.
How Much Jail Time Will Get an Ex-felon with a Gun?
NRS 202.360 makes possession of a firearm by an ex-felon a Category B felony and punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
Carrying a Concealed Weapon Without a Permit in Nevada
When carrying a concealed weapon, you must also carry with you your concealed weapons permit. This is similar to carrying a driver’s license when you are driving. Failure to carry your permit can result in a $25.00 fine. However, failing to have a permit altogether or only having an expired permit can result in felony charges.
What Are the Legal Ramifications For Having Over 30 Usable Guns?
In Nevada, there are NO legal ramifications for simply owning a large supply of weapons. If you have any questions, call us at 702-432-1000.
Gun Permit Requirements
Any person who meets the following criteria may apply to the Las Vegas Metropolitan Police Department for a permit:
- A Nevada resident of Clark County
- An out-of-state resident who received firearms training in Clark County
- 21 years of age or older
- Not prohibited from possessing a firearm by State or Federal law
- Successfully completes an approved firearms course in Clark County (paid for by applicant)
- Pays the appropriate fee
All applicants must attend and successfully pass a firearms safety course approved by the sheriff or another allowed by law.
All applicants must qualify with the firearm(s) they wish to carry.
All fees charged for courses or qualification must be paid by the applicant.
Can You Buy a Gun While on Bail for Domestic Violence in Nevada?
You may still purchase a gun while you face charges for battery domestic violence. However, if convicted of the domestic violence charge, you may not possess or owning firearms.
Can a Person Be Charged with Possession of a Firearm Even if They Don't Have the Firearm in Their Possession?
Yes. To be charged with possession of a firearm the defendant does not need to actually possess the firearm. You may be charged for having constructive possession of the firearm, which requires knowledge of the gun’s physical whereabouts and the ability to exercise authority and control over the gun(s) in question.
Can the Gun Permit Application Be Denied?
Yes, it can. Applications can be denied for:
- An outstanding arrest warrant(including traffic warrants)
- A felony conviction
- Judicially declared incompetent or insane
- Habitual abuser of drugs or alcohol
- A conviction for a violent crime including a misdemeanor
- A conviction for domestic violence or stalking
- Currently subject to a restraining order, injunction, or other order of protection involving domestic violence
- Currently on parole or probation
- A pending entry of a felony conviction or recent suspension of a sentence for a felony
- Pending criminal charges
- False statements on the application
In receiving a license to carry a concealed weapon for lawful self-defense, you are undertaking a great responsibility.
You may never find it necessary to use a weapon in self-defense. However, if you do, Nevada law will protect you, as long as your actions are justified under the law.
Are You Able to Buy a Gun with a Traffic Warrant in Las Vegas?
There are many places where a person can buy a gun without the previous owner doing a background check (e.g., Gun Show).
However, warrants, including a traffic warrant, will prevent you from receiving a license for a concealed firearm. In Nevada, carrying a concealed weapon without a permit is a Category C felony and punishable with 1 - 5 years in prison and a fine of up to $10,000.
Does a Misdemeanor Affect Gun Ownership in Las Vegas?
Some do. Battery domestic violence conviction will. Simply battery will not. A conviction for battery domestic violence disallows a person from owning or possessing a firearm.
The Firearm Attorney Can Help
If you are facing gun charges, call us as soon as it possible at 702-432-1000 to discuss your case.
Attorneys at Heshmati & Associates represent clients who live in Las Vegas, Henderson, North Las Vegas, Summerlin South, Boulder City, Laughlin, Mesquite, Clark County and throughout the surrounding areas of Nevada.
We also serve many tourists who are on vacation in Las Vegas.
Payment plans are available.
Walk-ins are always welcome!
- Las Vegas Gun Permit Requirements. The Las Vegas Metropolitan Police Department issues concealed firearms permits in accordance with NRS 202.3653 – 202.369.
- Penalties for Category C Felony. Fact Sheet for Nevada State.