By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 30, 2024
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Nevada, with its Old West history of gunslingers and mining towns, may not conjure up the image as a state focused on gun control. After a tragic incident, it became a focal point of the ongoing debate over gun laws and public safety.
In 2017, a lone gunman opened fire on the Route 91 Harvest Music Festival in Las Vegas from a 32nd-floor hotel suite, killing 58 persons and injuring hundreds more. Two of those injured died from injuries suffered during the massacre. It remains the deadliest mass shooting in American history.
As a result, many in Nevada and elsewhere chose to revisit their gun control laws.
The Las Vegas gunman had some 23 firearms at the time of the shooting. Most of the shots came from AR-15 assault-style rifles, many of which were equipped with bump stocks. Many claim that bump stocks, when attached to semi-automatic rifles, allow a weapon to fire as a fully automatic firearm, like a machine gun.
After the massacre, Congress considered legislation to ban bump stocks. When action in Congress stalled, the Trump Administration moved to make a rule change under administrative law to outlaw bump stocks. The Biden Administration continued that effort. Litigation on the legality of the rule change remains pending.
The State of Nevada banned bump stocks in 2019. It also enacted a red flag law that year so that family members or law enforcement could petition a court for an order for protection against high-risk behavior and confiscate firearms from a person found to be at risk of causing harm to self or others.
An understanding of federal firearms law begins with the Second Amendment of the U.S. Constitution, which speaks of the right to bear arms. In recent case law, the U.S. Supreme Court has interpreted the amendment as providing an individual right to bear arms in public for self-defense and other lawful purposes. The right is not absolute and remains subject to state and federal regulation.
In 2022, the Court stated the test of whether a regulation is reasonable and not overly burdensome to the right to bear arms is a historical one. This has led to several new challenges to state and federal laws related to the carrying of firearms in public and prohibitions against firearm possession.
Longstanding federal legislation sets a framework for the legal manufacture, sale, possession, and use of firearms. The federal government licenses gun dealers through its administrative agency, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The ATF oversees the registration and use of certain dangerous weapons such as machine guns. Federal law also provides certain categories of persons, like felons, who cannot possess firearms.
Nevada law defines a firearm as any device designed to be used as a weapon from which a projectile can be expelled through the barrel by the force of any explosion or other form of combustion. A handgun with a barrel less than 12 inches long is a firearm that can be concealed.
Nevada exercises limited authority in its regulation of firearms. It does not require permits to purchase guns, firearm registration, or licenses for gun owners. It does not impose a waiting period from the time of a firearm purchase to its delivery. The state has passed laws banning bump stocks and undetectable or "ghost" guns. However, it has not outlawed assault weapons.
Since 2020, Nevada state law has required criminal background checks in private sales and transfers of firearms. Private and unlicensed individuals must go through a licensed dealer for a background check. This helps prevent guns from falling into the wrong hands.
Firearms can be open-carried throughout Nevada, though carrying a loaded rifle or shotgun inside a motor vehicle on or along a public road is illegal.
Nevada requires citizens to obtain a concealed carry weapon or CCW permit to carry a concealed firearm. Nevada, like Texas, Florida, Colorado, and Oregon, is a "shall issue" state, which means concealed carry permits must be issued to all qualified applicants who meet the objective criteria outlined in the statute.
Applicants must be 21 years or older in most circumstances. Nevada residents apply through their local county sheriff (see NRS 202.3657). Non-residents can apply to any Nevada county sheriff. Applicants must provide their driver's license information and submit their fingerprints. The sheriff will run a criminal background check as part of the process.
The Nevada Department of Public Safety issues a reciprocity list on an annual basis. It provides what other state permits will be recognized by Nevada. Details on eligibility for a concealed firearm permit can be found in the table below. Carrying a concealed weapon in Nevada without a permit is a felony offense.
Like other states, Nevada state law sets forth certain locations where a person cannot carry a firearm, even when they have a CCW permit. Prohibited locations include:
Learn more about Nevada gun control laws in the table below. See Details on State Gun Control Laws for more general information.
Relevant Nevada Gun Control Statutes (Laws) |
Nevada Revised Statutes (NRS) Title 3, Chapter 33, Injunctions and Protection Orders, Sections 33.010 through 33.670
Title 15, Chapter 202, Weapons, Sections 202.253 through 202.369
|
|---|---|
Illegal Arms |
The following firearms are prohibited in Nevada without a valid state or federal license or registration:
|
Waiting Period |
Nevada does not have a waiting period to purchase a firearm. |
Who May Not Own |
A person shall not own or possess any firearm if the person:
|
License Required? |
No license is required to purchase or own firearms in Nevada. |
Concealed Carry License Required? |
Yes. In Nevada, a person must have a concealed carry permit and must carry the permit and identification to carry a concealed firearm legally. |
Open Carried Allowed? |
Nevada does not prohibit open carry. |
Eligibility for a Concealed Carry License |
A sheriff shall issue a concealed carry permit to an applicant who:
The sheriff shall deny an application or revoke a permit if the applicant or permittee
|
Machine Gun Laws |
Nevada prohibits owning or possessing a machine gun unless the machine gun is authorized by federal law. |
Penalties for Illegal Firearm Possession |
|
Penalties for Illegal Possession on or Near School Grounds |
Possessing a pistol, revolver, or another firearm on school property is a gross misdemeanor, punishable by up to 364 days in jail, a fine of up to $2,000, or both. |
Red Flag Law? |
Yes. Nevada law allows a court to issue a protection order against high-risk behavior. Police or family members can petition the court when they believe that a person presents a credible threat to harm self or others if they have access to firearms. |
Universal Background Checks? |
Yes. Nevada law requires both licensed dealers and private individuals to obtain a criminal background check when they sell or transfer a firearm, with very limited exceptions. |
Stand Your Ground Law? |
Yes. A person is not required to retreat before using deadly force to repel an attack in circumstances where such force is approved by law as long as the person was not the initial aggressor, is in a place they have a right to be, and is not engaged in criminal conduct. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that including federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
Keeping up with gun laws at the state and federal levels can be challenging. The laws related to carrying a firearm may differ between Nevada and neighboring states like Utah, Arizona, and California. If you face state or federal gun charges, you need legal advice to defend yourself. Consider talking with an experienced Nevada criminal defense attorney. Find a professional who can help through our lawyer directory.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Nevada attorneys offer free consultations.
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