With some exceptions, Nevada law prohibits minors (under the age of 18) from handling or possessing firearms without their parent or guardian accompanying them. Children found delinquent for unlawful gun possession face having their driver’s license revoked and must complete a community service requirement.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. Juvenile gun laws
- 2. Juvenile court process
- 3. Penalties for juvenile gun crimes
- 4. Additional reading
1. Juvenile gun laws
In general, it is a delinquent act for children under 18 to handle or possess guns unless they are accompanied by a parent, guardian or authorized adult. The main exception is for hunting.
A child 14 years old or older may handle or possess firearms without the accompaniment of a parent/guardian/authorized adult as long as the following are all true:
- the child has their permission (written permission if it is a concealable firearm), and
- the child has not been specifically prohibited by a previous court order or other law from possessing firearms, and
- the firearm is a rifle or shotgun that is not fully automatic, and
- the child is either attending a hunting & firearms instruction course, practicing in an established firing range, participating in a lawful competition, at their residence, or traveling to or from these locations as long as the firearm is not loaded.1
If you help children unlawfully handle or possess firearms, you face criminal penalties: A first offense is a misdemeanor in Nevada, carrying:
- up to 6 months in jail and/or
- up to $1,000.
A second offense is a category B felony in Nevada, carrying:
- 1 to 6 years in Nevada State Prison and
- up to $5,000.
However, if you know that there is a substantial risk that the child will use the gun violently, a first offense becomes a felony, carrying:
- 1 to 5 years in prison and
- up to $10,000.2
Minors under 18 are typically prosecuted in juvenile court rather than criminal court.
2. Juvenile court process
Peace and probation officers who have probable cause to believe that a child unlawfully used or threatened the use of a gun may take the child into custody. The child may not be released before there is a detention hearing. Fingerprints will be taken as well.3
If the child was detained for carrying or possessing a firearm while on the property of or in a vehicle of a school or childcare facility, the child would be evaluated by a professional and submitted to drug tests. If the child was detained for another purpose, the court will determine whether an evaluation is necessary.
All evaluations must be completed within 14 days of the detention hearing. Prior to then, the child must either be detained or placed under a supervision program in the home that may include electronic surveillance. Any statements made by the child during the evaluation (or evidence derived from the evaluation) may not later be used against them.4
Juvenile court in Clark County typically has jurisdiction over crimes allegedly committed by minors, but there are exceptions for more serious offenses. Children 14 or older charged with the use or threatened use of a firearm will usually be certified for criminal court.5 Juvenile court never has jurisdiction over cases involving a 16-year-old charged with gun use.6
3. Penalties for juvenile gun crimes
When determining punishment for a child in Nevada who used a firearm against a victim during an unlawful act, the juvenile court may confine the child to a secure facility and impose other measures the court deems necessary for the best interest of the child and the public.7
If a child is adjudicated delinquent for breaking a firearm law, the juvenile court may order the following:
- For a first offense, that the child performs 200 hours of community service in Nevada AND have their driver’s license taken away for no more than a year.
- For a second offense, that the child performs 200 to 600 hours of community service AND have their driver’s license taken away for 90 days to two years.
If the child does not have a driver’s license to revoke, then the child may not receive a license for the ordered time period. If the child is not old enough to drive, then the suspension will be imposed once the child reaches driving age. If the child already has their license suspended, then the court will order an additional delay to run consecutively with the previous order.8
If a child handles a gun in violation of Nevada’s hunting laws, a juvenile court will revoke the child’s hunting license and order that the child does not receive another license for at least two years or until they are 18 (whichever is later).9
4. Additional reading
For more in-depth information, refer to these scholarly articles:
- Guns and Juvenile Crime – The Journal of Law and Economics.
- Risky Behavior, Juveniles, Guns, and Unintentional Firearms Fatalities – Youth Violence and Juvenile Justice.
- The illicit acquisition of firearms by youth and juveniles – Journal of Criminal Justice.
- Examining the Arsenal of Juvenile Gunslingers: Trends and Policy Implications – Crime & Delinquency.
- Guns, Gangs, and Preschools – Moving beyond Conventional Solutions to Confront Juvenile Violence – Barry Law Review.
Nevada law permits minors to hunt with guns under some circumstances.