While the Second Amendment of the United States Constitution gives citizens the right to bear arms, if you misuse or commit a crime with a “weapon,” it could result in serious criminal charges.
A weapon is rather widely defined. It can be a firearm or another dangerous object. Under Nevada law, a weapon is defined as:
- “Any instrument used in the ordinary manner contemplated by its design and construction, will be likely to cause substantial bodily harm or death.”
- “Any weapon, device, instrument, material or substance in which it is used, is attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.”
A weapon can be specifically made, designed, or adapted to inflict severe injury or death. A few examples of such objects include:
- Belt knives
- Brass knuckles
- Paint guns
- Explosive devices and substances
Gun Laws and Concealed Carry Weapon Permits in Nevada
Nevada gun laws do not require a permit to buy, own, or possess a firearm. Additionally, it is legal to openly carry a firearm in the state. If the weapon is concealed, however, you do need a concealed carry weapon (CCW) permit, which you are required to keep on your person while carrying the firearm.
While the state of Nevada allows the open carry of a firearm, it is illegal for you to carry a loaded rifle or shotgun in your car. This stipulation does not apply to handguns.
Nevada law NRS 202.265(5)(b) defines a firearm as: “Any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.”
To obtain a concealed carry weapon permit, the following restrictions apply:
- You must be at least 21 years old.
- You must complete a firearms safety course.
- You must not be addicted to alcohol or drugs.
- You must not have a prior record of violent crimes.
- You cannot have a domestic violence conviction.
- You cannot be on probation or parole for a crime.
- You must not have misrepresented information on past firearm permit applications.
While it is permissible to carry a firearm in stores, casinos, or restaurants in Nevada, you may not carry a gun in a public or private school property, childcare facility, airport, county or national park, buildings with “No Weapons” signs posted, buildings with metal detectors, government buildings, or if you are intoxicated.
Nevada state law also prohibits the manufacture, importation, possession, or use of certain dangerous weapons and silencers for guns. There are certain exceptions if you are a police officer, in the military, or a weapons manufacturer that applied for and received certain permits.
Penalties for Crimes Involving Weapons in Nevada
Criminal convictions for any gun-related or deadly weapon offense can result in jail time, heavy fines, or deportation, depending on your immigration status.
Penalties for a misdemeanor conviction for a gun offense can result in up to six months in prison and a fine of $1,000. A felony charge can mean one year to life in prison, along with fines of up to $10,000, depending on the degree of the offense.
In federal and state court, if you commit a crime with the use of a gun or other weapon, it may result in harsher penalties, including a longer prison sentence and higher fines.
Weapon penalties in the state of Nevada can be severe and impact your life for years afterward. Misdemeanor and felony convictions can be found during background checks and hinder your chances for future employment. In addition, a felony charge can possibly prevent you from future gun possession, financial aid, the right to vote, and enlistment in the military.
Defending Yourself Against Weapons Charges
If you have been charged with a criminal offense related to weapons, I understand the impact a conviction could have on your professional and personal life. In this type of situation, law enforcement and prosecutors are not on your side. You need someone to fight for your best interests. I am a lawyer who can advise you of your best legal options and help you achieve the best results possible.
You may be the victim of flawed police work or a violation of your rights. Your case may have witnesses who are not credible, conflicting stories, or other circumstances that prompt the court to dismiss the charges or acquit you. The charges may be reduced to carry a lesser penalty through extensive negotiation with the prosecution.
As an experienced criminal defense lawyer, I understand how to mount the best possible defense against weapons charges, which may include the following:
- Possession of an illegal weapon or firearm
- Unlawful sale or distribution of firearms
- Convicted felon in possession of a firearm
- Brandishing a firearm or other deadly weapon
- Use of a deadly weapon while a crime is committed
- Assault with a deadly weapon
- Domestic violence charges involving a weapon
- Possession of a weapon that is concealed
Facing a Weapons Charge in Nevada? Get Experienced Legal Help Now
If you or a loved one has been charged with a crime involving a weapon in Nevada, you need legal help from an experienced Las Vegas criminal defense attorney. As a criminal defense lawyer with more than 13 years of trial experience, I can provide you with the knowledge that you need during this intense situation. I understand the importance of taking vigorous legal action to protect you from the serious consequences of a conviction for a weapons crime.
When you stand to lose your freedom and your rights, I can be a strong advocate for you who will aggressively protect your best interests and fight for a positive outcome. I have successfully defended hundreds of clients against criminal charges. Contact my office by phone or online for a free consultation today.