Nevada allows residents to carry concealed firearms if they have the proper permit, but other individuals who carry a concealed firearm or other weapon could face serious criminal charges.
NRS 202.350 sets out prohibitions against the manufacture, importation, possession or use of certain "dangerous weapons" and silencers, and further prohibits the concealed carry of other weapons.
NRS 202.350(1)(a) prohibits individuals in Nevada from possessing, manufacturing, importing into the state, holding out for sale, or giving or lending any of the following weapons:
Regarding the above weapons, there are certain exceptions for peace officers, active military, and weapons manufacturers who have applied for and received specific permits. These are limited exceptions, however, and will not apply to the vast majority of individuals who are charged under this statute.
Unless otherwise authorized to do so under federal law, NRS 202.350(1)(b) prohibits individuals in Nevada from possessing, manufacturing, importing into the state, holding out for sale, or giving or lending any of the following weapons:
Note that the above, machine guns and silencers, are prohibited under Nevada law unless they are not prohibited under federal law.
NRS 202.350(1)(c) prohibits individuals from possessing the following weapons, but only if the individual possessing the weapon has "the intent to inflict harm" on another person:
Please note that it is illegal to possess or manufacture any of the weapons listed above whether or not the weapons are concealed. The following weapons are illegal to carry concealed. In particular, NRS 202.350(1)(d) prohibits individuals from carrying any of the following weapons concealed on their persons:
In the context of firearms, Nevada law defines a "concealed weapon" as any "loaded or unloaded pistol, revolver or other firearm which is carried upon a person in such a manner as not to be discernible by ordinary observation."
NRS 202.265(5)(b) defines a "firearm" as follows: "any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force." This includes BB guns, according to a 2009 Nevada Supreme Court case called Funderburk v. State.
For the purposes of this section, a "deadly weapon" is defined by Nevada law as either:
The potential punishment you face if convicted of any of the charges above varies considerably, so read the following carefully.
A violation of NRS 202.350(1)(b) (i.e. possession of machine guns and silencers not authorized by federal law) is a category C felony, punishable by 1 to 5 years in a Nevada prison or a $10,000 fine.
A violation of NRS 202.350(d)(1) and (3) (i.e. concealed carry of a firearm, explosive substance, or "other deadly weapon") is also a category C felony, punishable by 1 to 5 years in a Nevada prison or a $10,000 fine.
Every other violation of the above laws—for a first offense—is a gross misdemeanor, punishable by up to one year in county jail and/or a $2,000 fine. A second, third, or any subsequent conviction is a category D felony, punishable by 1 to 4 years in Nevada state prison and a $5,000 fine.
As outlined above, any of the above offenses is serious, and can result in a jail or prison sentence. Potential defenses to the above crimes will vary considerably depending upon the particular facts of the case. In every case, however, the prosecutor must prove every element of every offense beyond a reasonable doubt before obtaining a conviction. But even when the evidence of guilt is strong, a good criminal defense attorney will often be able to avoid many of the harsh consequences of a conviction by reaching a favorable deal with the prosecutor. Therefore, individuals who are charged with these crimes should seek the help of a criminal defense attorney as soon as possible.
I have represented many individuals accused of weapons crimes in Las Vegas and throughout Clark County, Nevada. So if you or someone you care about has been charged with any of the above crimes, call me directly for a free consultation, and we'll start talking immediately.