Gun laws in Nevada

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Location of Nevada in the United States

Gun laws in Nevada regulate the sale, possession, and use of firearms and ammunition in the state of Nevada in the United States.[1][2]

Summary table[edit]

Subject/Law Long Guns Handguns Relevant Statutes Notes
Permit to purchase required? No No
Firearm registration? No No Clark county (excluding Boulder City) requires the registration of handguns.[3]
Owner license required? No No
Concealed Carry permits issued? No Yes NRS 202§3657 - Application and PermittingNRS 202§360 - Prohibited Persons Nevada is a "shall issue" state for concealed carry.
Open carry permitted? Yes Yes NV Constitution Article 1 Section 11NRS 503§165 - Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions. Open carry is generally permitted throughout the state. For open carry in a vehicle, the firearm must be clearly visible if upon the person, however in Clark County is subject to possible unlawful arrest and litigation.[4][5]
State preemption of local restrictions? Yes Yes NRS 244§364 - County of 700,000 or moreNRS 268§418 - City of 700,000 or moreNRS 269§222 - Town of 700,000 or more Local authorities may regulate the discharge of firearms. Handgun registration in Clark County is grandfathered in.
"Assault weapon" law? No No
Magazine Capacity Restriction? No No
NFA weapons restricted? No No NRS 202§275  Possession, manufacture or disposition of short-barreled rifle or short-barreled shotgunNRS 202§350  Manufacture, importation, possession or use of dangerous weapon or silencer18 USC §922(b)4 - Unlawful Transfer27 CFR §478.98 - Sales or deliveries of destructive devices and certain firearms. Possession and ownership of an SBR, SBS, machine gun (selective-fire weapon), or silencer, all NFA items, are subject to federal purview and regulation.[6][7]

Concealed carry[edit]

Nevada is a "shall issue" state for concealed carry. The county sheriff shall issue a concealed firearms permit to applicants who qualify under state and federal law, who submit an application in accordance with the provisions of section NRS 202.3657.[8][9] To apply for a Concealed Firearm Permit, a person must successfully complete an approved course in firearm safety and demonstrate competence (qualify) with any handgun. Previously, a single permit applied to only those firearms the applicant qualified with. Under revised legislation, a single permit is valid for all handguns the person owns or may thereafter own.[10][11] Holders of previous permit iterations are grandfathered per current law and are no longer constrained to their qualified firearms, nor qualified firearm action.

Note: The change in the law regarding competence with semi-automatic handguns is effective July 1, 2011 through Nevada Assembly Bill AB 282.[12] This change is retroactive meaning that permits issued prior to July 1, 2011, that have specific semiautomatic firearms listed is the equivalent to having all semiautomatic firearms authorized.[13]

States that honor a Nevada permit: Alaska, Arizona, Iowa, Idaho, Indiana, Kansas*, Kentucky, Louisiana, Michigan*, Minnesota, Missouri, Montana, Oklahoma, South Dakota, Tennessee, Texas, Utah (*Residential permits only).

As of 1 July 2012, other state permits that Nevada honors: Alaska, Arkansas, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, New Mexico, North Carolina, Ohio, Tennessee, Rhode Island, South Carolina, West Virginia.[14] The law allows holders of valid permits from these states to carry a concealed weapon while in the State of Nevada. The valid permit along with current photo I.D. must be in the possession of the person at all times while carrying a concealed firearm.

On February 28, 2013, the Nevada Sheriffs’ and Chiefs' association voted unanimously to end the recognition of Arizona concealed weapon permits.

The concealed firearm permit cost differs depending on which county you apply in. The application must be turned in to the county in which the applicant resides. The permit is valid for 5 years.[15]

Open carry[edit]

Nevada is a traditional open carry state with seemingly complete state preemption of firearms laws. However, several localities have passed and are enforcing "Deadly Weapons" laws which conflict with the preemption laws, and whose legality is therefore at issue. Effective Oct 1, 2007 is legislation that prohibits counties/cities/towns from enacting ordinances more restrictive than state law. The legislature reserves for itself the right to legislate firearms law.

Registration of firearms[edit]

Nevada state law does not require the registration of firearms. However, handgun owners in Clark County must register (at no charge) their concealable firearms (essentially any firearm with a barrel 12" or less) at a law enforcement agency within an incorporated city of Clark County (this registration is informally called the 'Blue Card'). The ordinance provides a period of at least 60 days of residency in the county before registration of such a firearm is required, and a period of at least 72 hours for the registration of a pistol by a resident of the county upon transfer of title to the pistol to the resident by purchase, gift or any other transfer.[16]

Other laws[edit]

AB 217, allows residents of non-contiguous states to purchase long guns in Nevada. It also allows Nevada residents to purchase long guns in non-contiguous states. This legislation brings Nevada in line with the protections provided by the Firearms Owners Protection Act, which allows for the interstate sale of long guns by federally licensed firearms dealers.

AB 282 ensures that concealed firearm permit holders’ names and addresses remain confidential; revise Nevada state law to allow carrying of any semi-automatic pistol, as with revolvers, once qualified for a CCW permit with a semi-automatic pistol; allows carrying of firearms in Nevada state parks; and statutorily mandates a background investigation (which is currently being done by all Nevada sheriffs) for CCW permit renewals for the purpose of reinstating the National Instant Criminal Background Check System (NICS) exemption for Nevada, thus ensuring that permit holders do not have to go through a point-of-contact check for every firearm purchased, as long as the CCW permit is valid.

Assembly Bills 217 and 282 went into effect on July 1, 2011.

References[edit]

  1. ^ "State Gun Laws: Nevada", National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012.
  2. ^ "Nevada State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  3. ^ "Clark County Ordinance Chapter 12§4.110 72-hour Registration Requirement". Municode.com. Retrieved April 28, 2014. 
  4. ^ "North Las Vegas Municipal Ord. 9§32.080 - Deadly weapon prohibited in vehicle — Exceptions". Municode.com. Retrieved April 28, 2014. 
  5. ^ "North Las Vegas Municipal Ord. 9§32.040 - Dangerous or Deadly Weapon defined". Municode.com. Retrieved April 28, 2014. 
  6. ^ "18 USC §922(b)4 - Unlawful Transfer". GPO.gov. April 1, 2012. 
  7. ^ "27 CFR §478.98 - Sales or deliveries of destructive devices and certain firearms.". GPO.gov. April 1, 2012. 
  8. ^ "NRS 202.3657  Application for permit; eligibility; denial or revocation of permit.". LEG.state.NV.US. Retrieved April 28, 2013. 
  9. ^ "NRS 202.360  Ownership or possession of firearm by certain persons prohibited; penalties.". LEG.state.NV.US. Retrieved April 28, 2013. 
  10. ^ "NRS 202.3657 - Application for permit; eligibility; denial or revocation of permit.". LEG.state.NV.US. Retrieved April 28, 2013. 
  11. ^ "2013 Statutes of Nevada, Page 1139 (Chapter 255, SB 76)". LEG.state.NV.US. Retrieved April 28, 2013. 
  12. ^ "AB282". Leg.state.nv.us. Retrieved November 23, 2011. 
  13. ^ http://www.leg.state.nv.us/Session/76th2011/Minutes/Assembly/JUD/Final/603.pdf
  14. ^ http://www.nvrepository.state.nv.us/ccw_changes.shtml
  15. ^ http://www.leg.state.nv.us/NRs/NRS-202.html#NRS202Sec366
  16. ^ Clark County Ordinance 12.04.110