Tasers are not considered firearms in Nevada. Therefore, Nevada gun laws for open carry and concealed carry do not apply to tasers.
However, NRS 202.357 spells out various rules limiting taser possession and use. So if you are considering carrying a taser – which many people do because of rising crime rates – here are three key things you should know about taser laws in Nevada:
- Tasers can be used only for self-defense.
- Convicted felons may not possess tasers.
- Nevada law uses “taser” and “stun gun” interchangeably.
1. Tasers can be used only for self-defense
Self-defense is the only lawful reason to tase another human being in Nevada.1 State law permits you to defend yourself with proportional force if you reasonably fear imminent bodily harm.
Example: You are walking in downtown Las Vegas when a robber holds up his firsts and threatens to punch you if you do not give him your wallet. It is perfectly legal under Nevada law for you to tase the robber because any reasonable person in your possession would fear imminent bodily harm, and a taser is proportional force to being punched.
In short, you cannot use a taser to start a fight. However, you can use a taser to end a fight or fend off an attack you did not instigate.
Since tasers can be deadly weapons, unlawfully tasing someone will likely be charged as category B felony battery (NRS 200.481). Penalties include:
- 2 to 15 years in Nevada State Prison and
- a possible fine of up to $10,000.2
2. Convicted felons may not possess tasers
If you have been convicted of a felony, Nevada law prohibits you from possessing tasers unless you subsequently receive a pardon that does not restrict your right to bear arms. A past felony is a bar to taser possession no matter which U.S. state the felony occurred in or how long ago it occurred.
You also cannot possess a taser in Nevada if either:
- you are a fugitive from justice;
- you have been adjudicated mentally ill or committed to any mental health facility;
- you are an illegal alien; or
- you are under 18 years old.
The penalties depend on the circumstances of your case:
| Taser offense | Nevada sentence under NRS 202.357 |
| Taser possession by ex-felons or fugitives | Category B felony:
|
| Taser possession people adjudicated mentally ill or in the U.S. unlawfully | Category D felony:
|
| Taser possession by minors under 18 years old | Delinquency adjudication where the judge may sentence the child to juvenile detention in the same manner as if the child committed a felony. |
| Giving or selling tasers to a person knowing they cannot legally possess tasers | Category D felony:
|
3. Nevada law uses “taser” and “stun gun” interchangeably
Technically, tasers and stun guns are different weapons. Tasers operate by shooting charged projectiles at a distance. Meanwhile, stun guns operate by administering an electric shock through physical contact with the stun gun itself.
However, NRS 202.357 does not distinguish tasers and stun guns since it defines “stun gun” as a device that:
“Emits an electrical charge or current that is transmitted by projectile, physical contact or other means; and Is designed to disable a person or animal temporarily or permanently.”4
Therefore, NRS 202.357 applies to both stun guns and tasers as if they were the same weapon.
Additional reading
For more in-depth information, refer to these scholarly articles:
- Towards a socio-technical understanding of discretion: a case study of Taser and police use of force – Policing and Society.
- Stunning Trends in Shocking Crimes: A Comprehensive Analysis of Taser Weapons – Journal of Law and Health.
- The Shocking Truth: Law Enforcement’s Use and Abuse of Tasers and the Need for Reform – Villanova Law Review.
- Shocking the Conscience: What Police Tasers and Weapon Technology Reveal about Excessive Force Law – UCLA Law Review.
- Excessive force, civil liability, and the Taser in the nation’s courts: Implications for law enforcement policy and practice – Policing: An International Journal.
Legal References
- NRS 202.357 – Electronic stun device: Use prohibited except for self-defense; possession by certain persons prohibited; sale, gift or other provision to certain persons prohibited; penalties.
- NRS 200.481.
- NRS 202.357. See, for example, Coleman v. State, (2011) 373 P.3d 905.
- NRS 202.357. See, for example, Phillips v. State, (Nev. App. 2018) No. 71580.
