Nevada Firearm Laws
last updated: April 15, 2020
Firearm laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://www.leg.state.nv.us/NRS/Index.cfm.
Nevada Constitution Article 1, Section 11, [1.]
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.
TITLE 15 - CRIMES AND PUNISHMENTS
CHAPTER 200 - Crimes Against The Person
Homicide
§200.120 - (2015) "Justifiable homicide" defined; no duty to retreat under certain circumstances.
- Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a crime of violence,, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.
- A person is not required to retreat before using deadly force as provided in subsection 1 if the person:
- Is not the original aggressor;
- Has a right to be present at the location where deadly force is used; and
- Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.
- As used in this section:
- "Crime of violence" means any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.
- "Motor vehicle" means every vehicle which is self-propelled.
[1911 C&P § 129; RL § 6394; NCL § 10076] - (NRS A 1983, 518; 2011, 265; 2015, 328)
§200.130 - (2015) Bare fear insufficient to justify killing; reasonable fear required.
- A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, is not sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge.
- There is a rebuttable presumption that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge if the person killing:
- Knew or reasonably believed that the person who was killed was entering unlawfully and with force, or attempting to enter unlawfully and with force, the occupied habitation or occupied motor vehicle, of another;
- Knew or reasonably believed that the person who was killed was committing or attempting to commit a crime of violence; and
- Did not provoke the person who was killed.
- As used in this section:
- "Crime of violence" means any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.
- "Motor vehicle" means every vehicle which is self-propelled.
[1911 C&P § 130; RL § 6395; NCL § 10077] - (NRS A 2015, 328)
§200.140 - Justifiable homicide by public officer.
Homicide is justifiable when committed by a public officer, or person acting under the command and in the aid of the public officer, in the following cases:
- In obedience to the judgment of a competent court.
- When necessary to overcome actual resistance to the execution of the legal process, mandate or order of a court or officer, or in the discharge of a legal duty.
- When necessary:
- In retaking an escaped or rescued prisoner who has been committed, arrested for, or convicted of a felony;
- In attempting, by lawful ways or means, to apprehend or arrest a person; or
- In lawfully suppressing a riot or preserving the peace.
[1911 C&P § 131; RL § 6396; NCL § 10078] - (NRS A 1975, 323; 1993, 931)
§200.150 - Justifiable or excusable homicide.
All other instances which stand upon the same footing of reason and justice as those enumerated shall be considered justifiable or excusable homicide.
[1911 C&P § 132; RL § 6397; NCL § 10079]
§200.160 - Additional cases of justifiable homicide.
Homicide is also justifiable when committed:
- In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
- In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is.
[1911 C&P § 133; A 1931, 160; 1931 NCL § 10080] - (NRS A 1993, 932)
§200.170 - Burden of proving circumstances of mitigation or justifiable or excusable homicide.
The killing of the deceased named in the indictment or information by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution sufficiently manifests that the crime committed only amounts to manslaughter, or that the accused was justified, or excused in committing the homicide.
[1911 C&P § 134; A 1951, 524]
§200.180 - Excusable homicide by misadventure.
- Excusable homicide by misadventure occurs when:
- A person is doing a lawful act, without any intention of killing, yet unfortunately kills another, as where a person is at work with an ax and the head flies off and kills a bystander; or
- An officer punishing a criminal happens to occasion death, which acts of correction are lawful.
- If the officer exceeds the sentence under which the officer acts, either in the manner, the instrument, or quantity of punishment, and death ensues, it is manslaughter or murder, according to the circumstances of the case.
[1911 C&P § 135; RL § 6400; NCL § 10082] - (NRS A 1985, 1399)
§200.190 - Justifiable or excusable homicide not punishable.
The homicide appearing to be justifiable or excusable, the person indicted shall, upon trial, be fully acquitted and discharged.
[1911 C&P § 136; RL § 6401; NCL § 10083]
§200.200 - Killing in self-defense.
If a person kills another in self-defense, it must appear that:
- The danger was so urgent and pressing that, in order to save the person's own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary; and
- The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.
[1911 C&P § 137; RL § 6402; NCL § 10084]
CHAPTER 202 - Crimes Against Public Health And SafetY
Weapons
Dangerous Weapons And Firearms
§202.253 - (2019) Definitions.
As used in NRS 202.253 to 202.369, inclusive and section 25 of this act:
- "Explosive or incendiary device" means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.
- "Firearm" means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.
- "Firearm capable of being concealed upon the person" applies to and includes all firearms having a barrel less than 12 inches in length.
- "Machine gun" means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
- "Motor vehicle" means every vehicle that is self-propelled.
- "Semiautomatic firearm" means any firearm that:
- Uses a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next shell or round;
- Requires a separate function of the trigger to fire each cartridge; and
- not a machine gun.
(Added to NRS by 1977, 879; A 1979, 157; 1989, 1239; 1995, 1151, 2533, 2726; 1997, 662, 826; 2001, 805; 2003, 1350; 2005, 594) Amended 2017 Chapter 490; Amended 2019 Chapter 176, 622
§202.2531 Short title. [This section was proposed by an initiative petition and approved by the voters at the 2016 General Election and therefore is not subject to legislative amendment or repeal until after November 22, 2019.]
NRS 202.2531 to 202.2543, inclusive, may be cited as The Background Check Act.
(Added to NRS by 2016 initiative petition, Ballot Question No. 1)
§202.2533 Findings and declarations. [This section was proposed by an initiative petition and approved by the voters at the 2016 General Election and therefore is not subject to legislative amendment or repeal until after November 22, 2019.]
- To promote public safety, federal law currently prohibits felons, domestic abusers, the severely mentally ill, and other dangerous people from buying or possessing firearms;
- Federally licensed firearms dealers are required to run background checks on their prospective buyers to ensure they are not prohibited from buying or possessing firearms;
- Criminals and other dangerous people can avoid background checks by buying guns from unlicensed firearms sellers, whom they can easily meet online or at gun shows and who are not legally required to run background checks before selling or transferring firearms;
- Due to this loophole, millions of guns exchange hands each year in the United States without a background check;
- The background check process is quick and convenient: Over 90% of federal background checks are completed instantaneously and over 97% of Nevadans live within 10 miles of a licensed gun dealer;
- We have the right to bear arms, but with rights come responsibilities, including the responsibility to keep guns out of the hands of convicted felons and domestic abusers;
- To promote public safety and protect our communities, and to create a fair, level playing field for all gun sellers, the people of Nevada find it necessary to more effectively enforce current law prohibiting dangerous persons from purchasing and possessing firearms by requiring background checks on all firearms sales and transfers, with reasonable exceptions, including for immediate family members, hunting, and self-defense.
(Added to NRS by 2016 initiative petition, Ballot Question No. 1)
§202.2535 Definitions. [This section was proposed by an initiative petition and approved by the voters at the 2016 General Election and therefore is not subject to legislative amendment or repeal until after November 22, 2019.]
As used in NRS 202.2531 to 202.2543, inclusive, unless the context otherwise requires:
- "Central Repository" has the meaning ascribed to it in NRS 179A.045.
- "Hunting" has the meaning ascribed to it in NRS 501.050.
- "Licensed dealer" means a person who holds a license as a dealer in firearms issued pursuant to 18 U.S.C. § 923(a).
- "National Instant Criminal Background Check System" has the meaning ascribed to it in NRS 179A.062.
- "Transferee" means an unlicensed person who wishes or intends to receive a firearm from another unlicensed person.
- "Transferor" means an unlicensed person who wishes or intends to transfer a firearm to another unlicensed person.
- "Trapping" has the meaning ascribed to it in NRS 501.090.
- "Unlicensed person" means a person who does not hold a license as a dealer, importer, or manufacturer in firearms issued pursuant to 18 U.S.C. § 923(a).
(Added to NRS by 2016 initiative petition, Ballot Question No. 1)
§202.254 - (2017) Background check required for certain sales or transfers of firearms between unlicensed persons; procedure. [The amendment to this section was proposed by an initiative petition and approved by the voters at the 2016 General Election and therefore is not subject to legislative amendment or repeal until after November 22, 2019.]
- Except as otherwise provided in NRS 202.2541, an unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section.
- The seller or transferor and buyer or transferee shall appear jointly with the firearm and request that a licensed dealer conduct a background check on the buyer or transferee.
- A licensed dealer who agrees to conduct a background check pursuant to this section shall take possession of the firearm and comply with all requirements of federal and state law as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee, including, but not limited to, all recordkeeping requirements, except that:
- The licensed dealer must contact the National Instant Criminal Background Check System, as described in 18 U.S.C. § 922(t), and not the Central Repository, to determine whether the buyer or transferee is eligible to purchase and possess firearms under state and federal law; and
- The seller or transferor may remove the firearm from the business premises while the background check is being conducted, provided that before the seller or transferor sells or transfers the firearm to the buyer or transferee, the seller or transferor and the buyer or transferee shall return to the licensed dealer who shall again take possession of the firearm prior to the completion of the sale or transfer.
- A licensed dealer who agrees to conduct a background check pursuant to this section shall inform the seller or transferor and the buyer or transferee of the response from the National Instant Criminal Background Check System. If the response indicates that the buyer or transferee is ineligible to purchase or possess the firearm, the licensed dealer shall return the firearm to the seller or transferor and the seller or transferor shall not sell or transfer the firearm to the buyer or transferee.
- A licensed dealer may charge a reasonable fee for conducting a background check and facilitating a firearm transfer between unlicensed persons pursuant to this section.
(Added to NRS by 1997, 825; A 2015, 1805; 2016 initiative petition, Ballot Question No. 1)
§202.2541 Exceptions to requirement of background check. [This section was proposed by an initiative petition and approved by the voters at the 2016 General Election and therefore is not subject to legislative amendment or repeal until after November 22, 2019.]
The provisions of NRS 202.254 do not apply to:
- The sale or transfer of a firearm by or to any law enforcement agency and, to the extent he or she is acting within the course and scope of his or her employment and official duties, any peace officer, security guard entitled to carry a firearm under NAC 648.345, member of the armed forces, or federal official.
- The sale or transfer of an antique firearm, as defined in 18 U.S.C. § 921(16).
- The sale or transfer of a firearm between immediate family members, which for the purposes of this chapter means spouses and domestic partners and any of the following relations, whether by whole or half blood, adoption, or step-relation: parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews.
- The transfer of a firearm to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of the former owner of the firearm.
- A temporary transfer of a firearm to a person who is not prohibited from buying or possessing firearms under state or federal law if such transfer:
- Is necessary to prevent imminent death or great bodily harm; and
- Lasts only as long as immediately necessary to prevent such imminent death or great bodily harm.
- A temporary transfer of a firearm if:
- The transferor has no reason to believe that the transferee is prohibited from buying or possessing firearms under state or federal law;
- The transferor has no reason to believe that the transferee will use or intends to use the firearm in the commission of a crime; and
- Such transfer occurs and the transferee’s possession of the firearm following the transfer is exclusively:
- At an established shooting range authorized by the governing body of the jurisdiction in which such range is located;
- At a lawful organized competition involving the use of a firearm;
- While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance;
- While hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting or trapping; or
- While in the presence of the transferor.
(Added to NRS by 2016 initiative petition, Ballot Question No. 1)
§202.2543 Penalties for violations. [This section was proposed by an initiative petition and approved by the voters at the 2016 General Election and therefore is not subject to legislative amendment or repeal until after November 22, 2019.]
An unlicensed person who sells or voluntarily transfers one or more firearms to another unlicensed person in violation of NRS 202.254:
- For a first conviction involving the sale or transfer of one or more firearms, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140; and
- For a second or subsequent conviction involving the sale or transfer of one or more firearms, is guilty of a category C felony and shall be punished as provided in NRS 193.130(2)(c).
(Added to NRS by 2016 initiative petition, Ballot Question No. 1)
§202.255 - Setting spring gun or other deadly weapon: Unlawful and permitted uses; penalties.
- A person who sets a so-called trap, spring pistol, rifle, or other deadly weapon shall be punished:
- If no injury results therefrom to any human being, for a gross misdemeanor.
- If injuries not fatal result therefrom to any human being, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
- If the death of a human being results therefrom:
- Under circumstances not rendering the act murder, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000; or
- Otherwise, for murder which is a category A felony as provided in NRS 200.030.
- Subsection 1 does not prevent the use of any loaded spring gun, set gun or other device for the destruction of gophers, moles, coyotes or other burrowing rodents or predatory animals by agents or employees of governmental agencies engaged in cooperative predatory animal and rodent control work, but:
- A loaded spring gun, set gun or other device must not be set within 15 miles of the boundaries of any incorporated city or unincorporated town; and
- Before setting any such loaded spring gun, set gun or other device on any real property permission must first be obtained from the owner, lessee or administrator thereof.
[1911 C&P § 302; RL § 6567; NCL § 10250] - (NRS A 1960, 336; 1967, 485; 1979, 1433; 1995, 1205)
§202.257 - (2019) Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.
- It is unlawful for a person who:
- Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or
- Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,
- to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person's personal residence and had the firearm in his or her possession solely for self-defense.
- Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is requested by a police officer to submit to the test. If a person to be tested fails to submit to a required test as requested by a police officer, the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.
- Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
- A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.
- As used in this section, the phrase "concentration of alcohol of 0.08 or more in his or her blood or breath" means 0.08 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.
(Added to NRS by 1995, 2533; A 1999, 2470; 2003, 2565; 2015. 441), Amended 2019 Chapter 622 effective June 17, 2019
§202.260 - Unlawful possession, manufacture or disposition of explosive or incendiary device: Penalty; exceptions.
- A person who unlawfully possesses, manufactures or disposes of any explosive or incendiary device with the intent to destroy life or property is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
- This section does not prohibit a person from possessing, manufacturing or using any material, component, substance or device as required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties.
- For the purposes of this section, "dispose of" means give, give away, loan, offer, offer for sale, sell or transfer.
[1911 C&P § 306; RL § 6571; NCL § 10254] - (NRS A 1973, 552; 1979, 1434; 1995, 1205; 2001, 805)
§202.261 - Possession of component of explosive or incendiary device with intent to manufacture explosive or incendiary device: Penalty; exceptions.
- A person shall not knowingly possess any component of an explosive or incendiary device with the intent to manufacture an explosive or incendiary device.
- A person who violates subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
- This section does not prohibit a person from possessing, manufacturing or using any material, component, substance or device as required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties.
(Added to NRS by 2001, 804)
§202.262 - Possession of explosive or incendiary device in or near certain public or private areas: Penalty; exceptions.
- Except as otherwise provided in subsection 3, a person shall not possess any explosive or incendiary device or any explosive or incendiary material, substance or component that may be readily converted to an explosive or incendiary device:
- In or upon any public street or highway in this state;
- In or near any private habitation, public place or any place open to the public; or
- In, on or near any public conveyance.
- A person who violates subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
- This section does not prohibit a person from possessing any material, component, substance or device:
- As required for the performance of his or her duties related to mining, agriculture, construction or any other valid occupational purpose, or if the person is authorized by a governmental entity which has lawful control over such matters to use those items in the performance of his or her duties;
- In an amount which, if detonated or otherwise exploded, would not ordinarily cause substantial bodily harm to another person or substantial harm to the property of another; or
- As part of a model rocket or engine for a model rocket that is designed, sold and used for the purpose of propelling a model rocket.
(Added to NRS by 2001, 804)
§202.263 - (2013) Unlawful manufacture, possession, sale, advertisement or transportation of hoax bomb: Penalty; exceptions.
- A person shall not knowingly manufacture, purchase, possess, sell, advertise for sale or transport a hoax bomb with the intent to:
- Make a reasonable person believe that the hoax bomb is an explosive or incendiary device.
- Cause alarm or reaction by an officer, an employee or a volunteer of a public safety agency; or
- Cause the evacuation of any private or public building, whether or not any threat has been conveyed.
- A person who violates subsection 1
- Is guilty of a gross misdemeanor, unless a greater penalty is provided pursuant to paragraph (b) or (c).
- In a manner that causes the evacuation of any private or public building, is guilty of a category E felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to paragraph (c).
- In the furtherance of any other crime punishable as a felony, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
- This section does not prohibit:
- The purchase, possession, sale, advertising for sale, transportation or use of a military artifact, if the military artifact is harmless or inert, unless the military artifact is used to make a reasonable person believe that the military artifact is an explosive or incendiary device.
- The authorized manufacture, purchase, possession, sale, transportation or use of any material, substance or device by a member of the Armed Forces of the United States, a fire department or a law enforcement agency if the person is acting lawfully while in the line of duty.
- The manufacture, purchase, possession, sale, transportation or use of any material, substance or device that is permitted by a specific statute.
- As used in this section:
- "Hoax bomb" means anything that by its design, construction, content, characteristics or representation appears to be or to contain:
- An inoperative facsimile or imitation of an explosive or incendiary device; or
- An explosive or incendiary device.
- "Public building" has the meaning ascribed to it in NRS 203.119.
- "Public safety agency" has the meaning ascribed to it in NRS 239B.020.
- "Hoax bomb" means anything that by its design, construction, content, characteristics or representation appears to be or to contain:
(Added to NRS by 1991, 816; A 2001, 805; 2013, 757)
§202.265 - (2015) Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.
- Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:
- An explosive or incendiary device;
- A dirk, dagger or switchblade knife;
- A nunchaku or trefoil;
- A blackjack or billy club or metal knuckles;
- A pneumatic gun;
- A pistol, revolver or other firearm; or
- Any device used to mark any part of a person with paint or any other substance.
- Any person who violates subsection 1 is guilty of a gross misdemeanor.
- This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:
- A private or public school or child care facility by a:
- Peace officer;
- School security guard; or
- Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.
- A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.
- A private or public school or child care facility by a:
- The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.
- For the purposes of this section:
- "Child care facility" means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.
- "Nunchaku" has the meaning ascribed to it in NRS 202.350.
- "Pneumatic gun" means any implement designed as a gun that may expel a ball bearing or a pellet by action of pneumatic pressure. The term includes, without limitation, a paintball gun that expels plastic balls filled with paint for the purpose of marking the point of impact.
- "Switchblade knife" means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release..
- "Trefoil" has the meaning ascribed to it in NRS 202.350.
- "Vehicle" has the meaning ascribed to "school bus" in NRS 484A.230.
(Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913; 2015, 314, eff. July 1, 2015)
§202.273 - Unlawful manufacture or sale of certain metal-penetrating bullets: Exceptions; penalty.
- Except as provided in subsection 2, it is unlawful to manufacture or sell any metal-penetrating bullet capable of being fired from a handgun.
- A person may manufacture and sell metal-penetrating bullets pursuant to an agreement with a law enforcement agency for the sale of such bullets to that agency.
- A person who violates the provisions of this section is guilty of a gross misdemeanor.
- As used in this section, "metal-penetrating bullet" means a bullet whose core:
- Reduces the normal expansion of the bullet upon impact; and
- Is at least as hard as the maximum hardness attainable using solid red metal alloys,
- and which can be used in a handgun. The term does not include any bullet with a copper or brass jacket and a core of lead or a lead alloy, or a bullet made of lead or lead alloys.
(Added to NRS by 1983, 800)
§202.275 - Possession, manufacture or disposition of short-barreled rifle or short-barreled shotgun: Penalty; exceptions.
- Except as otherwise provided in subsection 3, a person who knowingly or willfully possesses, manufactures or disposes of any short-barreled rifle or short-barreled shotgun is guilty of a category D felony and shall be punished as provided in NRS 193.130.
- For purposes of this section:
- "Short-barreled rifle" means:
- A rifle having one or more barrels less than 16 inches in length; or
- Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.
- "Short-barreled shotgun" means:
- A shotgun having one or more barrels less than 18 inches in length; or
- Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.
- "Short-barreled rifle" means:
- This section does not prohibit:
- The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties;
- The possession of any short-barreled rifle or short-barreled shotgun by a person who is licensed as a firearms importer, manufacturer, collector or dealer by the United States Department of the Treasury, or by a person to whom such a rifle or shotgun is registered with the United States Department of the Treasury; or
- The possession of any short-barreled rifle or short-barreled shotgun that has been determined to be a collector's item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44.
(Added to NRS by 1977, 879; A 1979, 1434; 1991, 1136; 1995, 1206; 2005, 64)
§202.277 - Changing, altering, removing or obliterating serial number of firearm prohibited; possession of firearm with serial number changed, altered, removed or obliterated prohibited; penalties.
- A person shall not intentionally change, alter, remove or obliterate the serial number upon any firearm. Any person who violates the provisions of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.
- A person shall not knowingly possess a firearm on which the serial number has been intentionally changed, altered, removed or obliterated. Any person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1977, 880; A 2003, 1350)
§202.280 - Discharging firearm in or upon public streets or in places of public resort; throwing deadly missiles; duties of civil, military and peace officers; penalties.
- Unless a greater penalty is provided in NRS 202.287, a person, whether under the influence of liquor, a controlled substance or otherwise, who maliciously, wantonly or negligently discharges or causes to be discharged any pistol, gun or any other kind of firearm, in or upon any public street or thoroughfare, or in any theater, hall, store, hotel, saloon or any other place of public resort, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although no injury results, is guilty of a misdemeanor.
- All civil, military and peace officers shall be vigilant in carrying the provisions of subsection 1 into full force and effect. Any peace officer who neglects his or her duty in the arrest of any such offender is guilty of a gross misdemeanor.
[1911 C&P § 304; RL § 6569; NCL § 10252] + [1911 C&P § 305; RL § 6570; NCL § 10253] - (NRS A 1967, 485; 1989, 1240)
§202.285 - (2019) Discharging firearm at or into structure, vehicle, aircraft or watercraft; penalties.
- A person who willfully and maliciously discharges a firearm at or into any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender:
- If it has been abandoned, is guilty of a misdemeanor unless a greater penalty is provided in NRS 202.287.
- If it is occupied, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
- Whenever a firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender, in motion or at rest, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, locomotive or railroad car may have run on the trip during which the firearm was discharged at or into it.
(Added to NRS by 1979, 157; A 1989, 1240; 1995, 1206) Amended 2019 Chapter 46 Sec. 1 effective July 1, 2019
§202.287 - (2019) Discharging firearm within or from structure or vehicle; penalties.
- A person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm within or from the structure or vehicle:
- If the structure or vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.
- If the structure or vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
- If a firearm is discharged within or out of any vehicle that is in motion or at rest and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vehicle may have run on the trip during which the firearm was discharged.
- The provisions of this section do not apply to:
- A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010.
- A peace officer while engaged in the performance of his or her official duties.
- A person who discharges a firearm in a lawful manner and in the course of a lawful business, event or activity.
- As used in this section:
- "Structure" means any temporary or permanent structure, including, but not limited to, any tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building.
- "Vehicle" means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires.
(Added to NRS by 1989, 1239; A 1993, 2774; 1995, 1152, 1207, 2403, 2409; 2003, 987) Amended 2019 Chapter 46 Sec. 1 effective July 1, 2019
§202.290 - Aiming firearm at human being; discharging weapon where person might be endangered; penalty.
Unless a greater penalty is provided in NRS 202.287, a person who willfully:
- Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or
- Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although an injury does not result,
- is guilty of a gross misdemeanor.
[1911 C&P § 344; RL § 6609; NCL § 10292] - (NRS A 1989, 820, 1240, 1243)
§202.300 - (2019) Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances.
- Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
- A person who aids or knowingly permits a child to violate subsection 1:
- Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.
- For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
- For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
- A person does not aid or knowingly permit a child to violate subsection 1 if:
- The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
- The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
- The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or
- The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.
- The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.
- Unless a greater penalty is provided by law, a person is guilty of a misdemeanor who:
- Negligently stores or leaves a firearm at a location under his or her control; and
- Knows or has reason to know that there is a substantial risk that a child prohibited from handling or having in his or her possession or under his or her control any firearm pursuant to this section may obtain such a firearm.
- Except as otherwise provided in subsection 9, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:
- A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or
- A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,
- and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.
- Except as otherwise provided in subsection 9, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:
- Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;
- Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;
- Participating in a lawfully organized competition or performance involving the use of a firearm;
- Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;
- Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;
- On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or
- At his or her residence.
- Except as otherwise provided in subsection 9, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 7, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:
- Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and
- Is not otherwise prohibited by law from possessing such a firearm.
- A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:
- An occupant of a motor vehicle;
- Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or
- Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.
- For the purposes of this section, a firearm is loaded if:
- There is a cartridge in the chamber of the firearm;
- There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or
- There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.
[1911 C&P § 345; RL § 6610; NCL § 10293] - (NRS A 1963, 3; 1991, 1154; 1995, 1152; 1997, 516, 1181), Amended 2019 Chapter 622 Sec. 28 effective June 17, 2019
§202.310 - Sale of firearms to minors; penalty.
Any person in this state who sells or barters to a child who is under the age of 18 years, with reckless disregard of whether the child is under the age of 18 years, or with knowledge or reason to know that the child is under the age of 18 years, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
[1:164:1955] - (NRS A 1995, 1154; 1997, 519, 1183)
§202.320 - Drawing deadly weapon in threatening manner.
- Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.
- A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his or her duties.
[1911 C&P § 174; RL § 6439; NCL § 10121] - (NRS A 1967, 486; 1989, 1240)
§202.340 - Confiscation and disposition of dangerous weapons by law enforcement agencies.
- Except as otherwise provided for firearms forfeitable pursuant to NRS 453.301, when any instrument or weapon described in NRS 202.350 is taken from the possession of any person charged with the commission of any public offense or crime or any child charged with committing a delinquent act, the instrument or weapon must be surrendered to:
- The head of the police force or department of an incorporated city if the possession thereof was detected by any member of the police force of the city; or
- The chief administrator of a state law enforcement agency, for disposal pursuant to NRS 333.220, if the possession thereof was detected by any member of the agency.
- In all other cases, the instrument or weapon must be surrendered to the sheriff of the county or the sheriff of the metropolitan police department for the county in which the instrument or weapon was taken.
- Except as otherwise provided in subsection 5, the governing body of the county or city or the metropolitan police committee on fiscal affairs shall at least once a year order the local law enforcement officer to whom any instrument or weapon is surrendered pursuant to subsection 1 to:
- Retain the confiscated instrument or weapon for use by the law enforcement agency headed by the officer;
- Sell the confiscated instrument or weapon to another law enforcement agency;
- Destroy or direct the destruction of the confiscated instrument or weapon if it is not otherwise required to be destroyed pursuant to subsection 5;
- Trade the confiscated instrument or weapon to a properly licensed retailer or wholesaler in exchange for equipment necessary for the performance of the agency's duties; or
- Donate the confiscated instrument or weapon to a museum, the Nevada National Guard or, if appropriate, to another person for use which furthers a charitable or public interest.
- All proceeds of a sale ordered pursuant to subsection 2 by:
- The governing body of a county or city must be deposited with the county treasurer or the city treasurer and the county treasurer or the city treasurer shall credit the proceeds to the general fund of the county or city.
- A metropolitan police committee on fiscal affairs must be deposited in a fund which was created pursuant to NRS 280.220.
- Any officer receiving an order pursuant to subsection 2 shall comply with the order as soon as practicable.
- Except as otherwise provided in subsection 6, the officer to whom a confiscated instrument or weapon is surrendered pursuant to subsection 1 shall:
- Except as otherwise provided in paragraph (c), destroy or direct to be destroyed any instrument or weapon which is determined to be dangerous to the safety of the public.
- Except as otherwise provided in paragraph (c), return any instrument or weapon, which has not been destroyed pursuant to paragraph (a):
- Upon demand, to the person from whom the instrument or weapon was confiscated if the person is acquitted of the public offense or crime of which the person was charged; or
- To the legal owner of the instrument or weapon if the Attorney General or the district attorney determines that the instrument or weapon was unlawfully acquired from the legal owner. If retention of the instrument or weapon is ordered or directed pursuant to paragraph (c), except as otherwise provided in paragraph (a), the instrument or weapon must be returned to the legal owner as soon as practicable after the order or direction is rescinded.
- Retain the confiscated instrument or weapon held by the officer pursuant to an order of a judge of a court of record or by direction of the Attorney General or district attorney that the retention is necessary for purposes of evidence, until the order or direction is rescinded.
- Return any instrument or weapon which was stolen to its rightful owner, unless the return is otherwise prohibited by law.
- Before any disposition pursuant to subsection 5, the officer who is in possession of the confiscated instrument or weapon shall submit a full description of the instrument or weapon to a laboratory which provides forensic services in this State. The director of the laboratory shall determine whether the instrument or weapon:
- Must be sent to the laboratory for examination as part of a criminal investigation; or
- Is a necessary addition to a referential collection maintained by the laboratory for purposes relating to law enforcement.
[1:93:1913; 1919 RL p. 2710; NCL § 2300] + [2:93:1913; A 1953, 546] - (NRS A 1959, 547; 1967, 1719; 1989, 12, 143, 144; 1995, 304, 1154, 1161)
§202.350 - (2019) Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.
- Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, a person within this State shall not:
- Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;
- Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;
- With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or
- Carry concealed upon his or her person any:
- Explosive substance, other than ammunition or any components thereof;
- Machete;
- Pneumatic gun; or
- Pistol, revolver or other firearm, or other dangerous or deadly weapon;
- Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:
- Paragraph (a) or (c) or subparagraph (2) of paragraph (d) of subsection 1 is guilty:
- For the first offense, of a gross misdemeanor.
- For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
- Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
- Paragraph (a) or (c) or subparagraph (2) of paragraph (d) of subsection 1 is guilty:
- Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.
- Except as otherwise provided in subsection 5, this section does not apply to:
- Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.
- Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
- Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
- Members of the Armed Forces of the United States when on duty.
- The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his or her former employer has approved his or her fitness to carry a concealed weapon.
- The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.
- This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he or she is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.
- As used in this section:
- "Concealed weapon" means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
- "Honorably retired" means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees' Retirement System. A former peace officer is not "honorably retired" if he or she was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
- "Nunchaku" means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
- "Pneumatic gun" has the meaning ascribed to it in NRS 202.265.
- "Qualified law enforcement officer" has the meaning ascribed to it in 18 U.S.C. § 926B(c).
- "Qualified retired law enforcement officer" has the meaning ascribed to it in 18 U.S.C. § 926C(c).
- "Silencer" means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
- "Trefoil" means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.
[1:47:1925; NCL § 2302] + [3:47:1925; NCL § 2304] - (NRS A 1959, 548; 1963, 90; 1967, 486; 1973, 190, 900; 1977, 269, 880; 1979, 1435; 1985, 452, 593, 792; 1989, 653; 1995, 1207, 2726; 1997, 826, 1601; 1999, 421, 1208; 2001, 575; 2003, 1351; 2005, 594; 2015, 314, eff. July 1, 2015) Amended 2019 Chapter 622 Sec. 29 effective June 17, 2019
§202.355 - Manufacture or sale of switchblade knives: Application for permit; eligibility; public hearing; restrictions.
- Upon written application, the sheriff of any county may issue a permit authorizing a person whose place of business is located in that county to manufacture or to keep, offer or expose for sale switchblade knives if the person demonstrates good cause for such authorization.
- Before issuing a permit, the sheriff shall request the board of county commissioners to hold a public hearing concerning the issuance of the permit.
- If the sheriff issues a permit which authorizes a person to sell switchblade knives, the permit must provide that switchblade knives may be sold only to:
- A person in another state, territory or country;
- A person who is authorized by law to possess a switchblade knife in this state, including, without limitation, any sheriff, constable, marshal, peace officer and member of the Armed Forces of the United States when on duty; and
- A distributor who has been issued a permit pursuant to this section.
(Added to NRS by 2003, 1350)
§202.357 - Electronic stun device: Use prohibited except for self-defense; possession by certain persons prohibited; sale, gift or other provision to certain persons prohibited; penalties.
- Except as otherwise provided in this section, a person shall not use an electronic stun device on another person for any purpose other than self-defense.
- Except as otherwise provided in this section, a person shall not have in his or her possession or under his or her custody or control any electronic stun device if the person:
- Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
- Is a fugitive from justice;
- Has been adjudicated as mentally ill or has been committed to any mental health facility; or
- Is illegally or unlawfully in the United States.
- A child under 18 years of age shall not have in his or her possession or under his or her custody or control any electronic stun device.
- Except as otherwise provided in this section, a person within this State shall not sell, give or otherwise provide an electronic stun device to another person if he or she has actual knowledge that the other person:
- Is a child under 18 years of age;
- Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;
- Is a fugitive from justice;
- Has been adjudicated as mentally ill or has been committed to any mental health facility; or
- Is illegally or unlawfully in the United States.
- A person who violates the provisions of:
- Subsection 1 or paragraph (a) or (b) of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
- Paragraph (c) or (d) of subsection 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
- A child who violates subsection 3 commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
- A person who violates the provisions of subsection 4 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
- The provisions of subsections 1, 2 and 4 do not apply to a peace officer who possesses or uses or sells, gives or otherwise provides to another person an electronic stun device within the scope of his or her duties.
- As used in this section, "electronic stun device" means a device that:
- Emits an electrical charge or current that is transmitted by projectile, physical contact or other means; and
- Is designed to disable a person or animal temporarily or permanently.
(Added to NRS by 2005, 266)
§202.360 - (2017) Ownership or possession of firearm by certain persons prohibited; penalties.
- A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
- Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33);
- Has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
- Has been convicted of a violation of NRS 200.575 or a law of any other state that prohibits the same or substantially similar conduct and the court entered a finding in the judgment of conviction or admonishment of rights pursuant to subsection 5 of NRS 200.575;
- Except as otherwise provided in NRS 33.031, is currently subject to:
- An extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, which includes a statement that the adverse party is prohibited from possessing or having under his or her custody or control any firearm while the order is in effect; or
- An equivalent order in any other state;
- Is a fugitive from justice;
- Is an unlawful user of, or addicted to, any controlled substance; or
- Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.
- A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
- Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;
- Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;
- Has been found guilty but mentally ill in a court of this State, any other state or the United States;
- Has been acquitted by reason of insanity in a court of this State, any other state or the United States; or
- Is illegally or unlawfully in the United States.
- As used in this section:
- "Controlled substance" has the meaning ascribed to it in 21 U.S.C. § 802(6).
- "Firearm" includes any firearm that is loaded or unloaded and operable or inoperable.
[2:47:1925; A 1955, 185] + [3:47:1925; NCL § 2304] - (NRS A 1959, 548; 1967, 487; 1979, 1435; 1983, 926; 1985, 453, 594; 1991, 72; 1995, 1208; 1997, 828; 2003, 1352; 2015, 329, eff. Oct. 1, 2015; 2015, 328) Amended 2017 Chapter 490
§202.361 - (2017) Surrender, sale or transfer of firearm by person prohibited from owning or possessing firearm; fee for collection of firearm by local law enforcement agency.
- If a person is prohibited from owning, possessing or having under his or her custody or control a firearm pursuant to NRS 202.360, the court in which the person is convicted shall order the person to surrender any firearm that the person owns or that is in his or her possession or under his or her custody or control to a designated law enforcement agency, a person designated by court order or a licensed firearm dealer, and the person shall, not later than 24 hours after service of the order:
- Surrender any firearm that the person owns or that is in his or her possession or under his or her custody or control to the appropriate local law enforcement agency designated by the court in the order;
- Surrender any firearm that the person owns or that is in his or her possession or under his or her custody or control to a person designated by the court in the order;
- Sell or transfer any firearm that the person owns or that is in his or her possession or under his or her custody or control to a licensed firearm dealer; or
- Submit an affidavit:
- Informing the court that he or she currently does not own or have any firearm in his or her possession or under his or her custody or control; and
- Acknowledging that failure to surrender, sell or transfer any firearm that he or she owns or has in his or her possession or under his or her custody or control is a violation of the order and state law.
- If the court orders a person to surrender any firearm to a local law enforcement agency pursuant to paragraph (a) of subsection 1, the law enforcement agency shall provide the person with a receipt which includes a description of each firearm surrendered and the serial number of each firearm surrendered. The person shall, not later than 72 hours or 1 business day, whichever is later, after surrendering any such firearm, provide the receipt to the court.
- If a person surrenders any firearm to a person designated by the court pursuant to paragraph (b) of subsection 1, the person who surrenders the firearm shall, not later than 72 hours or 1 business day, whichever is later, after the person surrenders any firearm to such person, provide to the court and the appropriate local law enforcement agency the name and address of the person designated in the order and a written description of each firearm surrendered and the serial number of each firearm surrendered to such person.
- If a person sells or transfers any firearm to a licensed firearm dealer pursuant to paragraph (c) of subsection 1:
- The licensed firearm dealer shall provide the person with a receipt which includes a description of each firearm sold or transferred and the serial number of each firearm sold or transferred; and
- The person shall, not later than 72 hours or 1 business day, whichever is later, after such sale or transfer, provide the receipt to the court and the appropriate local law enforcement agency.
- If there is probable cause to believe that the person has not surrendered, sold or transferred any firearm that the person owns or in the person’s possession or under the person’s custody or control within 24 hours after service of the order, the court may issue and deliver to any law enforcement officer a search warrant which authorizes the law enforcement officer to enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.
- A local law enforcement agency may charge and collect a fee from the person for the collection of a firearm pursuant to this section. The fee must not exceed the cost incurred by the local law enforcement agency to provide the service.
- As used in this section, "licensed firearm dealer" means a person licensed pursuant to 18 U.S.C. § 923(a).
(Added to NRS by 2017, 3125)
§202.362 - (2015) Sale or disposal of firearm or ammunition to certain persons prohibited; penalty; exceptions.
- Except as otherwise provided in subsection 3, a person within this State shall not sell, transfer or otherwise dispose of any firearm or ammunition to another person or purchase a firearm on behalf of or for another person with the intent to transfer the firearm to that person if he or she has reasonable cause to believe that the other person:
- Is under indictment for, or has been convicted of, a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;
- Is prohibited from possessing a firearm pursuant to NRS 202.360; or
- Is a known member of a criminal gang as defined in NRS 193.168.
- A person who violates the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
- This section does not apply to a person who sells or disposes of any firearm or ammunition to:
- A licensed importer, licensed manufacturer, licensed dealer or licensed collector who, pursuant to 18 U.S.C. § 925(b), is not precluded from dealing in firearms or ammunition; or
- A person who has been granted relief from the disabilities imposed by federal laws pursuant to 18 U.S.C. § 925(c) or NRS 179A.163.
- For purposes of this section, a person has "reasonable cause to believe" if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(Added to NRS by 2003, 1349; A 2009, 2490; 2015, 329, eff. Oct. 1, 2015)
Concealed Firearms
§202.3653 - (2013) Definitions.
As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:
- "Concealed firearm" means a loaded or unloaded handgun which is carried upon a person in such a manner as not to be discernible by ordinary observation.
- "Department" means the Department of Public Safety.
- "Handgun" has the meaning ascribed to it in 18 U.S.C. § 921(a)(29).
- "Permit" means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.
(Added to NRS by 1995, 2721; A 1997, 1175; 1999, 850; 2001, 2579; 2005, 596; 2007, 3151; 2013, 1138)
§202.3657 - (2019) Application for permit; eligibility; denial or revocation of permit. [effective Jan. 1 2020]
- Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
- A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.
- Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:
- Is
- Twenty-one years of age or older; or
- At least 18 years of age but less than 21 years of age if the person:
- Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or
- Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions;
- Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
- Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:
- Successfully completed a course in firearm safety approved by a sheriff in this State; 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 handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs' and Chiefs' Association or, if the Nevada Sheriffs' and Chiefs' Association ceases to exist, its legal successor.
- Is
- The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
- Has an outstanding warrant for his or her arrest.
- Has been judicially declared incompetent or insane.
- Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
- Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:
- Been convicted of violating the provisions of NRS 484C.110; or
- Participated in a program of treatment pursuant to sections 20 to 23, inclusive, of this act
- Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
- Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
- Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
- Is currently subject to an ex parte or extended order for protection against high-risk behavior issued pursuant to section 12 or 13 of this act.
- Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
- Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court's:
- Withholding of the entry of judgment for a conviction of a felony; or
- Suspension of sentence for the conviction of a felony.
- Has made a false statement on any application for a permit or for the renewal of a permit.
- Has been discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under conditions other than honorable conditions and is less than 21 years of age.
- The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
- If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that 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 conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person's permit or the processing of the person's application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
- An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant's 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 and any other names used by the applicant;
- A complete set of the applicant's fingerprints taken by the sheriff or his or her agent;
- A front-view colored photograph of the applicant taken by the sheriff or his or her agent;
- If the applicant is a resident of this State, the driver's license number or identification card number of the applicant issued by the Department of Motor Vehicles;
- If the applicant is not a resident of this State, the driver's license number or identification card number of the applicant issued by another state or jurisdiction;
- If the applicant is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:
- Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, as evidenced by his or her current military identification card; or
- Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions, as evidenced by his or her DD Form 214, "Certificate of Release or Discharge from Active Duty," or other document of honorable separation issued by the United States Department of Defense;
- A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
- A nonrefundable fee set by the sheriff not to exceed $60.
(Added to NRS by 1995, 2721; A 1997, 1175; 2001, 612, 618, 2579; 2003, 8, 11; 2007, 3151; 2011, 751, 1779, 3107; 2013, 1139) Amended 2017 Chapter 54; 2019 Chapter 633 Sec. 31 effective June 17, 2019
§202.366 - (2013) Investigation of applicant for permit; issuance or denial of permit; expiration of permit.
- Upon receipt by a sheriff of an application for a permit, including an application for the renewal of a permit pursuant to NRS 202.3677, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant's fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The investigation also must include a report from the National Instant Criminal Background Check System. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.
- To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.
- Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:
NEVADA CONCEALED FIREARM PERMIT
County............................................... Permit Number.....................................
Expires................................................ Date of Birth........................................
Height................................................ Weight..................................................
Name.................................................. Address................................................
City..................................................... Zip.........................................................
Photograph
Signature...........................................
Issued by...........................................
Date of Issue.....................................
- Unless suspended or revoked by the sheriff who issued the permit, a permit expires 5 years after the date on which it is issued.
- As used in this section, "National Instant Criminal Background Check System" means the national system created by the federal Brady Handgun Violence Prevention Act, Public Law 103-159.
(Added to NRS by 1995, 2723; A 1999, 2094; 2001, 614, 620; 2003, 13, 2846; 2007, 3153; 2011, 754, 1781, 3109; 2013, 1141)
§202.3662 - Confidentiality of information about applicant for permit and permittee.
- Except as otherwise provided in this section and NRS 202.3665 and 239.0115:
- An application for a permit, and all information contained within that application;
- All information provided to a sheriff or obtained by a sheriff in the course of the investigation of an applicant or permittee;
- The identity of the permittee; and
- Any records regarding the suspension, restoration or revocation of a permit,
- are confidential.
- Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.
- Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.
(Added to NRS by 1997, 1174; A 1999, 851; 2007, 2077; 2011, 754, 3110)
§202.3663 - Judicial review of denial of application for permit.
If an application for a permit is denied by a sheriff, the applicant who submitted the application may seek a judicial review of the denial by filing a petition in the district court for the county in which the applicant filed the application for a permit. A judicial review conducted pursuant to this section must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.
(Added to NRS by 1995, 2724; A 2001, 615)
§202.3665 - Duties of sheriff upon receiving notification that applicant or permittee has been charged with or convicted of crime involving use or threatened use of force or violence.
- If a sheriff who is processing an application for a permit receives notification pursuant to NRS 202.3657 that the applicant has been:
- Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
- Suspended the processing of the application until the final disposition of the charges against the applicant; or
- Resumed the processing of the application following the dropping of charges against the applicant or the acquittal of the applicant.
- Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, denied the application.
- Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
- If a sheriff who has issued a permit to a permittee receives notification pursuant to NRS 202.3657 that the permittee has been:
- Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
- Suspended the permit of the permittee until the final disposition of the charges against the permittee; or
- Restored the permit of the permittee following the dropping of charges against the permittee or the acquittal of the permittee.
- Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, revoked the permit of the permittee.
- Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
- The sheriff shall notify a victim pursuant to subsection 1 or 2 not later than 10 days after the date on which the sheriff performs one of the actions listed in subsection 1 or 2 concerning an application or a permit.
(Added to NRS by 1999, 850)
§202.3667 - Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.
- Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.
- A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.
(Added to NRS by 1995, 2724)
§202.367 - Duplicate permit; notification to sheriff of recovered permit; penalty.
- A permittee shall notify the sheriff who issued his or her permit in writing within 30 days if the permittee's:
- Permanent address changes; or
- Permit is lost, stolen or destroyed.
- The sheriff shall issue a duplicate permit to a permittee if the permittee:
- Submits a written statement to the sheriff, signed under oath, stating that his or her permit has been lost, stolen or destroyed; and
- Pays a nonrefundable fee of $15.
- If any permittee subsequently finds or recovers his or her permit after being issued a duplicate permit pursuant to this section, the permittee shall, within 10 days:
- Notify the sheriff in writing; and
- Return the duplicate permit to the sheriff.
- A permittee who fails to notify a sheriff pursuant to the provisions of this section is subject to a civil penalty of $25.
(Added to NRS by 1995, 2724)
§202.3673 - Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.
- Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while the permittee is on the premises of any public building.
- A permittee shall not carry a concealed firearm while the permittee is on the premises of a public building that is located on the property of a public airport.
- A permittee shall not carry a concealed firearm while the permittee is on the premises of:
- A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he or she is on the premises of the public building pursuant to subparagraph (3) of paragraph (a) of subsection 3 of NRS 202.265.
- A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he or she is on the premises of the public building pursuant to subsection 4.
- The provisions of paragraph (b) of subsection 3 do not prohibit:
- A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which the judge presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.
- A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he or she is on the premises of a public building.
- A permittee who is employed in the public building from carrying a concealed firearm while he or she is on the premises of the public building.
- A permittee from carrying a concealed firearm while he or she is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.
- A person who violates subsection 2 or 3 is guilty of a misdemeanor.
- As used in this section:
- "Child care facility" has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.
- "Public building" means any building or office space occupied by:
- Any component of the Nevada System of Higher Education and used for any purpose related to the System; or
- The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.
- If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.
(Added to NRS by 1995, 2725; A 1997, 63; 1999, 2767; 2007, 1914)
§202.3677 - (2013) Application for renewal of permit; fees; demonstrated continued competence required.
- If a permittee wishes to renew his or her permit, the permittee must:
- Complete and submit to the sheriff who issued the permit an application for renewal of the permit; and
- Undergo an investigation by the sheriff pursuant to NRS 202.366 to determine if the permittee is eligible for a permit.
- 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 a permit pursuant to NRS 202.3657;
- Be accompanied by a nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
- Be accompanied by a nonrefundable fee of $25.
- If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.
- No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with handguns by successfully completing a course prescribed by the sheriff renewing the permit.
(Added to NRS by 1995, 2725; A 2007, 3154; 2011, 755, 1782, 3110; 2013, 1142)
§202.3678 - Application for certification as qualified retired law enforcement officer; law enforcement agency required to offer certain officers opportunity to obtain qualifications necessary for certification; fees.
- A retired law enforcement officer who is a resident of this State may apply, on a form prescribed by regulation of the Department, to the sheriff of the county in which he or she resides for any certification required pursuant to 18 U.S.C. § 926C(d) to become a qualified retired law enforcement officer. Application forms for certification must be provided by the sheriff of each county upon request.
- A law enforcement agency in this State shall offer a retired law enforcement officer who retired from the law enforcement agency the opportunity to obtain the firearms qualification that is necessary to obtain the certification from the sheriff pursuant to subsection 1 at least twice per year at the same facility at which the law enforcement agency provides firearms training for its active law enforcement officers. The law enforcement agency may impose a nonrefundable fee in the amount necessary to pay the expenses for providing the firearms qualification.
- The sheriff shall provide the certification pursuant to subsection 1 to a retired law enforcement officer who submits a completed application and pays any fee required pursuant to this subsection if the sheriff determines that the officer meets the standards for training and qualifications. The sheriff may impose a nonrefundable fee in the amount necessary to pay the expenses in providing the certification.
- As used in this section:
- "Law enforcement agency" has the meaning ascribed to it in NRS 239C.065.
- "Qualified retired law enforcement officer" has the meaning ascribed to it in 18 U.S.C. § 926C.
(Added to NRS by 2005, 593; A 2009, 563)
§202.368 - Fees to be deposited with county treasurer.
All fees collected pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, must be deposited with the county treasurer of the county in which the fees are collected and:
- If the county has a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that metropolitan police department; or
- If the county does not have a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that county.
(Added to NRS by 1995, 2725; A 2005, 596)
§202.3683 - Immunity of state and local governments from civil liability.
The State or any political subdivision of the State, the Department, a sheriff, law enforcement agency, firearm safety or training instructor or any other person who, in good faith and without gross negligence, acts pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, is immune from civil liability for those acts. Such acts include, but are not limited to, the receipt, review or investigation of an application for a permit, the certification of a retired law enforcement officer, or the issuance, denial, suspension, revocation or renewal of a permit.
(Added to NRS by 1995, 2725; A 2005, 596)
§202.3687 - Temporary permits.
- The provisions of NRS 202.3653 to 202.369, inclusive, do not prohibit a sheriff from issuing a temporary permit. A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.
- Each sheriff who issues a permit pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, shall provide such information concerning the permit and the person to whom it is issued to the Central Repository for Nevada Records of Criminal History.
(Added to NRS by 1995, 2726; A 1999, 2095; 2007, 3154)
§202.3688 - (2015) Circumstances in which holder of permit issued by another state may carry concealed firearm in this State; holder of permit issued by another state subject to same restrictions and requirements as holder of permit issued in this State.
- Except as otherwise provided in subsection 2, 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.
- 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 not carry a concealed firearm in this State if the person:
- Becomes a resident of this State; and
- Has not been issued a permit from the sheriff of the county in which he or she resides within 60 days after becoming a resident of this State.
(Added to NRS by 2007, 3150; 2015, 328)
§202.3689 - (2015) Department to prepare list of states that meet certain requirements concerning permits; Department to provide copy of list to law enforcement agencies in this State; Department to make list available to public.
- On or before July 1 of each year, the Department shall:
- Determine whether each state requires a person to complete any training, class or program before the the issuance of a permit to carry a concealed firearm in that state.
- Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm issued by that state and which a law enforcement officer in this State may access at all times through a national law enforcement telecommunications system.
- Prepare a list of states that meet the requirements of paragraphs (a) and (b).
- Provide a copy of the list prepared pursuant to paragraph (c) to each law enforcement agency in this State.
- The Department shall, upon request, make the list prepared pursuant to subsection 1 available to the public.
(Added to NRS by 2007, 3150; 2015, 464)
§202.369 - Regulations.
The Department may adopt such regulations as are necessary to carry out the provisions of NRS 202.3653 to 202.369, inclusive.
(Added to NRS by 1995, 2726; A 2005, 596)
TITLE 20 - COUNTIES AND TOWNSHIPS: FORMATION, GOVERNMENT AND OFFICERS
CHAPTER 244 - Counties: Government
Health And Safety
§244.364 - (2015) Limited authority to regulate firearms; restrictions concerning registration of certain firearms in county whose population is 700,000 or more.
- The Legislature hereby declares that:
- The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms, which is recognized by the United States Constitution and the Nevada Constitution.
- The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.
- This section must be liberally construed to effectuate its purpose.
- 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, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in Nevada and to define such terms. No county may infringe upon those rights and powers.
- Any ordinance or regulation which is inconsistent with this section or which is designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State is null and void, and any official action taken by an employee or agent of a county in violation of this section is void.
- A board of county commissioners shall repeal any ordinance or regulation described in subsection 4, and any such ordinance or regulation that is posted within the county must be removed.
- A board of county commissioners shall cause to be destroyed any ownership records of firearms owned by private persons which are kept or maintained by the county or any county agency, board or commission, including, without limitation, any law enforcement agency, for the purposes of compliance with any ordinance or regulation that is inconsistent with this section. The provisions of this subsection do not apply to the ownership records of firearms purchased and owned by any political subdivision of this State.
- Any person who is adversely affected by the enforcement of an ordinance or regulation that violates this section on or after (October 1, 2015,) may file suit in the appropriate court for declarative and injunctive relief and damages attributable to the violation. Notwithstanding any other provision of law, such a person is entitled to:
- Reimbursement of actual damages, reasonable attorney's fees and costs which the person has incurred if, within 30 days after the person commenced the action but before a final determination has been issued by the court, the board of county commissioners repeals the ordinance or regulation that violates this section.
- Liquidated damages in an amount equal to two times the actual damages, reasonable attorney's fees and costs incurred by the person if, more than 30 days after the person commenced the action but before a final determination has been issued by the court, the board of county commissioners repeals the ordinance or regulation that violates this section.
- Liquidated damages in an amount equal to three times the actual damages, reasonable attorney's fees and costs incurred by the person if the court makes a final determination in favor of the person.
- This section must not be construed to prevent:
- A law enforcement agency or correctional institution from promulgating and enforcing its own rules pertaining to firearms, firearm accessories or ammunition that are issued to or used by peace officers in the course of their official duties.
- A court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within its jurisdiction.
- A public employer from regulating or prohibiting the carrying or possession of firearms, firearm accessories or ammunition during or in the course of an employee's official duties.
- The enactment or enforcement of a county zoning or business ordinance which is generally applicable to businesses within the county and thereby affects a firearms business within the county, including, without limitation, an indoor or outdoor shooting range.
- A county from enacting and enforcing rules for the operation and use of any firearm range owned and operated by the county.
- A political subdivision from sponsoring or conducting a firearm-related competition or educational or cultural program and enacting and enforcing rules for participation in or attendance at any such competition or program.
- A political subdivision or any official thereof with appropriate authority from enforcing any statute of this State.
- As used in this section:
- "Ammunition" includes, without limitation, fixed cartridge ammunition and the individual components thereof, shotgun shells and the individual components thereof, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.
- "Firearm" includes, without limitation, a pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, muzzle-loading firearm or any device which is designed to, able to or able to be readily converted to expe a projectile through the barrel by the action of an explosive, other form of combustion or expanding gases.
- "Firearm accessories" means:
- Devices specifically designed or adapted to enable the wearing or carrying of a firearm or the storing in or mounting on a conveyance of a firearm; or
- Attachments or devices specifically designed or adapted to be inserted into or affixed on a firearm to enable, alter or improve the functioning or capability of the firearm.
- "Person" includes, without limitation:
- Any person who has standing to bring or maintain an action concerning this section pursuant to the laws of this State.
- Any person who:
- Can legally possess a firearm under state and federal law;
- Owns, possesses, stores, transports, carries or transfers firearms, ammunition or ammunition components within a county; and
- Is subject to the county ordinance or regulation at issue.
- A membership organization whose members include a person described in subparagraphs (1) and (2) and which is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its members.
- "Political subdivision" includes, without limitation, a state agency, county, city, town or school district.
- "Public employer" has the meaning ascribed to it in NRS 286.070.
- "Pistol" means a firearm capable of being concealed that is intended to be aimed and fired with one hand.
(Added to NRS by 1989, 652; A 2007, 1289; 2011, 1109; 2015, 329, 328)
§244.365 - Prevention of pollution of streams by sawdust; tax levy.
- The board of county commissioners of any county is authorized and empowered to institute and maintain suits in any court of competent jurisdiction against any persons, firms, associations or corporations depositing sawdust in any river or stream the waters of which run partly or wholly in this state.
- The boards of county commissioners of any and all counties are authorized and empowered to levy annually such tax as in their discretion may be necessary to carry out the provisions of this section.
[1:135:1887; C § 2145; RL § 4716; NCL § 8246] + [2:135:1887; C § 2146; RL § 4717; NCL § 8247]
TITLE 21 - CITIES AND TOWNS PUBLIC HEALTH, SAFETY AND MORALS
CHAPTER 268 - Powers And Duties Common To Cities And Towns Incorporated Under General Or Special Laws
§268.418 - (2015) Limited authority to regulate firearms; restrictions concerning registration of firearms in city in county whose population is 700,000 or more.
- The Legislature hereby declares that:
- The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to bear arms, which is recognized by the United States Constitution and the Nevada Constitution.
- The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.
- This section must be liberally construed to effectuate its purpose.
- >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, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessorie and ammunition in Nevada and to define such terms. No city may infringe upon those rights and powers.
- The governing body of a city may proscribe by ordinance or regulation the unsafe discharge of firearms.
- Any ordinance or regulation which is inconsistent with this section or which is designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State is null and void, and any official action taken by an employee or agent of a city in violation of this section is void.
- The governing body of a city shall repeal any ordinance or regulation described in subsection 4, and any such ordinance or regulation that is posted within the city must be removed.
- The governing body of a city shall cause to be destroyed any ownership records of firearms owned by private persons which are kept or maintained by the city or any city agency, board or commission, including, without limitation, any law enforcement agency, for the purposes of compliance with any ordinance or regulation that is inconsistent with this section. The provisions of this subsection do not apply to the ownership records of firearms purchased and owned by any political subdivision of this State.
- Any person who is adversely affected by the enforcement of an ordinance or regulation that violates this section on or after (October 1, 2015,) may file suit in the appropriate court for declarative and injunctive relief and damages attributable to the violation. Notwithstanding any other provision of law, such a person is entitled to:
- Reimbursement of actual damages, reasonable attorney's fees and costs which the person has incurred if, within 30 days after the person commenced the action but before a final determination has been issued by the court, the governing body of the city repeals the ordinance or regulation that violates this section.
- Liquidated damages in an amount equal to two times the actual damages, reasonable attorney's fees and costs incurred by the person if, more than 30 days after the person commenced the action but before a final determination has been issued by the court, the governing body of the city repeals the ordinance or regulation that violates this section.
- Liquidated damages in an amount equal to three times the actual damages, reasonable attorney's fees and costs incurred by the person if the court makes a final determination in favor of the person.
- This section must not be construed to prevent:
- A law enforcement agency or correctional institution from promulgating and enforcing its own rules pertaining to firearms, firearm accessories or ammunition that are issued to or used by peace officers in the course of their official duties.
- A court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within its jurisdiction.
- A public employer from regulating or prohibiting the carrying or possession of firearms, firearm accessories or ammunition during or in the course of an employee's official duties.
- The enactment or enforcement of a city zoning or business ordinance which is generally applicable to businesses within the city and thereby affects a firearms business within the city, including, without limitation, an indoor or outdoor shooting range.
- A city from enacting and enforcing rules for the operation and use of any firearm range owned and operated by the city.
- A political subdivision from sponsoring or conducting a firearm-related competition or educational or cultural program and enacting and enforcing rules for participation in or attendance at any such competition or program.>
- A political subdivision or any official thereof with appropriate authority from enforcing any statute of this State.
- As used in this section:
- "Ammunition" includes, without limitation, fixed cartridge ammunition and the individual components thereof, shotgun shells and the individual components thereof, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.
- "Firearm" includes, without limitation, a pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, muzzle-loading firearm or any device which is designed to, able to or able to be readily converted to expel a projectile through the barrel by the force of any explosion or other form of combustion or expanding gases.
- "Firearm accessories" means:
- Devices specifically designed or adapted to enable the wearing or carrying of a firearm or the storing in or mounting on a conveyance of a firearm; or
- Attachments or devices specifically designed or adapted to be inserted into or affixed on a firearm to enable, alter or improve the functioning or capability of the firearm.
- "Person" includes, without limitation:
- Any person who has standing to bring or maintain an action concerning this section pursuant to the laws of this State.
- Any person who:
- Can legally possess a firearm under state and federal law;
- Owns, possesses, stores, transports, carries or transfers firearms, ammunition or ammunition components within a city; and
- Is subject to the city ordinance or regulation at issue.
- A membership organization whose members include a person described in subparagraphs (1) and (2) and which is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its members.
- "Political subdivision" includes, without limitation, a state agency, county, city, town or school district.
- "Public employer" has the meaning ascribed to it in NRS 286.070.
(Added to NRS by 1989, 652; A 2007, 1289; 2011, 1159; 2015, 328, 329, 464)
CHAPTER 269 - Unincorporated Towns
§269.222 - (2015) Limited authority to regulate firearms; restrictions concerning registration of firearms in town in county whose population is 700,000 or more.
- The Legislature hereby declares that:
- The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms, which is recognized by the United States Constitution and the Nevada Constitution.
- The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.
- This section must be liberally construed to effectuate its purpose.
- 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, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in Nevada and to define such terms. No town may infringe upon those rights and powers.
- Any ordinance or regulation which is inconsistent with this section or which is designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State is null and void, and any official action taken by an employee or agent of a town in violation of this section is void.
- A town board shall repeal any ordinance or regulation described in subsection 4, and any such ordinance or regulation that is posted within the town must be removed.
- A town board shall cause to be destroyed any ownership records of firearms owned by private persons which are kept or maintained by the town or any town agency, board or commission, including, without limitation, any law enforcement agency, for the purposes of compliance with any ordinance or regulation that is inconsistent with this section. The provisions of this subsection do not apply to the ownership records of firearms purchased and owned by any political subdivision of this State.
- Any person who is adversely affected by the enforcement of an ordinance or regulation that violates this section on or after (October 1, 2015) may file suit in the appropriate court for declarative and injunctive relief and damages attributable to the violation. Notwithstanding any other provision of law, such a person is entitled to:
- Reimbursement of actual damages, reasonable attorney's fees and costs which the person has incurred if, within 30 days after the person commenced the action but before a final determination has been issued by the court, the town board repeals the ordinance or regulation that violates this section.
- Liquidated damages in an amount equal to two times the actual damages, reasonable attorney's fees and costs incurred by the person if, more than 30 days after the person commenced the action but before a final determination has been issued by the court, the town board repeals the ordinance or regulation that violates this section.
- Liquidated damages in an amount equal to three times the actual damages, reasonable attorney's fees and costs incurred by the person if the court makes a final determination in favor of the person.
- This section must not be construed to prevent:
- A law enforcement agency or correctional institution from promulgating and enforcing its own rules pertaining to firearms, firearm accessories or ammunition that are issued to or used by peace officers in the course of their official duties.
- A court or administrative law judge from hearing and resolving a case or controversy or issuing an opinion or order on a matter within its jurisdiction.
- A public employer from regulating or prohibiting the carrying or possession of firearms, firearm accessories or ammunition during or in the course of an employee's official duties.
- The enactment of enforcement of a town zoning or business ordinance which is generally applicable to businesses within the town and thereby affects a firearms business within the town, including, without limitation, an indoor or outdoor shooting range.
- A town from enacting and enforcing rules for the operation and use of any firearm range owned and operated by the town.
- A political subdivision from sponsoring or conducting a firearm-related competition or educational or cultural program and enacting and enforcing rules for participation in or attendance at any such competition or program.
- A political subdivision or any official thereof with appropriate authority from enforcing any statute of this State.
- As used in this section:
- "Ammunition" includes, without limitation, fixed cartridge ammunition and the individual components thereof, shotgun shells and the individual components thereof, projectiles for muzzle-loading firearms and any propellant used in firearms or ammunition.
- "Firearm" includes, without limitation, a pistol, revolver, rifle, shotgun, machine gun, submachine gun, black powder weapon, muzzle-loading firearm or any device which is designed to, able to or able to be readily converted to expe a projectile through the barrel by the action of an explosive, other form of combustion or expanding gases.
- "Firearm accessories" means:
- Devices specifically designed or adapted to enable the wearing or carrying of a firearm or the storing in or mounting on a conveyance of a firearm; or
- Attachments or devices specifically designed or adapted to be inserted into or affixed on a firearm to enable, alter or improve the functioning or capability of the firearm.
- "Person" includes, without limitation:
- Any person who has standing to bring or maintain an action concerning this section pursuant to the laws of this State.
- Any person who:
- Can legally possess a firearm under state and federal law;
- Owns, possesses, stores, transports, carries or transfers firearms, ammunition or ammunition components within a town; and
- Is subject to the town ordinance or regulation at issue.
- A membership organization whose members include a person described in subparagraphs (1) and (2) and which is dedicated in whole or in part to protecting the legal, civil or constitutional rights of its members.
- "Political subdivision" includes, without limitation, a state agency, county, city, town or school district.
- "Public employer" has the meaning ascribed to it in NRS 286.070.
(Added to NRS by 1989, 652; A 2007, 1290; 2011, 1165; 2015, 328, 329, 464)
TITLE 34 - EDUCATION
CHAPTER 392 - Pupils
392.4634 - (2015) Prohibition against disciplining certain pupils for simulating firearm or dangerous weapon or wearing clothing or accessories that depict firearm or dangerous weapon; exceptions; prohibition against adoption of conflicting policy, ordinance or regulation
- Except as otherwise provided in subsection 3, a pupil enrolled in kindergarten or grades 1 to 8, inclusive, may not be disciplined, including, without limitation, pursuant to NRS 392.466, for:
- Simulating a firearm or dangerous weapon while playing; or
- Wearing clothing or accessories that depict a firearm or dangerous weapon or express an opinion regarding a constitutional right to keep and bear arms, unless it substantially disrupts the educational environment.
- Simulating a firearm or dangerous weapon includes, without limitation:
- Brandishing a partially consumed pastry or other food item to simulate a firearm or dangerous weapon;
- Possessing a toy firearm or toy dangerous weapon that is 2 inches or less in length;
- Possessing a toy firearm or toy dangerous weapon made of plastic building blocks which snap together;
- Using a finger or hand to simulate a firearm or dangerous weapon;
- Drawing a picture or possessing an image of a firearm or dangerous weapon; and
- Using a pencil, pen or other writing or drawing implement to simulate a firearm or dangerous weapon.
- A pupil who simulates a firearm or dangerous weapon may be disciplined when disciplinary action is consistent with a policy adopted by the board of trustees of the school district and such simulation:
- Substantially disrupts learning by pupils or substantially disrupts the educational environment at the school;
- Causes bodily harm to another person; or
- Places another person in reasonable fear of bodily harm.
- Except as otherwise provided in subsection 5, a school, school district, board of trustees of a school district or other entity shall not adopt any policy, ordinance or regulation which conflicts with this section.
- The provisions of this section shall not be construed to prohibit a school from establishing and enforcing a policy requiring pupils to wear a school uniform as authorized pursuant to NRS 392.415.
- As used in this section:
- "Dangerous weapon" has the meaning ascribed to it in paragraph (b) of subsection 7 of NRS 392.466.
- "Firearm" has the meaning ascribed to it in paragraph (c) of subsection 7 of NRS 392.466.
(Added to NRS by 2015, 2026)
TITLE 36 - MILITARY AFFAIRS AND CIVIL EMERGENCIES
CHAPTER 414 - Emergency Management
General Provisions
§414.155 - Limitations on emergency powers relating to firearms.
Pursuant to Amendment II of the Constitution of the United States and Section 11 of Article 1 of the Constitution of the State of Nevada, and notwithstanding any other provision of law, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow:
- The confiscation of a firearm from a person unless the person is:
- In unlawful possession of the firearm; or
- Unlawfully carrying the firearm; or
- The imposition of additional restrictions as to the lawful possession, transfer, sale, carrying, storage, display or use of:
- Firearms;
- Ammunition; or
- Components of firearms or ammunition.
(Added to NRS by 2007, 358)
TITLE 38 - PUBLIC WELFARE
Chapter 424 - Foster Homes for Children
424.044 - (2015) Concealed firearm and ammunition authorized on premises of family foster home in certain circumstances; storage of firearms and ammunition on such premises; agency which provides child welfare services immune from liability
- A person who is listed in paragraph (a) of subsection 4 of NRS 202.350 or holds a permit to carry a concealed firearm pursuant to NRS 202.3653 to 202.369, inclusive, may possess the firearm, whether loaded or unloaded, or ammunition while on the premises of a family foster home in accordance with the provisions of this section.
- Except as otherwise provided in subsection 4, a person described in subsection 1 who possesses a firearm or ammunition while on the premises of a family foster home must store the firearm or ammunition in a locked secure storage container except:
- When used for a lawful purpose, which may include, without limitation, for an educational or recreational purpose, for hunting, for the defense of a person or property, or to clean or service the firearm; or
- If the firearm or ammunition is inoperable and solely ornamental.
- A person who stores a firearm or ammunition on the premises of a family foster home in a locked secure storage container as required pursuant to subsection 2 shall ensure that any key, combination or access code to the locked secure storage container is kept in the reasonably secure possession of an adult or a locked combination or biometric safe.
- A person who is authorized to possess a firearm on the premises of a family foster home pursuant to subsection 1 may carry a firearm on his or her person while in the presence of a foster child, including, without limitation, while operating or riding in a motor vehicle, if the person:
- Keeps the firearm in a holster or similarly secure case; and
- Carries the firearm in a manner which ensures that the firearm is inaccessible to any foster child and is in the possession and control of the provider or other person; and
- Returns the firearm to a locked storage container when the firearm is on the premises of a foster home or in the presence of a foster child and is not being carried on his or her person in accordance with this subsection or used for a lawful purpose.
- An agency which provides child welfare services is immune from civil and criminal liability for any injury resulting from the use of a firearm or ammunition that is stored on the premises of a family foster home or is carried by a provider of family foster care or any other person who resides in a family foster home.
- As used in this section:
- "Firearm" has the meaning ascribed to it in NRS 202.253.
- "Secure storage container" means any device, including, without limitation, a safe, gun safe, secure gun case or lock box, that is marketed commercially for storing a firearm or ammunition and is designed to be unlocked only by means of a key, a combination, a biometric lock or other similar means.
(Added to NRS by 2015, 3644)
TITLE 45 - WILDLIFE
CHAPTER 503 - Hunting, Fishing And Trapping; Miscellaneous Protective Measures
Hunting
§503.165 - (2019) Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions.
- It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.
- For the purposes of this section:
- A rifle or shotgun is loaded when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.
- A muzzle-loading rifle or muzzle-loading musket is not loaded if the priming compound or element, including, without limitation, the priming powder or the unfired primer or percussion cap, is removed from the muzzle-loading rifle or muzzle-loading musket.
- The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.
(Added to NRS by 1969, 1367; A 1971, 1542; 1981, 321; 1987, 596) Amended 2019 Chapter 73 Sec. 1 effective May 16, 2019
North Las Vegas, Nevada, Code Of Ordinances
TITLE 2 - ADMINISTRATION AND PERSONNEL
CHAPTER 2.32 - Emergency Management
§2.32.080 - State of emergency - Measures.
- If a declared state of emergency exists within the city, the city council may, if it deems it necessary to maintain peace and protect the public, order and enforce the measures listed in this section. If circumstances prohibit the timely action of the city council, the city manager may, under the same circumstances, order the emergency measures listed below and shall report his/her actions to the city council at its next regularly scheduled meeting.
- Subject to the limitations imposed by subsection B of Section 2.32.070, the city council or city manager may:
- Establish a curfew for the area designated as an emergency area which fixes the hours during which persons other than officially authorized personnel may be upon the public streets or other public places;
- Prohibit or limit the number of persons who may gather or congregate upon any public street, public place or any outdoor place within the area designated as an emergency area;
- Barricade streets and roads, as well as access points onto streets and roads, and prohibit or restrict vehicular or pedestrian traffic in the area;
- Prohibit the sale, distribution or giving away of gasoline or any other flammable or combustible product in any container except a gasoline tank properly affixed to a motor vehicle, or a type of container generally used in connection with normal home use or legitimate commercial use;
- Order the closing of all or portions of gasoline stations and other establishments which sell, distribute or dispose of liquid flammables or combustible products;
- Order the closing of retail intoxicating liquor stores;
- Prohibit the sale of intoxicating liquor;
- Prohibit the sale, distribution or giving away of firearms or ammunition;
- Order the closing of any or all establishments or portions thereof which sell, distribute, dispense or give away firearms, ammunition or explosives;
- Enter into contracts and incur obligations necessary to mitigate, prepare for, respond to or recover from emergencies or disasters;
- Redirect funds for emergency use;
- Suspend standard procurement procedures to obtain necessary services or equipment;
- Commit to mutual aid agreements;
- Perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.
(Ord. 1147 § 9, 1995)
TITLE 9 - PUBLIC PEACE, MORALS AND WELFARE
CHAPTER 9.32 - Weapons Generally
§9.32.010 - Concealed weapon prohibited - Allowed with permit.
No person, except a peace officer, shall wear or in any manner carry concealed upon his person any loaded or unloaded gun, pistol or revolver, or any other dangerous or deadly weapon permitted to be carried by law without having, at the same time, actually in his possession, and upon his person, an unexpired permit to do so issued by the chief of police.
(Prior code § 7.22.010)
§9.32.020 - Permit - Issuance.
The chief of police shall have the power to issue to any person who, in the judgment of the chief of police, shall have such privilege, a written permit to carry concealed any of the weapons specified hereunder. Such permits shall be numbered consecutively in the order in which they are used. No permit shall be granted for a longer period than twelve (12) months. Each such permit shall state the name, address, and occupation of the person to whom the same is issued, and the date of its expiration and shall specify the kind and description of weapon authorized to be carried or concealed by such person.
(Prior code § 7.22.020)
§9.32.030 - Permit - Record - Fee.
The chief of police shall have a record of all persons to whom a permit has been authorized by him hereunder. No permit required hereunder shall be issued to any person until such person shall have paid to the chief of police a registration fee of twenty-five dollars ($25.00).
(Ord. 867 § 1, 1987: prior code § 7.22.030)
§9.32.040 - Dangerous or deadly weapon defined.
The term "dangerous or deadly weapons" includes, but is not limited to, any dirk or dagger; any knife with a blade three inches or more in length, and any snap-blade or spring-blade knife, regardless of the length of the blade; any ice pick or similar sharp stabbing tool; any straight edge razor or any razor blade fitted to a handle; any dangerous or deadly weapon within the meaning of any law of this state restricting the use thereof; and any cutting, stabbing, or bludgeoning weapon or device capable of inflicting grievous bodily harm; and any firearm other than (a) one carried pursuant to a valid permit, issued by a duly authorized government authority, or (b) an ordinary rifle or shotgun lawfully carried for purposes of hunting or other lawful sport.
(Prior code § 7.22.040)
§9.32.050 - Person with concealed weapon not to loiter.
It is unlawful for any person, while carrying concealed upon his person any dangerous or deadly weapon, to loaf or loiter upon any public street, sidewalk or alley, or to wander about from place to place with no lawful business thereby to perform, or to hide, lurk, or loiter upon or about the premises of another. It is unlawful for any person who has concealed upon his person any dangerous or deadly weapon to loiter about any place where intoxicating liquors are sold or any other place of public resort.
(Prior code § 7.22.050)
§9.32.060 - Person with concealed weapon not to be disorderly.
It is unlawful for any person who has concealed upon his person or who has in his immediate physical possession any dangerous or deadly weapon to engage in any fight or to participate in any rough or disorderly conduct or to participate in any other rough or disorderly conduct upon any public place or way or upon the premises of another.
(Prior code § 7.22.060)
§9.32.070 - Unlawful use of electronic stun device.
- It is unlawful, within the city of North Las Vegas, for any person, other than a law enforcement officer, to use an electronic stun device (device which is designed to deliver an electric shock to the body or person of another) for any purpose other than self defense.
- It is further unlawful for any person, to possess such electronic stun device, who:
- Has been convicted of a felony in the United States or the state of Nevada, or in any state or territory of the United States or any public subdivision thereof; or
- Is a fugitive from justice; or
- Is an unlawful user or seller of narcotics; or
- Any minors under the age of eighteen (18) years.
(Ord. 842 § 2, 1986)
§9.32.080 - Deadly weapon prohibited in vehicle - Exceptions.
It is unlawful for any person to have in his possession in any automobile, truck, motorcycle, or any other type of vehicle any dangerous or deadly weapon, but this restriction shall not be deemed to prohibit the carrying of ordinary tools or equipment carried in good faith for uses of honest work, trade or business, or for the purpose of legitimate sport or recreation.
(Ord. 596 § 1, 1978: prior code § 7.22.070)
§9.32.100 - Furnishing minor with ammunition.
It is unlawful for any person to sell, offer to sell or to give or lend any minor under the age of eighteen (18) years any ammunition for any firearms.
(Prior code § 7.22.100)
§9.32.110 - Firing of weapon.
It is unlawful for any person to explode or fire any pistol, revolver, rifle, shotgun, or any other firearm within the limits of the city of North Las Vegas.
(Prior code § 7.22.110)
§9.32.120 - Air rifle or pellet gun restricted.
It is unlawful for any person to use an air rifle or pellet gun within five hundred (500) feet of any inhabited dwelling in the city of North Las Vegas.
(Prior code § 7.22.120)
CHAPTER 9.36 - Pistols
§9.36.010 - Definitions.
Unless the context clearly requires otherwise, the following definitions shall apply and be effective in this chapter:
"Dealer" means any person engaged in the business of buying or selling pistols at wholesale or retail, or of accepting pledges of pistols as security for loans as set forth herein.
"Pistol" means any small firearm fired by hand, loaded or unloaded, capable of being concealed upon the person. The term shall include all small firearms with a barrel or barrels not exceeding twelve (12) inches in length including revolvers, automatics and derringers from which a dangerous projectile may be propelled by explosives.
(Prior code § 7.23.010)
§9.36.020 - Dealer's license.
It is unlawful for any person, except a dealer having a pistol permit issued under the provisions of this chapter, to engage in the business of buying or selling pistols at retail or wholesale or to lease or to pledge or accept any pistol as security for a loan.
(Prior code § 7.23.020)
§9.36.030 - Sales business restricted.
Application for a pistol permit shall be accepted only from the owners of licensed antique gun dealers, gunsmith shops, hardware stores, pawnshops, secondhand stores and sporting goods stores where pistols may be sold or purchased in compliance with this chapter.
(Prior code § 7.23.030)
§9.36.040 - Permit required - Fee.
The owner of a business desiring a pistol permit to deal in the business of buying or selling or accepting pistols as security for a loan under the provisions of this chapter shall file an application in writing. Each application must be accompanied by a permit fee to cover the cost of police investigation as follows:
Individual.........................................................$25.00
Organization, group or partnership..........$25.00 each person
Corporation......................................................$25.00 each officer
(Prior code § 7.23.040)
§9.36.050 - Form of application.
The application shall be upon a form furnished by the city and shall set forth such information concerning the applicant as may be required by the application.
(Prior code § 7.23.050)
§9.36.060 - Employee regulations.
No dealer holding a pistol permit shall employ, and no person shall accept employment as an employee of a dealer in pistols, to sell or transfer pistols until such employee shall have paid a police investigation fee of twenty-five dollars ($25.00) and shall have registered and obtained a police card from the chief of police. No person shall receive a police card to sell or transfer pistols for a dealer in pistols who cannot, in accordance with this chapter, purchase a firearm and the holding of a valid police card by an employee of a dealer in pistols shall not exempt a dealer in pistols from being responsible for the conduct of the business as set forth in this chapter.
(Prior code § 7.23.060)
§9.36.070 - Investigation - Granting of permit.
If the council, after investigation, shall find that the applicant for a pistol license is of good moral character and reputation and that he is the owner of a business as set forth herein and he is a person who otherwise, in accordance with this chapter, is eligible to purchase a pistol, then a permit shall be granted. Otherwise, the permit shall be denied.
(Prior code § 7.23.070)
§9.36.080 - Waiting period.
- When any sale of a pistol is made by a dealer under this chapter, seventy-two (72) hours must elapse between the time of sale and the time of delivery to the purchaser and, when delivered all pistols must be unloaded.
- This section shall not apply to federal law enforcement agencies or to a police officer of the state of Nevada or any subdivision thereof who is regularly employed and paid by the state or subdivision, or to any person who currently owns a pistol which is duly registered in his name with any law enforcement agency of Clark County or who has a currently valid permit to carry a concealed pistol, nor shall it apply to any person who requires the use of a pistol in his employment and receives written permission from the chief of police to waive the seventy-two (72) hour waiting period.
(Prior code § 7.23.080)
§9.36.090 - Notification of chief of police.
A dealer or other person making a sale of a pistol shall, within twenty-four (24) hours, notify the chief of police in writing of such sale, giving the name, address and description of the purchaser or transferee, together with the number of the pistol and a complete description thereof and shall notify the purchaser or transferee, at the time of delivery, that the pistol must be registered with the chief of police within twenty-four (24) hours.
(Prior code § 7.23.090)
§9.36.100 - Registration.
- Any person who has been a resident of the city for a period of sixty (60) days or more is required to register any pistols in their possession as set forth in Section B of this section.
- Any resident receiving title to a pistol, whether by purchase, gift or any other transfer, shall within seventy-two (72) hours of receipt, personally appear at the police station, together with the pistol, for the purpose of registering the same with the chief of police. It shall be the duty of the chief of police to register the pistol and he may cooperate in any manner he sees fit with other law enforcement agencies in effecting registration of pistols to the end that efficient registration will be secured at a minimum cost and duplication.
(Ord. 2450 § 1, 2008: prior code § 7.23.100)
§9.36.110 - Satisfactory pistol identification required.
It is unlawful to purchase, sell or to transfer in any manner, or to have in possession or control, any pistol on which the name of the manufacturer, model and manufacturer's serial number has been removed or altered unless, if upon presentation for registration, the pistol can otherwise be identified to the satisfaction of the chief of police, in which case the means of identification shall be noted upon the registration card.
(Prior code § 7.23.110)
§9.36.120 - Persons prohibited from purchasing or owning pistols.
It is unlawful for any person to receive from another by loan, gift, purchase or in any manner, or attempt to obtain in any manner or have in his possession or control, a pistol as defined by this chapter who:
- Has been convicted of a felony in the state of Nevada, or in any state or territory of the United States or any political subdivision thereof;
- Is a fugitive from justice;
- Is an unlawful user or seller of narcotics;
- Is a habitual drunkard;
- Is a member of an organization advocating criminal syndicalism, as defined in NRS 203.160 through 203.190;
- Is foreign born and not a naturalized citizen of the United States of America;
- Has been adjudged insane in this state or any other state and has not subsequently been adjudged sane.
(Prior code § 7.23.120)
§9.36.130 - Prohibited sales and transfers of pistols.
It is unlawful for any person or a dealer in pistols to sell, lease, lend, or otherwise transfer a pistol to any person whom he knows or has reasonable cause to believe:
- Is under the influence of intoxicating beverages;
- Is mentally ill or disturbed;
- Is under eighteen (18) years of age;
- Is a person prohibited from purchasing a pistol as provided in Section 9.36.120
(Prior code § 7.23.130)
§9.36.140 - Display restriction.
No pistols or ammunition for the same shall be displayed in any store or business window during those hours when not open for business and under supervision.
(Prior code § 7.23.140)
§9.36.150 - Sales of foreign-made pistols.
No pistol of foreign make shall be sold with ammunition for the same unless the ammunition is expressly designed for use with such pistol.
(Prior code § 7.23.150)
§9.36.160 - Homemade pistols prohibited.
No homemade pistols shall be bought or sold except as provided by law under the Federal Firearms Act.
(Prior code § 7.23.160)
§9.36.170 - Condition of pistols sold.
All secondhand and used pistols, except antique pieces, sold or purchased shall be in a safe, operable condition.
(Prior code § 7.23.170)
§9.36.180 - Use by minors restricted.
No juvenile under eighteen (18) years of age shall handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent, guardian or a responsible adult, a pistol.
(Prior code § 7.23.180)
§9.36.190 - Aiding violation by minor.
Any person violating Section 9.36.180 or aiding or knowingly permitting any such juvenile to violate the same shall be guilty of a misdemeanor.
(Prior code § 7.23.190)
§9.36.200 - Blank cartridge pistols prohibited.
Possession, transportation, sale or use of a blank cartridge pistol, except for theatrical purposes or for the training or exhibiting of dogs or for signal purposes in athletic sports or by railroads for signal purposes or for use by the United States Armed Forces or any organization of war veterans or by peace officers, is prohibited.
(Prior code § 7.23.200)