Nevada Gun Laws – Updated for 2022

Nevada gun laws allow for the open carry of firearms without the need for a license or registration. However, people are required to obtain a CCW permit in order to carry a concealed weapon.

Guns are prohibited at certain locations, such as

• public schools,
• child care facilities,
• VA facilities,
• airports and
• government buildings.

People face stiff Nevada State Prison sentences for violating certain firearm laws, including

• using a firearm in the commission of a crime or
• being a felon in possession of a firearm (NRS 202.360).

But it is possible just to pay a fine for other firearm crimes, such as

• brandishing a firearm (NRS 202.320) or
• possessing a firearm under the influence (NRS 202.257).

Nevada background checks are required for all gun sales. People who lose their Nevada gun rights might be able to get them back through a pardon. With some exceptions, children under 18 may not possess guns. And immigrants convicted of a firearm crime risk deportation.

In this article, our Las Vegas criminal defense attorneys answer faqs about Nevada firearm laws with links to our in-depth articles on each subject.

• 1. Where are firearms illegal?
• 2. Is open carry legal?
• 3. Is concealed carry legal?
• 4. Do criminal records or restraining orders affect firearm rights?
• 5. What are the penalties for firearms crimes?
  • 5.1. Shooting firearms
  • 5.2. Aiming or drawing firearms
  • 5.3. Possessing, making, and selling guns and ammo
  • 5.4. Serial numbers and theft
• 6. Will having a firearm increase my sentence?
• 7. How can gun rights get restored?
• 8. Is it a crime to carry a gun while drinking?
• 9. When can hunters have guns? 
• 10. Can children carry guns?
• 11. Are assault weapons legal?
• 12. Can I transport guns in my car?
• 13. Are background checks required?
• 14. What are immigrants’ firearms rights?
• 15. What is the red flag law?
• 16. Are ghost guns legal in Nevada?

1. Where are firearms illegal?

The Second Amendment protects the right to bear arms for security, hunting, recreational use, and other lawful purposes in the United States, but there are limitations. Pistols, handguns, and rifles/long guns are off-limits at the following Nevada locations:

• public airports (past the secure areas) and planes,
• childcare facilities (without written permission),
• public schools and private schools (without written permission),
• Nevada System of Higher Education property (without written permission),
• legislative buildings,
• post offices,
• VA facilities,
• federal facilities,
• military bases (with some exceptions)
• Hoover Dam

Many of these public buildings have metal detectors at each public entrance.

Possessing a gun in a prohibited location is a misdemeanor, carrying:

• up to six (6) months in jail, and/or
• up to $1,000 in fines, and
• maybe community service

Note that firearm registration in Nevada is not required to have a firearm.¹

2. Is open carry legal?

Open carry is legal throughout Nevada unless otherwise forbidden by federal or state law. Eighteen is the minimum age to possess firearms (with some exceptions). Learn more in our articles on open carry laws and carrying loaded guns/loaded firearms/loaded rifles.²

3. Is concealed carry legal?

Concealed carry is legal throughout Nevada as long as the person has a valid carrying concealed weapons (CCW) permit. Nevada is a shall issue state.

Nevada residents need a conceal carry permit from the county where they reside. For non-Nevada residents, the Department of Public Safety recognizes CCW permits from these states. Otherwise, they need to get a Nevada CCW permit from the local county sheriff. This requires demonstrating firearm safety, usually by taking a course. (Click here for a list of Nevada sheriffs, including the Clark County Sheriff.)

A law enforcement agency will deny CCW permits to

• people admitted to a mental health facility within the last 5 years or
• people who have an outstanding warrant.

Carrying a concealed firearm without a valid permit is a category C felony in Nevada, carrying:

• one to five (1 – 5) years in prison, and
• maybe a $10,000 fine

Learn more in articles about concealed carry laws, CCW reciprocity with non-residents, and how to obtain a CCW permit.³

4. Do criminal records or restraining orders affect firearm rights?

Criminal records

People with felony convictions or domestic violence convictions may not have a firearm in Nevada. Firearm possession is also prohibited for:

• fugitives,
• drug addicts,
• convicted stalkers,
• people subject to a domestic violence protection order,
• people adjudicated as mentally ill or who have been committed, and
• illegal aliens

Being an ex-felon, fugitive, or drug addict in possession of a firearm is a category B felony. The punishment is:

• one to six (1 – 6) years in prison, and
• maybe a $5,000 fine

The maximum prison sentence goes down to four (4) years if the defendant is an illegal alien or mentally ill. Learn more in our article about being a prohibited person in possession of a firearm (NRS 202.360).⁴

Restraining orders

Judges may order that the subjects of a restraining order surrender their guns and refrain from possessing firearms. Possessing firearms in violation of a restraining order is a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• up to $2,000 in fines

Learn more in our article about laws for firearms and restraining orders.⁵

5. What are the penalties for firearm crimes?

5.1. Crimes involving shooting firearms

Shooting a gun from inside a vehicle or structure in a wanton or malicious way in a populated area is category B felony, carrying:

• two to fifteen (2 – 15) years in prison, and/or
• maybe a $5,000 fine

Otherwise, the discharge of firearms in an unpopulated area is a misdemeanor carrying:

• up to six (6) months in jail and/or
• up to $1,000 in fines

The same penalties apply for firing a gun into an abandoned vehicle or structure. But if the vehicle or building is occupied, shooting is a category B felony carrying:

• one to six (1 – 6) years in prison, and/or
• up to $5,000 in fines

Learn more in our articles about shooting guns from a car or structure (NRS 202.287), shooting guns into a car or structure (NRS 202.285), discharging a weapon in public (NRS 202.280), and drive-by-shootings.⁶

5.2. Crimes involving aiming or drawing firearms

Assaulting a person with a gun is a category B felony, carrying:

• one to six (1 – 6) years in prison, and/or
• up to $5,000 in fines

Merely aiming a gun at a person is a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• up to $2,000 in fines

And simply brandishing a gun in a threatening manner is a misdemeanor, carrying:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

Learn more in our articles about

• assault with a deadly weapon,
• aiming a gun at a person (NRS 202.290), and
• brandishing a gun (NRS 202.320).⁷

5.3. Crimes involving possessing, making, and selling guns and ammo

It is a category C felony to sell or give a firearm to either a:

• fugitive,
• illegal alien,
• mentally ill person,
• felon, or
• person indicted for a felony

The sentence carries:

• one to ten (1 – 10) years in prison, and
• maybe a $10,000 fine.

Knowingly possessing, making, or disposing of a short-barreled rifle or shotgun is a category D felony, carrying:

• one to four (1 – 4) years in prison, and
• maybe a $5,000 fine.

And making or selling metal penetrating bullets for shotguns is a gross misdemeanor, carrying:

• up to 364 days in jail, and/or
• up to $2,000 in fines

Learn more in our article about possessing and selling guns and ammo. Also see our article about other gun crimes including spring gun laws (NRS 202.255) and ammunition laws (NRS 202.273).⁸

5.4. Crimes involving gun serial numbers and theft

Intentionally altering a firearm’s serial number is a category C felony, carrying:

• one to five (1 – 5) years in prison, and
• maybe a $10,000 fine

Meanwhile, knowingly possessing a gun with a changed serial number is a category D felony, carrying:

• One to four (1 – 4) years in prison, and
• maybe a $5,000 fine

Stealing a gun is a category B felony, carrying

• one to ten (1 – 10) years in prison, and
• up to $10,000 in fines, and
• victim restitution

Also see our articles about changing gun serial numbers (NRS 202.277) and stealing guns (NRS 205.226).⁹

6. Will having a firearm increase my sentence?

When a person uses a gun to carry out a crime in Nevada, the courts may double that crime’s sentence to up to twenty (20) extra years in prison. For example, the maximum sentence for the robbery (NRS 200.380) is 15 years in prison. If the defendant had a gun, the judge could double it to 30 years.

Note that enhanced sentences for gun use do not apply to cases where the gun was a necessary element of the crime itself, such as aiming a gun at someone or brandishing a gun (see the previous section for more examples). Learn more in our article about using a firearm in the commission of a crime.¹⁰

Note that committing burglary (NRS 205.060) or home invasion (NRS 205.067) while possessing a gun is a category B felony, carrying:

• two to fifteen (2 – 15) years in prison, and
• maybe a $10,000 fine.

Without gun possession, the prison sentence for burglary or home invasion is one to ten (1-10) years.¹¹

7. How can gun rights get restored?

The only way to restore gun rights in Nevada is to get a pardon (which is different from record sealing).

There is a mandatory waiting period to petition for pardons. The length depends on the class of crime the person was convicted of:

Category of crime in Nevada	Waiting period to apply for pardon
Misdemeanor battery domestic violence	5 years after the person’s release from actual custody, or 5 years after the date on which the person is no longer under a suspended sentence (whichever is later)
Category E felony	6 years from the person’s release from probation, parole or prison.
Category D felony	8 years from the person’s release from probation, or 9 years from the person’s release from parole or prison.
Category C felony	8 years from the person’s release from probation, or 9 years from the person’s release from parole or prison.
Category B felony	8 years from the person’s release from probation, or 10 years from the person’s release from parole or prison
Category A felony	12 years from the person’s release from probation, parole or prison

Learn more in our article on restoring gun rights in Nevada.¹²

8. Is it a crime to carry a gun while drinking?

Carrying a gun while drinking or in a bar is not itself illegal. But it is a misdemeanor in Nevada to possess a gun with a blood alcohol level (BAL) of .08% or higher or while under the influence of controlled substances. The location does not matter, such as at home, work, during lawful hunting, or at a shooting range. The sentence is:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

Learn more in our article about gun possession under the influence (NRS 202.257).¹³

9. When can hunters have guns?

People are required to have licenses in order to hunt with guns in Nevada. Hunting without a license is a misdemeanor, carrying:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

Learn more in our article about laws for hunting with a firearm.¹⁴

10. Can children carry guns?

With some exceptions, children under eighteen (18) may not have guns in Nevada. Children adjudicated delinquent for violating gun laws may be ordered (for a first offense):

• to perform 200 hours of community service, and
• to lose their driver’s license for up to one (1) year

And children who break Nevada’s hunting laws will lose their hunting license for at least two (2) years. Learn more in our article about Nevada juvenile gun laws.¹⁵

Giving a gun to children

Adults who unlawfully aid a child in possessing a gun face criminal charges as well. Helping a child get a hold of a gun if there is a substantial risk the child will be violent is a category C felony, carrying:

• one to five (1 – 5) years in prison, and
• maybe a $10,000 fine.

If there is no substantial risk the child will be violent, unlawfully giving a child a gun is a misdemeanor (for a first-time offense). The sentence is:

• up to six (6) months in jail, and/or
• up to $1,000 in fines

Learn more in our article about aiding children to come into possession of a gun (NRS 202.300).¹⁶

11. Are assault weapons legal?

Nevada law does not mention assault weapons. But federal law forbids machine gun possession unless it was lawfully possessed and registered prior to May 19, 1986. Illegal possession of a machine gun is a felony carrying:

• up to ten (10) years in federal prison, and/or
• a fine of up to $250,000.

Note that bump stocks – which essentially turn semiautomatic firearms into automatic ones – are now illegal to own as of March 26, 2019. This federal ban is a reaction to the Las Vegas Mandalay Bay shooting on October 1, 2017.¹⁷

Learn more in our article about assault weapon laws.

12. Can I transport guns in my car?

In Nevada, it is legal to open carry handguns in vehicles. In order to conceal carry a handgun in a vehicle, the carrier must have a CCW permit.

Motorists do not need a CCW permit in order to transport firearms in a glove box, the center console, the trunk, or other location where it is out-of-sight. But note that Nevada law prohibits driving with a loaded rifle or shot gun: There can be a loaded magazine as long as no cartridge is in the firing chamber.¹⁸

Learn more in our article about Nevada car carry.

13. Are background checks required?

Would-be gun owners need to submit to a Nevada background check in both commercial and private gun sales and transfers.

In 2016, Nevada voters approved a new law that would have required private gun merchants to run criminal background checks on prospective buyers, though the law never went into effect. On February 15, 2019, the Nevada governor signed Senate Bill 143 (2019) into law, now requiring background checks in private gun sales as well.¹⁹

14. What are immigrants’ firearm rights?

An immigrant’s legal status determines whether they may possess firearms.

In general, green card holders may possess firearms. Non-immigrant visa holders may possess firearms in certain situations, such as if they have a valid hunting license. And illegal aliens usually may not possess guns. Learn more in our article about immigrant and firearm laws.

Note that violating firearm laws is a deportable offense. Therefore, non-citizens charged with firearm crimes should retain an experienced criminal defense attorney to try to get the charge dropped or reduced to a non-removable offense.²⁰

15. What is the “red flag” law?

Nevada’s red flag law allows courts to issue an order prohibiting a person from possessing firearms if that person has displayed concerning “high risk” behavior. “High risk behavior” is when the person either:

1. Uses, attempts to use or threatens the use of physical force against another person;
2. Communicates a threat of imminent violence toward themself or against another person;
3. Commits an act of violence directed toward themself or another person;
4. Engages in a pattern of threats of violence or acts of violence against themself or another person;
5. Exhibits conduct which a law enforcement officer reasonably determines would present a serious and imminent threat to the safety of the public;
6. Engages in conduct which presents a danger to themself or another person while in possession, custody or control of a firearm or while purchasing or otherwise acquiring a firearm;
7. Abuses a controlled substance or alcohol while engaging in high-risk behavior;
8. Acquires a firearm or other deadly weapon within the immediately preceding six months before the person otherwise engages in high-risk behavior;
9. Has been previously convicted of a felony crime of violence (as defined in NRS 200.408); or
10. Has been previously convicted of violating a restraining order to protect against domestic violence or sexual assault.

The following people can ask the court to issue this “order for protection against high-risk behavior” against a person they are concerned about:

• Law enforcement officers who have probable cause to believe that the person poses an imminent risk of causing a self-inflicted injury or a personal injury to another person by having a gun.
• Family or household members who believe the person poses an imminent risk of causing a self-inflicted injury or a personal injury to another person by having a gun. (“Family and household members” comprise guardians, co-parents, domestic partners, significant others, and family by blood, adoption or marriage within the first degree of consanguinity.)

Nevada courts can grant a seven-day-long emergency order prohibiting an allegedly high risk person from having a gun without that person being at the hearing or even receiving notice of the hearing. The court just has to find by a preponderance of the evidence that:

1. The person poses an imminent risk of causing a self-inflicted injury or a personal injury to another person by possessing, controlling, purchasing or otherwise acquiring any firearm; and
2. The person engaged in high-risk behavior; and
3. Less restrictive options have been exhausted or are not effective.

Before the emergency order ends, the court will hold a second hearing to determine whether to grant a one-year extended order. (The person named in the order must have been given notice of the hearing and an opportunity to appear.) The court will grant the extended order if it finds the above three conditions by clear and convincing evidence.

The person named in the extended order must surrender their firearms to police immediately after they get served with the order. And the person may not get the guns back until the order expires or is dissolved by the court.

The purpose of this red flag law is both to prevent shootings but also to get help to the would-be shooters before they misuse a dangerous weapon.²¹

16. Are ghost guns legal in Nevada?

Assembly Bill 286 (2021) made it unlawful to possess or sell untraceable weapons (guns lacking serial numbers), including frames and receivers made with 3D printers or in unassembled gun kits. However, a Lyon County judge recently nullified the part of the ban covering gun kits. The state will likely appeal.²²

In addition, the federal government may soon be banning ghost guns by requiring serial numbers on gun parts and background checks to purchase them.²³

Arrested by a peace officer in Nevada? Contact our law firm for legal advice. We defend against all types of charges in Las Vegas, Henderson, North Las Vegas, and throughout the state of Nevada.

Also see our article on self-defense, bringing firearms to schools (NRS 202.265), short-barreled shotguns (NRS 202.275), carrying a concealed weapon in Las Vegas – 3 things to know, and Nevada taser laws: 3 key things to know.

Also see our article about the federal crime of using firearms to carry out drug trafficking or violent crimes (18 U.S.C. § 924(c)).

For California gun laws, see our article on California firearm laws.

For Colorado gun laws, see our article on Colorado firearm laws.

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Legal References