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Call Us NowNevada Gun Laws as to Automatic Weapons
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Nevada gun law does not prohibit possessing machine guns (automatic weapons). However, federal law prohibits the possession of machine guns unless they were lawfully possessed and registered prior to May 19, 1986.
In order for someone to lawfully transfer a legally-owed machine gun in Nevada, the person must obtain a permit from ATF (the Bureau of Alcohol, Tobacco, Firearms and Explosives). This typically requires a $200 excise tax.
In order to transfer a machine gun between states, the ATF has to give approval.1 And some states such as California ban machine guns completely.2
What is the penalty for unlawfully having a machine gun?
The illegal possession of a machine gun is a federal felony. The sentence is:
- Up to 10 years in federal prison, and/or
- A fine of up to $250,0003
It does not matter if the person is an otherwise lawful and careful firearms owner.
What is the legal definition of machine guns?
Federal law defines a machine gun as:
[A]ny weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.4
Are semi-automatic guns legal in Nevada?
Yes, semi-automatic firearms are legal in Nevada. But note that bump stocks – which essentially convert semi-automatic weapons into automatic firearms (machine guns) – are illegal under federal law.5
The bump stock ban was implemented in reaction to the October 1, 2017 Las Vegas shooting by Stephen Paddock. The gunman shot from the Mandalay Bay on the Las Vegas Strip. This mass shooting killed 60 concertgoers.6
Also note that Nevada has no laws concerning high capacity magazines.7
Who is prohibited from having machine guns?
Nevada state law forbids the following people from carrying, possessing, or owning any type of firearm in the state of Nevada:
- People convicted of domestic violence (even as a misdemeanor) in the U.S.
- People convicted of stalking a family member or current or former intimate partner in the U.S.
- Convicted felons in the U.S. unless the person received a pardon restoring the right to bear arms.
- People subject to an extended protection against domestic violence, and the order prohibits them from possessing firearms.
- Fugitives.
- Drug addicts or unlawful users of controlled substances.
- People prohibited by federal law from having a gun (this includes anyone dishonorably discharged from the armed forces as well as anyone who renounced their American citizenship).
- People adjudicated as mentally ill or committed to a mental health facility by a court in the U.S.
- People who pleaded guilty but mentally ill in the U.S.
- People found guilty but mentally ill in the U.S.
- People acquitted of a crime by reason of insanity in the U.S.
- Undocumented aliens
The prohibited possession of a firearm is a felony carrying up to six years in Nevada State Prison.8
Call our law firm for legal advice. We offer free consultations.
See our related articles on concealed firearms/concealed weapons, assault weapons, background checks, open carry state laws, obtaining a conceal carry permit for handguns (“shall issue”), short-barreled long guns and shot guns, and silencers.
Helpful Links
- Giffords Law Center to Prevent Gun Violence
- Gun Control Act of 1968
- 1994 Assault Weapons Ban, Department of Justice
- National Rifle Association
- Gun Owners for Responsible Ownership
- FBI
- Nevada Attorney General
Legal References
- 18 U.S. Code 922 (o).
- Cal. Penal Code ยง 32625.
- 18 U.S. Code 924 (a)(2).
- 26 U.S.C. 5845 (b). See also 18 U.S. Code 921 (a)(23).
- See Bump-Stock Ban Remains as Appeals Court Splits on Gun Law (1), Bloomberg Law (December 3, 2021).
- Las Vegas Shooting, Las Vegas Review-Journal.
- Large Capacity Magazines in Las Vegas, Giffords Law Center to Prevent Gun Violence.
- NRS 202.360.
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, 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.
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