Las Vegas Gun Lawyer Explains Weapon Charges in Nevada
Anyone who has visited Nevada recently has probably seen many advertisements for machine gun ranges and gun shows. Although Nevada may seem like it would be lenient toward ownership, carrying, and use of weapons, in reality it has strict gun laws.
If you are arrested for any of the following Nevada crimes:
Contact LV Criminal Defense who can help you protect your record from a felony conviction and loss of immigration rights, gun rights, or the ability to get employed in the future.
Who can and cannot possess a gun in Las Vegas?
Nevada does not require registration to purchase or own a weapon, as long as the owner is over the age of 18. A person must meet stricter requirements and be older than 21 to qualify for a Concealed Carry Permit.
Who cannot possess a firearm in Nevada?
A person can be arrested for possessing a firearm if they meet any of these criteria:
- Under the age of 18 without the supervision of a parent, guardian, or other responsible adult
- A person convicted of a felony in any jurisdiction, as long as the crime carries more than 1 year in prison (even if the time was not served)
- A person who is using or addicted to controlled substances
- A fugitive or
- A person who has been determined by a court or other institution as mentally ill.
What sentences do gun violations carry in Las Vegas, NV?
Gun crimes can range from Category A to D felonies, with 1 to 20 years in prison and up to $10,000 in jail.
If a deadly weapon is used or carried while a person commits another crime such as robbery or burglary, the court can impose a “sentence enhancement” up to double the sentence allowed for the crime itself.
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What does concealed carry and open carry mean in Nevada?
Nevada allows a person who lawfully possesses a gun to carry it most places (see “Where are guns allowed?” below). However, the weapon must be openly displayed, which means that it cannot be concealed by clothing or in a bag or purse. This is what it means to “open carry.”
If a person has a permit to carry a concealed weapon, he or she may carry the weapon in a bag or under clothing. Without a permit, concealing a weapon is a Category C felony which carries jail time and fines.
Where are guns allowed in Las Vegas?
Guns are allowed in most places except public and governmental buildings, such as:
- Public school, university, or child care center
- Public buildings such as courthouses that have metal detectors at the entrance and a sign stating that concealed weapons are not permitted and
- Prisons or jails.
There are certain exceptions to all of these, and a qualified Nevada defense lawyer can provide more information about your gun rights.
Concealed Weapons Permits in Nevada
If you meet the requirements of Nevada law, the sheriff of the county where you apply must provide a concealed weapons permit to you.
Concealed weapons permits are not available for people who:
- Have warrants for their arrest or who is on probation or parole
- Have been declared mentally incompetent by a court
- Has been admitted to a mental health hospital during the last five years
- Is a drug addict
- Has been convicted of any crime using force or the threat of force in the last three years, even if it is a misdemeanor or
- Has been convicted of a domestic violence crime or is subject to a protective order for domestic violence.
Prior convictions for assault crimes and/or domestic violence can impact your right to a concealed weapons permit in Nevada. If you are arrested for any of these crimes, a Nevada criminal lawyer can help reduce the charges to avoid restrictions on gun ownership in the future.
Selling Firearms in Nevada
Selling firearms in Las Vegas to people who are not allowed to own a gun can carry serious penalties. Usually, the charge is a Category B felony, with sentences up to 10 years in a Nevada prison and fines up to $10,000. The seller must know that the person is prohibited from owning a gun for example, the seller can only be convicted if he or she knew the purchase is a convicted felon.
Responsible Gun Ownership in Nevada
Nevada expects gun owners to be responsible with their weapons. Therefore, it is a crime to draw a weapon to threaten or scare someone, to shoot from a building or vehicle, or to shoot in the air in a populated area.
Concealed weapons permits require the applicant to take a firearm safety course, which covers responsible gun ownership and competent use of a firearm.
Any crime which involves or uses a weapon carries serious penalties in Nevada that can have long-lasting consequences for a defendant’s future employment and civil rights. If you have been arrested for a crime involving a weapon in Las Vegas, contact Nick Wooldridge for your strongest defense.