FIND GUN LAWS BY STATE

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ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

Nevada Gun Laws

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Introduction

Nevada is largely composed of desert, and over two-thirds of the population of the state lives in the Las Vegas Metropolitan Area. California borders to the west, Arizona to the southeast, Utah to the east, and Oregon and Idaho to the north. Open carry is legal in Nevada with a valid license to carry, and one may possess a handgun in their vehicle without a permit so long as it is visible.

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A. State Constitution

Regarding the right to bear arms, the Nevada Constitution states:

“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.”

[http://gunla.ws/nv1]

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B. Scope of Preemption

The controlling language of the Nevada preemption statute is set forth as follows:

“Except as otherwise provided by specific statute, the Legislature reserves for itself such rights and powers as are necessary to regulate the transfer, sale, purchase, possession, ownership, transportation, registration and licensing of firearms and ammunition in Nevada, and no county may infringe upon those rights and powers, except that a town board may proscribe by ordinance or regulation the unsafe discharge of firearms.”

[http://gunla.ws/nv2]

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C. Reciprocal Carry

By statute, Nevada will recognize another state’s license to carry if that state recognizes Nevada’s license:

“A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3653 to 202.369, inclusive.” [http://gunla.ws/nv3]

Anyone contemplating reciprocal carry should check with the official list maintained by the Nevada Law Enforcement Agency at the time the reciprocal carry is to occur. Nevada’s reciprocity agreements can be viewed online. [http://gunla.ws/nv4]

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D. Duty to Inform Officers

Nevada does not require individuals to inform a LEO of a permit or license to carry but if an Officer asks about a weapon, by law, an answer must be supplied. Each permittee must carry their permit and proper identification whenever they are in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a LEO. [http://gunla.ws/ox3c]

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E. NFA Items

Nevada permits ownership of all NFA items, provided they are legally obtained pursuant to federal law. Hunting with suppressors is legal.

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F. Carrying Firearms in Vehicles

Nevada permits anyone who is legally allowed to possess firearms to carry them in a vehicle without a permit, openly or concealed. Long guns must be unloaded when transporting in an automobile unless You are paraplegic or have had a leg amputated.

[http://gunla.ws/nv5]

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G. Self-defense Laws

Nevada has both Castle Doctrine and SYG laws. There is no duty to retreat from any place You have a legal right to be. You may use force, including deadly force, in defense of yourself or others if You reasonably believe it is necessary to prevent imminent death, SBI, the commission of a forcible felony, or to stop the unlawful & forcible entry into a dwelling with intent to harm an occupant. [http://gunla.ws/nv6]

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H. Criminal Provisions

Under Nevada law, a license to carry a handgun is not valid in any of the following places or circumstances, whether it is issued by Nevada, or a person is carrying pursuant to a reciprocity between his or her state of license and Nevada:

  • While under the influence of alcohol (a blood-alcohol concentration of .10 or more) [http://gunla.ws/nv7]
  • While on the property of the Nevada Higher Education or a private or public school grounds or school vehicle
  • Any public building who has posted that carry is prohibited
  • Any public building located on the property of a public airport
  • A public building that has a metal detector at each public entrance, or where a sign is posted at each public entrance
  • While hunting 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
  • Discharge a firearm from, upon, or across any federal or state highway/county road
  • Discharge in any public place where any person might be endangered

 For a list of places where carrying firearms is prohibited, see:
[http://gunla.ws/nv8]

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I. Do “No Gun Signs” Have the Force of Law?

No. “No Firearm” signs in Nevada do not have the force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a permit/license to carry. However, as a possessor with a real property interest, a retailer, has the right to limit, and qualify the right to enter the property, subject to not carrying a handgun. It would be improper to enter, and the licensee would be subject to ejection for possession of a handgun thereat. Failure to leave once requested would subject the licensee to criminal charges.

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J. Carry in Restaurants the Serve Alcohol

Yes. Nevada has no laws prohibiting the carrying of firearms in restaurants that serve alcohol. You can carry in a restaurant that serves alcohol. Places like Fridays or Chili’s unless they have a “No Gun Sign,” then it is suggested that You not carry into the establishment. This does not include a bar or the bar area of a restaurant – You are prohibited from carrying into these areas. You can carry Your firearm into a restaurant that serves alcohol, but You are prohibited from carrying while intoxicated (having a blood alcohol level of .10 or greater). [http://gunla.ws/t28z]

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K. Open Carry

Open carry is legal in Nevada. Places listed in the “Criminal Provisions” above may not be off limits to those who open carry. The state preempts all firearm laws in the state and local authorities cannot have laws/ordinances against open carry. Remember that if You enter any property and the owner/responsible person asks You to leave, You must leave. Failure to leave can result in trespass charges. The minimum age to open carry is 18.  [http://gunla.ws/1y2y]

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FIND GUN LAWS BY STATE

Table of Contents

About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More