Updated
The open carry of firearms in Nevada is legal without the need of a license or registration. However, people are required to obtain a Nevada CCW permit in order to carry a concealed weapon in Nevada. There are certain locations where guns are prohibited, including:
- public schools,
- child care facilities,
- VA facilities, and
- legislative 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 Nevada 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 provide an overview of Nevada firearm laws with links to our in-depth articles on each subject. Click on a topic to jump to that section.
- 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?
- 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. Are background checks required?
- 13. What are immigrants’ firearms rights?
- 14. What is the red flag law?
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 are not permitted 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 Nevada misdemeanor, carrying:
- up to six (6) months in jail, and/or
- up to $1,000 in fines, and
- maybe community service in Nevada
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 Nevada open carry laws and carrying loaded guns in Nevada.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 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 Nevada concealed carry laws and how to obtain a Nevada 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 in Nevada. 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 an ex-felon in possession of a firearm in Nevada (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 in Nevada, 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, 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 guns 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 numbers 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 in Nevada
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. 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.18 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
13. 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
14. What is the “red flag” law?
Family or household members can now ask the court to temporarily keep firearms away from a person who appears to be a threat to him/herself or others.
The purpose of this law is both to prevent shootings but to also get help to the would-be shooter.21
Contact us for help if you are facing criminal charges.
Also see our article on bringing firearms to schools (NRS 202.265), spring guns (NRS 202.255), and short-barreled shotguns (NRS 202.275).
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.
Legal References
- NRS 218A.905; NRS 202.265; The Gun-Free School Zones Act of 1990; 38 CFR §1.218 (13); 39 CFR § 232.1(l); 18 USC § 930; 54 USC § 104906; 49 CFR § 1540.111; 49 USC § 46505; 43 CFR § 423.30.
- NRS 202.360; NRS 202.300; NRS 33.031; 18 U.S.C. § 922(g)(9).
- NRS 202.350; NRS 202.3657; Attorney General Opinion No. 93-14; Nevada state law has preemption over local laws, though local authorities can regulate the discharge of firearms. NRS 268.418.
- NRS 202.360.
- NRS 33.031.
- NRS 202.287; NRS 202.285.
- NRS 200.471; NRS 202.290; NRS 202.320.
- NRS 202.362.
- NRS 202.277; NRS 205.226.
- NRS 193.165.
- NRS 205.060; NRS 205.067.
- NRS 213.
- NRS 202.257.
- NRS 502.
- NRS 62D.
- NRS 202.300.
- 18 USC § 922 (o); Devlin Barrett, “Justice Department will ban bump-stock devices that turn rifles into fully automatic weapons,” Washington Post (December 18, 2018).
- Lois Beckett, “Nevada voters approved a new gun control law – so why was it not enforced?” The Guardian (October 3, 2017).
- Nevada Senate Bill 143 (2019); Bill Dentzer, “Sisolak signs Nevada gun background checks bill into law,” Las Vegas Review-Journal (February 15, 2019).
- 8 USC § 1227.
- Nevada Legislature Assembly Bill 291 (2019).