As stated in the second amendment of the U.S. Constitution: “…being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Despite this American right and freedom, the state of Nevada and the Federal Government have passed many restrictions on firearm and weapon possession/ownership. The abuse of these laws, or the misuse of weapons, is considered a serious offense carrying with it severe penalties that include jail time, expensive fines, a criminal record, and even deportation in some cases.
If you or a loved one is facing a weapons charge against you, it is imperative to seek legal counsel immediately in order to discuss your case with an experienced attorney. When charged with a weapon, gun, or firearm crime in Southern Nevada, it is critical to remember that the law enforcement and the prosecution are NOT on your side. It is in your best interest to secure a trusted Criminal Defense Attorney who will seek the greatest possible outcome for your case.
When facing intimidating criminal weapons charges, don’t hesitate to take the necessary steps to protect your freedom and your future. Contact the Law Offices of Mark Coburn today for a complimentary consultation to discuss the details of your case: (702) 384-1001(702) 384-1001.We, at the Law Offices of Mark Coburn, have successfully defended thousands of cases over the past decade, and the moment you secure us for legal representation, we begin to work aggressively on your behalf building a solid defense strategy. With over 16 years of legal experience, and as one of Southern Nevada’s most trusted Criminal Defense lawyers, Attorney Mark Coburn is an experienced, knowledge attorney who understands the complexities of state and federal weapons laws and will act as advocate at your side, fighting for the positive outcome that you desire.
Attorney Mark Coburn provides each of his clients with the dedication, guidance, and compassion they need during this stressful time in their lives. Mr. Coburn ensures that his clients understand all of their options, and he will maintain clear communication with you throughout your entire legal process.
Penalties for Weapon Crimes in Nevada
Depending on your offense and past criminal history, if charged with carrying an illegal weapon, failing to register a handgun, or carrying a concealed weapon without a permit, you can be charged with a misdemeanor or felony offense. In most cases, a first offense is considered a misdemeanor, which is punishable by up to six months behind bars, and/or up to a $1,000 fine.
In the event that an individual is charged with a felony offense, it will likely be classified as a category D or category C felony. A category D felony carries between one and four years in prison, and/or a fine of up to $5,000. A category C felony is punishable by one to five years in prison, and/or up to a $10,000 fine.
Common weapons, firearm and gun charges can include the following:
- Unlawful Possession of a Firearm
- Possession of a Firearm by a Convicted Felon
- Improper Exhibition of a Firearm
- Weapon Enhancement
- Carrying a Concealed Weapon
- Assault with a Deadly Weapon
What is Classified as a Weapon in Nevada?
According to NRS 202.350: a concealed weapon is defined as any weapon being carried in a way that is not noticeable by the public in ordinary observation. If an individual is carrying an illegal weapon, or one he or she does not have a license to carry, the individual can be charged with a criminal offense. Weapons can include, but are not limited to:
- Explosive objects
- Pistol, Revolver, or Firearm
- Brass knuckles
- Club, bat, or stick
- Certain knives or daggers
In the majority of cases, individuals can not receive a permit to carry concealed weapons that are not firearms. However, under certain circumstances, the sheriff’s department may issue such a permit after reviewing the individual’s request.
Nevada’s Definition of a Firearm
Nevada defines a firearm as any device designed to be used as a weapon and functioning by projecting a bullet through a barrel using explosive or combustive force. Firearms include everything from a personal handgun to a hunting rifle.
Nevada’s Definition of a Concealed Weapon
Nev. Rev. Stat § 202.350 defines a concealed weapon as a weapon that is carried upon a person in a manner that is not noticeable by ordinary observation.
Permit to Carry a Concealed Firearm
To legally carry a concealed firearm in Las Vegas, an individual must obtain a permit from the county sheriff’s office. If the individual is a minimum of 21 years old, completes an approved firearms course, and is not prohibited by federal or state law from having a firearm, he or she is eligible to receive a permit. An individual can be ruled ineligible to receive a permit if he or she:
- Has been convicted of a felony
- Has been convicted of a violent crime
- Is currently on probation or parole
- Has pending criminal charges against him or her
- Falsifies information on the permit application
- Currently has a warrant out for his or her arrest
- Has a history of substance or alcohol abuse
- Has been convicted of a domestic violence offense
Note: After purchasing a gun in Las Vegas, or the surrounding areas of Clark County, the owner must register the gun with the Las Vegas Metropolitan Police Department.
Non-Firearm Concealed Weapons Permit in Las Vegas
As a rule of thumb, individuals are not allowed to carry non-firearm concealed weapons in Nevada. However, you may contact your local sheriff’s department and request a permit to carry a non-firearm concealed weapon. The sheriff will review your request.
Gun Registration in Las Vegas
Upon purchase of a firearm in Nevada, you must submit to a Brady background check. The Brady Handgun Violence Prevention Act was signed into law in 1993 to determine if a buyer is eligible to purchase firearms or explosives. In addition, registration of your gun is required in the county where you reside.
In Clark County, when you purchase your first gun, you must wait 72 hours to take possession of the firearm. After that waiting period, you must take the unloaded gun to the Las Vegas Metropolitan Police Department to obtain registration.