Blog

Can a non-resident open carry in Nevada?

Posted by Neil Shouse | Nov 21, 2019 | 0 Comments

Yes. Anyone who is allowed to carry firearms can open carry in Nevada even if they do not live in-state.

What qualifies as open carry?

Like it sounds, open carry is carrying a gun so it is visible to other people. Examples of open carry are:

  • Carrying a gun in a holster on a belt that is not covered by other clothing;
  • Carrying a rifle in a sling-type fashion;
  • The "Virginia Tuck": Carrying inside a waistband holster where the pistol butt remains in view; or
  • The "Mexican Carry": Tucking the gun in a waistband with no holster

Once a shirt, coat, or another article of clothing covers a gun, it is considered concealed and not open.

Who cannot open carry guns?

Certain people are prohibited from carrying weapons ever. Some of these include:

  • Fugitives;
  • Illegal aliens;
  • Drug addicts;
  • People adjudicated as mentally ill or who have been committed;
  • Convicted felons;
  • People dishonorably discharged from the Armed Forces;
  • People convicted of domestic violence (even as a misdemeanor); and
  • People subject to a domestic violence protection order

These people are also ineligible to conceal carry as well.

Note that children under 18 usually cannot open carry guns. But there may be some exceptions, typically related to hunting. Read more about Nevada juvenile gun laws.

Where can people open carry in Nevada?

Open carry should be lawful except in the following locations:

  • Childcare facilities;
  • Public schools;
  • Nevada System of Higher Education (which includes UNLV and UNR);
  • Airport secure areas (beyond TSA checkpoints);
  • Legislative buildings;
  • VA facilities;
  • Post offices;
  • Federal facilities;
  • Military bases; and
  • Hoover Dam

There may be some exceptions depending on the situation. Gun carriers should research or consult an attorney before carrying their gun to one of these facilities.

Note that people may carry guns at Red Rock, but only if they are unloaded.

What if there is a "no firearms sign"?

People do not have to abide by "no firearm" signs if guns are otherwise legal there. People who post "no guns" signs have no lawful authority.

However, the property owner can always request that the gun carrier leave. And if the carrier says no, the carrier could face a citation for trespass under NRS 207.200. Trespass is a misdemeanor. The penalty is:

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

Can non-residents conceal carry in Nevada?

Yes, if they have a current and valid CCW permit from a state Nevada has reciprocity with.

  • Alaska
  • Arizona
  • Arkansas
  • Florida
  • Idaho (Enhanced Permit)
  • Illinois
  • Kansas
  • Kentucky Louisiana
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi (Enhanced Permits)
  • Montana
  • Nebraska
  • New Mexico
  • North Carolina
  • North Dakota (Both types of permits)
  • Ohio
  • Oklahoma
  • Oregon
  • South Carolina
  • South Dakota (Enhanced Permits)
  • Tennessee
  • Texas
  • Utah (Both types of permits)
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

Concealed carry without a valid permit (NRS 202.350) is a category C felony. The penalty is

  • 1 - 5 years in Nevada State Prison, and
  • Up to a $10,000 fine (at the judge's discretion)

People who have a CCW permit but just forget to carry it instead have to pay a $25 civil fine.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Free attorney consultations...

The attorneys at Shouse Law Group bring more than 100 years collective experience fighting for individuals. We're ready to fight for you. Call us 24 hours a day, 365 days a year at 855-LAW-FIRM for a free case evaluation.

Regain peace of mind...

Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Call us 24/7 (855) 396-0370