While it is generally legal to carry a knife in public in Nevada, there are restrictions on certain types of knives. Knives with blades longer than four inches may not be carried, and switchblades, stilettos, and balisong knives are prohibited. It’s worth noting that there may be additional restrictions on knife possession in specific places, such as government buildings or schools. So it’s a good idea to research local laws before carrying a knife in public.
Penalties
The punishment for violating Nevada knife laws depends on the specific charge:
Nevada knife offense | Penalties for a first offense |
---|---|
Carrying a concealed knife with a 3-plus inch blade in Clark County without a sheriff’s written permission | Misdemeanor
|
Possessing a knife at school | Gross misdemeanor
|
Brandishing a knife | Misdemeanor
|
The defense attorney may be able to persuade the D.A. to dismiss the charge or plea bargain it down.
Defenses
Depending on the specific charges, common defenses to Nevada knife crimes include:
- The weapon was not concealed
- The blade length was less than 3 inches
- The weapon was not prohibited on school property
- You brandished the weapon in accordance with Nevada self-defense laws
As long as the prosecutor has insufficient evidence to prove guilt beyond a reasonable doubt, the criminal charges should be dropped.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. Do I need a CCW permit for knives in Nevada?
- 2. Can I carry knives openly?
- 3. What places are knife-free?
- 4. Can I brandish knives?
- 5. Are any knives illegal?
- 6. What are the penalties?
- 7. What are common defenses?
- 8. Can the record be sealed?
- 9. Are knife crimes deportable?
- 10. What are knife-related crimes?
Carrying a concealed machete without a proper CCW permit is a crime in Nevada.
1. Do I need a CCW permit for knives in Nevada?
Nevada law requires you to have a CCW permit in order to carry concealed machetes or other dangerous or deadly weapons.1
NRS 202.350 does not define which types of knives other than machetes qualify as “dangerous or deadly.”2 However, NRS 202.265 and NRS 202.320 indicate that dangerous and deadly weapons may include:
- dirks,
- dirk-knives,
- swords,
- sword canes,
- daggers, and
- switchblades
Contact your local sheriff to see if you need a CCW permit to conceal carry your particular knife.
A knife is considered concealed if it is carried in a way meant to go unnoticed. Examples include carrying a knife:
- in a pocket (pocket knife),
- in a bag, or
- on a belt buckle under a jacket3
For more information see our article on carrying concealed knives.
1.1. CCW in Clark County
Note that Clark County law requires you to have a CCW permit in order to carry concealed any type of knife with a blade of three (3) inches or longer.4 For more information, contact the Las Vegas Metropolitan Police Department at 702-828-3111.
Note that Nevada does not have statewide preemption for knife laws. Local governments can make their own, harsher laws.
1.2. How do I get a CCW permit for knives?
You should contact your local sheriff’s office for instructions and reciprocity rules. The vast majority of CCW permits are for carrying concealed firearms, and gun permits have different requirements than those for carrying concealed knives.
If you wish to carry any concealed knife, you are encouraged to contact an attorney to help determine whether a CCW permit is necessary for your type of knife. You can also contact the local sheriff‘s office for guidance.
Here is a list of links to Nevada sheriff’s offices.
2. Can I carry knives openly?
All knives are legal to open carry in public in Nevada, including stilettos and balisong knives. However it is unlawful to carry dirks, daggers, or switchblades at
- schools,
- public universities, or
- childcare facilities.5
Plus cities may put restrictions on what kind of knives you can carry and where, so check your local laws.
See our related article, Can you open carry a knife in Las Vegas?
3. What places are knife-free?
Nevada law prohibits the open or concealed possession of dirks, daggers, or switchblades in the following children-populated locations:
- Private or public schools (or vehicles belonging to them)
- Public universities such as UNLV
- Licensed childcare facilities (or vehicles belonging to them)
Exceptions to this rule include
- security guards,
- law enforcement officers,
- peace officers, and
- other people given written permission to carry the weapon on the premises.
If you run childcare facilities in your own home, you may have your knives on the premises; however, you should be careful to keep the children away from them or else you could face charges of reckless endangerment (NRS 202.595) or worse.6
For more information see our article on possessing weapons at schools or childcare facilities (NRS 202.265).
4. Can I brandish knives?
It is illegal in Nevada to draw or brandish deadly knives in a rude, angry, or threatening manner in the presence of two (2) or more people. NRS 202.320 specifies “deadly” weapons to include:
- dirks,
- dirk-knives,
- swords, and
- sword canes
Note that brandishing a knife is an entirely different offense from assault with a deadly weapon (NRS 200.471(2)(b) (ADW). ADW is putting another person in anticipation of immediate bodily harm with a knife or other deadly weapon.
Furthermore, ADW can be committed with only one person present, whereas brandishing a knife requires at least two people present. ADW carries much harsher penalties than drawing a knife threateningly.7
For more information see our article on drawing a knife in a threatening way (NRS 202.320).
5. Are any knives illegal?
No knives are illegal to possess in Nevada. State law used to have restrictions on switchblades, but that statute was recently repealed. For more information, see our article on switchblade knife laws. Other names for this include
- automatic knives,
- spring-blade knife, and
- snap-blade knife.
Examples of legal knives include:
- balisongs
- bowie knives (a type of fixed blade)
- stilettos
5.1. Trefoils
Note that Nevada law does prohibit you from possessing trefoils in the following circumstances:
Trefoils are illegal to bring to school in Nevada.
- on school or child care property (or vehicles belonging to them),
- at public universities, or
- with the intent to inflict harm upon another person
Trefoils are not really considered knives, but they do have at least three sharp edges. Like knives, trefoils may be thrown. Trefoils also go by the names
- throwing stars or
- ninja stars.8
6. What are the penalties?
The punishment for wrongfully carrying or brandishing a knife depends on the specific offense:
6.1. Carrying a concealed knife without a CCW permit
A first offense is a gross misdemeanor:
- Up to 364 days in jail, and/or
- Up to $2,000 in fines
A subsequent offense is a category D felony
- 1 – 4 years in Nevada State Prison, and
- up to $5,000 in fines (at the judge’s discretion)9
6.2. Carrying a concealed knife in Clark County
Misdemeanor:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines10
6.3. Possessing or using a trefoil with intent to cause harm
A first offense is a gross misdemeanor:
- Up to 364 days in jail, and/or
- Up to $2,000 in fines
A subsequent offense is a category D felony
- 1 – 4 years in prison, and
- up to $5,000 in fines (at the judge’s discretion)11
6.4. Possessing a knife at school
Gross misdemeanor:
- Up to 364 days in jail, and/or
- Up to $2,000 in fines12
6.5. Brandishing
Misdemeanor:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines13
Depending on the case, the D.A. may be willing to dismiss or reduce the charges to lesser offenses. Plus judges may elect to impose probation in lieu of incarceration.
7. What are common defenses?
The best way to fight charges of Nevada knife crimes always depends on the specifics of your case. Possible defenses to violations of Nevada state knife laws are the following:
- The weapon is not concealed (in NRS 202.350 cases),
- The blade is less than three inches long (in Clark County CCW cases),
- The weapon is not illegal at schools (in NRS 202.265 cases), and/or
- You acted in self-defense (in NRS 202.320 cases)
7.1. The weapon is not concealed
Nevada law requires CCW permits for dangerous knives only when you are wearing them in a concealed manner.14 Maybe the police incorrectly believed the knife was hidden when in fact you were openly carrying it.
Common evidence that may show that your knife was visible includes:
- surveillance video,
- photographs, and/or
- eyewitnesses
As long as the prosecutor cannot prove beyond a reasonable doubt that the knife was concealed from plain view, criminal charges for carrying a concealed knife should not stand.
7.2. The blade is less than three inches long
Clark County law prohibits concealed carry of knives that are three (3) inches in length or longer.15 If you can show that the police were mistaken about the blade being too long, then the charge should be dropped. An accurate ruler that measures down to the micrometer would be helpful evidence.
7.3. The weapon is not illegal at schools
Nevada law specifically prohibits only dirks, daggers, or switchblades from
- schools,
- public universities or
- childcare properties.16
If your defense attorney can show that the knife in question does not fall under the definition of dirk, dagger, or switchblade, the NRS 202.265 charges should be dismissed. Testimony from a weapons expert would be helpful evidence.
7.4 The defendant brandished the weapon in self-defense
Nevada law permits you to brandish knives in a rude, angry or threatening manner as long as it is done in self-defense.17
Example: Bill and Fred get into an argument in Fred’s living room during a party. Bill starts punching Fred. Fred retaliates by pulling off the sword he keeps on his mantle and waving it at Bill. Even though Fred clearly drew the sword in a threatening manner in front of two or more people, Fred should not face NRS 202.320 charges because he was acting in self-defense.
Had Bill in the above example not punched Fred but merely yelled at him, Fred would probably not be justified in waving the sword at Bill. Self-defense is a valid defense only when you did not make the first move, and you use proportional force.18
8. Can the record be sealed?
Yes, though the waiting period to apply for a seal depends on the specific offense:
Nevada knife offense | Waiting period to get a record seal |
First conviction of carrying a concealed knife without a CCW permit outside of Clark County (gross misdemeanor) | 2 years after the case ends |
Carrying a concealed knife with a three-inch or longer blade in Clark County without a sheriff’s written permission (misdemeanor) | 1 year after the case ends |
Subsequent conviction of carrying a concealed knife without a CCW permit outside of Clark County (category D felony) | 5 years after the case ends |
First conviction of possessing or using a trefoil with intent to harm (gross misdemeanor) | 2 years after the case ends |
Subsequent conviction of possessing or using a trefoil with intent to harm (category D felony) | 5 years after the case ends |
Carrying a knife at school (gross misdemeanor) | 2 years after the case ends |
Brandishing a knife (misdemeanor) | 1 year after the case ends19 |
Dismissed charges (no conviction) | No waiting period20 |
Learn more about how to seal criminal records in Nevada.
9. Are knife crimes deportable?
Illegally carrying or brandishing a knife is usually not deportable. However, it is never a sure thing how immigration judges will rule.
Any non-citizens charged with criminal offenses are advised to hire an attorney as quickly as possible. Perhaps the D.A. will be willing to dismiss the charges or at least change them to offenses that are unquestionably non-deportable.
10. What are knife-related crimes?
10.1. Using a deadly weapon in the commission of a crime
When you use or possess a deadly weapon while executing a crime, the judge will increase the sentence by one to twenty (1 – 20) years. However, this added sentence may not be longer than the underlying sentence.
So for example, if you are sentenced to 8 years behind bars for armed robbery (NRS 200.380), the extra sentence can be no longer than 8 years for a total sentence of 16 years.21
10.2. Nevada battery laws (NRS 200.481)
Battery (NRS 200.481) is an unlawful use of physical force on another person. Common examples include
- stabbing,
- hitting,
- kicking,
- slapping,
- spitting on, and
- poisoning.
Battery can be a felony or a misdemeanor depending on whether the situation involved
- weapons,
- strangulation, or
- substantial bodily harm.22
10.3. Nevada assault laws (NRS 200.471)
Assault (NRS 200.471) is like an attempted battery. Assault is putting someone else in the apprehension of being immediately physically harmed. A common example is holding a knife in front of someone’s neck as if the person is about to be struck.
Assault can be a felony or a misdemeanor depending on
- whether weapons are involved and
- whether the victim is a police officer (or other “protected class”).23
Contact us if you’ve been charged with a criminal offense.
Also see our related articles, Are butterfly knives legal in the state of Nevada? and Carrying a concealed weapon in Las Vegas – 3 things to know.
Arrested in California? Go to our informational article on California knife laws.
Arrested in Colorado? See our articles on Colorado knife laws, possession a weapon on school grounds (CRS 18-12-105.5), carrying concealed weapons in Colorado, or possessing a dangerous weapon (CRS 18-12-102).
Legal References:
- NRS 202.350.
- Knight v. State, 116 Nev. 140, 993 P.2d 67 (2000) (“[T]he determination of whether a common steak knife is a dangerous or deadly weapon is a question of fact for the jury…”); Buff v. State, 114 Nev. 1237, 970 P.2d 564 (1998) (“[T]he district court could not determine as a matter of law that the Swiss army knife used by appellants was a deadly weapon…”).
- See, for example, Huebner v. State, 731 P.2d 1330, 103 Nev. 29 (1987) (The Nevada Supreme Court found that the defendant’s jacket concealed his knife.).
- Clark County Code 12.04.180.
- NRS 202.265.
- NRS 202.265.
- NRS 202.320. NRS 200.471(2)(b).
- NRS 202.265; NRS 202.350(i).
- NRS 202.350.
- Clark County Code 12.04.180.
- NRS 202.350.
- NRS 202.265.
- NRS 202.320.
- NRS 202.350.
- Clark County Code 12.04.180.
- NRS 202.265.
- NRS 202.320.
- See NRS 200.200.
- NRS 179.245.
- NRS 179.255.
- NRS 193.165.
- NRS 200.481.
- NRS 200.471.