Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
People who are legally allowed to possess firearms may open carry handguns in a vehicle in Nevada. No permit or registration is required. The carrier just needs to make sure the vehicle is in a location where guns are permitted. The carrier also needs to make sure the gun remains visible to others.
Up to $10,000 in fines (at the judge’s discretion)
Keeping – not carrying – guns in vehicles
“Carrying” refers to keeping a gun on one’s body. So no CCW permit is required to keep a gun out-of-sight under the seat or in the glove box, trunk, case, bag, etc. It is also legal to keep guns in plain view. Examples include on the seat or in the center console or cup holder.
Note that it is not legal to keep a loaded rifle or shotgun in the car (with few exceptions). Long guns can have a loaded magazine. But they may not have a cartridge in the chamber.
Generally, it is legal to keep loaded handguns in a car. But note that Red Rock National Conservation Area prohibits having loaded firearms (in cars or while carrying).
Prohibited gun carriers
State and federal laws forbid certain people from possessing guns, in vehicles or otherwise. These include:
People convicted of felonies
People convicted of domestic violence
Fugitives from justice
People adjudicated as mentally incompetent
People dishonorably discharged from the armed forces
There are certain places where guns are prohibited in Nevada, even in parking lots. Examples include (with some exceptions):
Child care facilities; and
Nevada System of Higher Education: UNLV, UNR, College of Southern Nevada, Desert Research Institute, Great Basin College, Nevada State College, Truckee Meadows Community College, and Western Nevada College
People may be able to get written permission to carry guns in these locations from the owner or another person of authority. But this is rarely done.
People have no duty to inform police during traffic stops that they have a firearm. But people who are carrying concealed must present their CCW permit if asked.
It is a misdemeanor to drive while under the influence with a blood alcohol content of 0.08% or higher. (It becomes a felony if there was a serious injury or more than two prior DUIs in the last seven years). If the defendant also has a gun in the car, he/she faces the additional penalty of possessing a gun while under the influence (NRS 202.257). This is a misdemeanor, carrying:
Up to 6 months in jail, and
Up to $1,000 in fines
The defendant may also have to forfeit the gun.
About the Author
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.
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