NRS 202.265 is the Nevada law that makes bringing a gun to school a gross misdemeanor. The statute prohibits any type of firearm on the property of:
the Nevada System of Higher Education, a private or public school or childcare facility, or while in a vehicle of a private or public school or childcare facility[.]
Prosecutors may be willing to negotiate a plea bargain where the charges get greatly reduced or dismissed.
In this article, our Las Vegas criminal defense attorneys answer frequently-asked-questions about the Nevada crime of bringing guns to school.
NRS 202.265 prohibits all types of handguns and long guns on school and childcare grounds and vehicles, such as:
- Rifles, and
- Pneumatic guns (which includes most bb guns and paintball guns)1
Nevada law also prohibits other types of weapons, including knives and explosives. Learn more in our article on weapons on school property (NRS 202.265).
2. What are the penalties?
Violating NRS 202.265 is a gross misdemeanor in Nevada. The punishment is:
- Up to 364 days in jail, and/or
- Up to $2,000 in fines2
Pupils who bring guns to school will be expelled for one year. A second offense carries permanent expulsion.3
3. Who can carry guns at school?
NRS 202.265 allows the following people to possess guns at a school or childcare facility in Nevada:
- Peace officers;
- School security guards;
- Anyone with written permission from the president of a branch or facility of the NSHE;
- Anyone with written permission from the principal of the school; and
- Anyone with written permission from the person designated by a childcare facility to give permission to carry guns
It is also legal for U.S. citizens who own and operate a childcare facility out of their home to possess a gun at home if they both:
- Live in the home; and
- Comply with any other laws governing gun possession
Note that NRS 202.265 applies to childcare facilities only during their normal business hours.4
4. Can the criminal record be sealed?
Yes. A gross misdemeanor conviction can be sealed two years after the case ends in Nevada. And if the charge gets dismissed, the record may be sealed right after the case ends.5
Children adjudicated “delinquent” of bringing a gun to school will get an automatic record seal upon turning 21. They can also petition for a seal earlier as long as three years have passed since the delinquency adjudication.6
5. What are the immigration consequences?
Non-citizens convicted of any firearm offense are vulnerable to deportation.7 But a good criminal defense attorney may be able to persuade the prosecutor to drop the charge or change it to a non-deportable offense.
Call a Nevada criminal defense attorney…
Arrested for a firearm offense in Nevada? Contact our Las Vegas criminal defense attorneys for a FREE consultation. You are welcome to call us 24/7.