Nevada

CCW Law (NV ALS 713) - Yes; "shall-issue"

Juvenile Possession Law (NV 202.300) - Yes

Juvenile Sale/Transfer Law (NV 202.310) - Yes

CAP Law (NV 902.300) - Yes

Gun-Free Schools Law (NV 202.265) - Yes

Preemption Law (NV 244-364) - Yes

Record of Sale Law - None

Registration Law - None

Licensing/Permit to Purchase Law - None

Waiting Period for Handgun Purchase - None

Secondary/Private Sales Law - None

State Ban on Saturday Night Specials - None

State Ban on Assault Weapons - None

One-Gun-A-Month Law - None

 

A synopsis of state laws on purchase, possession and carrying of firearms. (As of June, 1997)

PLEASE NOTE: In addition to state laws, the purchase sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearms Owners’ Protection Act. Also, cities and localities may have their own firearm ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances—Firearms, available from the U.S. Government Printing Office, Washington, D.C. 20402.

QUICK REFERENCE CHART

 

 

Rifles and Shotguns

Handguns

Permit to Purchase

No

Yes*

Registration of Firearms

No

No

Licensing of Owners

No

No

Permit to Carry

No

Yes**

** A permit is required to carry a concealed firearm.

* 3 day wait on first permit application.

STATE CONSTITUTIONAL PROVISION

"Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes." Article 1, Section 11, Paragraph 1.

POSSESSION

No state permit is required to possess a rifle, shotgun or handgun.

A minor under 14 years of age may not possess a firearm unless accompanied by or under the immediate charge of an adult. It is unlawful to sell to a person under 18 a firearm capable of being concealed on the person.**

It is unlawful for a person convicted of a felony to own a pistol or possess any firearm.***

 **Firearms capable of being concealed upon the person include all firearms having barrels less than 12 inches in length.

***A firearm is any device designed as a weapon which expels a projectile by means of explosive or other form of combustion.

CARRYING

It is unlawful to "carry concealed upon the person" a handgun or other firearm without a permit to carry.

Exceptions to this prohibition include:

    1. Sheriffs, constables, marshals, peace officers, policemen, and special police officers.
    2. Any person summoned by a peace officer to assist in making arrests or preserving the peace while actually engaged in assisting the officer.
    3. Members of the Armed Forces of the U.S. when on duty.

The sheriff shall issue a permit to carry a firearm concealed for no more than two specific firearms to any person qualified to possess a firearm under state and federal law who submits an application and is a resident of the state; at least 21 years of age; not a felon; demonstrates competence with a firearm by presenting a certificate or other documentation to the sheriff which shows that applicant successfully completed a course approved by the sheriff issuing the permit, or successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety. Such a course must include instruction in the use of each firearm to which the application pertains and in the laws of this state relating to the proper use of a firearm. An application must be completed and signed under oath by the applicant. The signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include the name, address, place and date of birth, social security number, occupation and employer of the applicant, a complete set of fingerprints and a frontal-view colored photograph taken by the sheriff or his agent; driver’s license or identification card number issued by the department; make, model and caliber of each firearm the applicant will carry. Within 120 days after a complete application is submitted, the sheriff shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification explaining the reasons for the denial. The applicant may seek judicial review of the denial by filing a petition in the district court for the county in which the applicant resides. A judicial review must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion. If the application is granted, the sheriff shall issue the permit. A permit is valid for 5 years. A non-refundable fee is not to exceed $60.00. Each permittee shall carry the permit, together with proper identification whenever the permittee is in actual possession of a concealed firearm. A permittee shall notify the sheriff who issued the permit in writing within 30 days if permanent address changes; or permit is lost, stolen or destroyed. An application for the renewal of a permit must be completed and signed under oath by the applicant; contain a statement that the applicant is eligible to receive permit and must demonstrate competence with a firearm. The renewal fee is $25.00.

The sheriff shall deny or revoke a permit if he determines that the applicant or permittee has an outstanding warrant for his arrest; has been judicially declared incompetent or insane, has habitually used intoxicating liquor or a controlled substance to the extent that his normal faculties are impaired within the previous 5 years; been subject to any requirements imposed by a court as a condition to the court’s withholding of the entry of judgment for conviction of a felony or suspension of sentence for the conviction of a felony within the previous 5 years; or has been admitted to a mental health facility within the previous 5 years; has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor within the previous 3 years; been convicted of a crime involving domestic violence or stalking, or is currently subject to restraining order, injunction or other order for protection against domestic violence; and is currently on parole or probation.

The sheriff may deny an application or revoke a permit if he receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is at least 18 years of age that the applicant or permittee has or may have committed an offense or engaged in any other activity which would preclude the issuance of a permit to the applicant or require the revocation of a permit.

If the sheriff receives notification submitted by a court or law enforcement agency, a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the sheriff shall revoke or suspend the permit or the processing of the application until the final disposition of the charges. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore the permit without imposing a fee.

A permittee must not carry a concealed firearm into any facility of a law enforcement agency; a prison, county or city jail; a courthouse or courtroom; any facility of a public or private school; any facility of a vocational or technical school; any other building owned or occupied by the federal, state or a local government; or any other place in which the carrying of a concealed firearm is prohibited by state or federal law.

It is unlawful to carry a loaded rifle or shotgun in a vehicle that is being used on a public highway. A firearm is loaded if there is an unexpended cartridge or shell in the firing chamber but not when the only cartridges or shells are in the magazine.

Carrying an unloaded handgun in the glove compartment is not considered to be "carrying concealed."

ANTIQUES/REPLICAS

Nevada statutes are silent on antique and replica firearms. They are treated as ordinary firearms for possession and carrying purposes.

MACHINE GUNS

It is lawful to possess, purchase or sell a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

MISCELLANEOUS PROVISIONS

It is unlawful to set any "spring or trap" gun.

No person may, in the presence of two or more persons, draw or exhibit a firearm in a "rude, angry or threatening manner" not in necessary self-defense. It is unlawful to use a firearm in any fight or quarrel.

No person may discharge any bullet, projectile, or ammunition of any kind which is a tracer or incendiary in nature on any grass, brush, forest or crop covered land.

It is unlawful to change, alter, or remove or obliterate the serial number of any firearm. Possession of such a firearm is prima facie evidence that the possessor has changed, altered, removed or obliterated the serial number.

It is unlawful to hunt from an aircraft, helicopter or motor driven vehicle, including snowmobiles. A paraplegic hunter may shoot from any stopped motor vehicle which is not parked on the traveled portion of a public highway.

It is unlawful to discharge a firearm from, upon, or across any federal or state highway or main or general country road.

Any person who uses a firearm or other deadly weapon in the commission of a crime shall be imprisoned for a term equal to and in addition to the term of imprisonment prescribed by statute for such crime. The court shall not grant probation or suspend the sentence in cases of murder, kidnapping, sexual assault, or robbery.

It is unlawful to manufacture or sell any metal penetrating bullet capable of being fired from a handgun.

It is unlawful to possess, manufacture, or dispose of a rifle with a barrel under 16 inches in length, a shotgun with a barrel under 18 inches, or a rifle or shotgun with an overall length under 26 inches. Exempt are peace officers and persons licensed by the United States Department of the Treasury as importers, manufacturers, collectors or dealers.

A pupil may not possess a firearm in the premises of any public school without approval by a teacher or administrator of the school.

After June 13, 1989, no county or city may regulate the transfer, possession, registration, and licensing of firearms and ammunition.

 

 

CAUTION: State firearm laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations that you may encounter, you are strongly urged to consult a local attorney.

A SYNOPSIS OF STATE LAWS ON PURCHASE,

POSSESSION AND CARRYING OF FIREARMS.

Compiled by:

NRA Institute for Legislative Action

11250 Waples Mill Road

Fairfax, Virginia 22030

http//:www.nra.org

NS01230 Rev. 7/97 5M

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