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Nevada Constitutional Carry Laws

devinschumacher edited this page Oct 30, 2024 · 2 revisions

Nevada Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.


Nevada Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Nevada Gun Laws Overview

Nevada, known for its historical ties to gunslingers and mining towns, faced a significant shift in the gun control debate following a tragic incident. In 2017, a gunman opened fire on the Route 91 Harvest Music Festival in Las Vegas from a 32nd-floor hotel suite, killing 58 people and injuring hundreds more. This remains the deadliest mass shooting in American history and prompted Nevada to revisit its gun control laws.

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Key Legislative Changes Post-Tragedy

The Las Vegas shooter possessed 23 firearms at the time of the attack, many of which were AR-15 assault-style rifles equipped with bump stocks. Bump stocks enable semi-automatic rifles to fire similarly to fully automatic firearms. After the massacre, there were legislative moves to ban bump stocks. When Congress stalled, the Trump Administration initiated a rule change to outlaw them, a process continued by the Biden Administration. Litigation on this rule change is ongoing.

In 2019, Nevada banned bump stocks and enacted a red flag law, allowing family members or law enforcement to petition a court to confiscate firearms from individuals deemed a risk to themselves or others.

Federal Firearms Law

Federal firearms law begins with the Second Amendment of the U.S. Constitution, which grants the right to bear arms. The U.S. Supreme Court has interpreted this as an individual right for self-defense and other lawful purposes, subject to state and federal regulations. In 2022, the Court established that regulations must be historically reasonable and not overly burdensome, prompting new challenges to various state and federal firearms laws.

Federal legislation provides a framework for the manufacture, sale, possession, and use of firearms. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) licenses gun dealers and oversees certain dangerous weapons like machine guns. Federal law also restricts firearm possession for certain categories of people, such as felons.

Nevada’s Firearms Regulations

Nevada defines a firearm as any device designed to be used as a weapon from which a projectile can be expelled through the barrel by an explosion or combustion. Handguns with barrels shorter than 12 inches are considered concealable firearms.

Nevada’s firearm regulations are relatively limited:

  • No permits required to purchase guns
  • No firearm registration
  • No gun owner licenses
  • No waiting period for firearm purchases

However, Nevada bans bump stocks, undetectable “ghost” guns, and requires background checks for private sales and transfers of firearms through a licensed dealer.

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Open and Concealed Carry

Nevada allows open carry of firearms. However, carrying a loaded rifle or shotgun inside a vehicle on public roads is illegal.

Nevada is a “shall issue” state for concealed carry permits, meaning permits must be issued to qualified applicants. Applicants must:

  • Be 21 years or older (some exceptions for military personnel)
  • Apply through their local county sheriff (non-residents can apply to any county sheriff)
  • Provide driver’s license information and fingerprints
  • Pass a criminal background check

The Nevada Department of Public Safety updates a reciprocity list annually, detailing which out-of-state permits Nevada recognizes. Carrying a concealed weapon without a permit in Nevada is a felony.

Prohibited Locations for Firearms

Even with a concealed carry permit, firearms are prohibited in certain locations:

  • Law enforcement facilities
  • Prisons, jails, and detention centers
  • Courthouses and courtrooms
  • Public airports
  • Schools, childcare facilities, and college properties (with exceptions)
  • Public buildings with metal detectors and posted notices
  • State legislative buildings
  • Other federal, state, or local government buildings, unless permission is granted

Nevada Gun Laws at a Glance

Relevant Statutes

  • Title 3, Chapter 33 : Injunctions and Protection Orders (Sections 33.010–33.670)
  • Section 33.0305 : Domestic violence protection orders
  • Section 33.031 : High-risk behavior protection orders
  • Section 33.560 : Filing for emergency or extended high-risk orders
  • Section 33.580 : Requirements for extended orders
  • Section 33.590 : Contents of emergency or extended orders
  • Title 15, Chapter 202 : Weapons (Sections 202.253–202.369)
  • Section 202.2547 : Background checks for certain sales or transfers
  • Section 202.265 : Firearm possession on school or childcare property
  • Section 202.273 : Manufacture or sale of metal-penetrating bullets
  • Section 202.274 : Bump stock regulations
  • Section 202.275 : Short-barreled rifle or shotgun regulations
  • Section 202.277 : Alteration of firearm serial numbers
  • Section 202.300 : Firearm possession by minors
  • Section 202.310 : Sale of firearms to minors
  • Section 202.350 : Manufacture, importation, or possession of dangerous weapons
  • Section 202.360 : Firearm possession by prohibited persons
  • Section 202.362 : Sale or transfer of firearms to prohibited persons
  • Section 202.3657 : Concealed carry permit application requirements
  • Section 202.3667 : Carrying permit and ID for concealed firearms
  • Section 202.3673 : Concealed carry in public buildings

Illegal Arms

Nevada prohibits the following firearms without a valid state or federal license:

  • Devices that enable semi-automatic firearms to function like automatic firearms (e.g., bump stocks)
  • Short-barreled rifles and shotguns
  • Defaced firearms (with altered or removed serial numbers)
  • Machine guns
  • Silencers

Waiting Period

Nevada does not have a waiting period for purchasing firearms.

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