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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel. |
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No relevant statutes currently exist.
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Federal law generally requires that licensed firearms dealers
conduct a background check on all prospective firearms
purchasers to ensure that such persons are not prohibited from
buying or possessing a firearm. This background check
requirement and the National Instant Criminal Background Check
System (“NICS”) were enacted through the Brady Handgun Violence
Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of
prohibited purchasers (including felons, fugitives, persons
adjudicated as “mental defectives” or those committed to mental
institutions), and leaves to the states the power to determine
additional classes. (For a complete list of federally
prohibited purchasers, click
here.)
Under the
Brady Act, states have the option of serving as a “state point
of contact” and conducting their own background checks using
NICS and state informational records and databases, or having
the checks performed by the FBI using only NICS. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In Nevada, the Nevada Highway Patrol ("NHP") serves as the state point of contact for implementation of the Brady Act. See the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). Licensed dealers must process each firearm transfer through NHP, which in turn uses NICS and other databases to verify that prospective purchasers are not prohibited from possessing a firearm. Id. Nevada has incorporated the following federal prohibitions as state offenses, prohibiting any person from owning or possessing a firearm if he or she:
Has been convicted of a felony in Nevada, any
other state, or under federal law; Is a fugitive from justice; Is an unlawful user of, or addicted to, any
controlled substance; Has been adjudicated mentally ill or has been
committed to any mental health facility; or Is illegally or unlawfully in the United States.
Nev. Rev. Stat. Ann. § 202.360(1), (2).
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealed weapons permit holders in Nevada are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Nevada Carrying Firearms section.
Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Nevada, although federal and state purchaser prohibitions still apply. However, section 202.254(1) provides that a private person who wishes to transfer a firearm may request that the Central Repository for Nevada Records of Criminal History perform a background check on the transferee. See the Nevada Private/Secondary Sales section.
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No relevant statutes currently exist.
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Possession Restrictions
No person, whether or not he or she possesses a permit to carry a concealed weapon, may possess a firearm:
On the property of the University and Community College System of Nevada or a private or public school or while in a vehicle of a private or public school. Nev. Rev. Stat. Ann. § 202.265; or In any state park or recreational area unless the weapon is unloaded and inside a vehicle. Nev. Admin. Code § 407.105(1)(b).
Exhibiting any firearm at a roadside park or safety rest area is also prohibited. Section 408.615(2).
Finally, Nevada prohibits any person from interfering in the legislative process by willfully possessing any firearm in the state legislative building or any other place where the legislature conducts its business, unless the person has legal authority to possess a firearm in these locations. Nev. Rev. Stat. Ann. § 218.542(8).
Concealed firearms permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.
Transportation of Firearms
Section 503.165(1) generally prohibits any person from carrying 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.
Concealed Weapons Licensing Requirements
Nevada is a “shall issue” state, meaning that local law enforcement must
issue a concealed firearm permit if the applicant meets certain
qualifications.
Any person who is a resident of Nevada may apply to the sheriff of the county in which he or she resides for a concealed firearm permit. Section 202.3657(1). Any person who is not a resident may apply for a permit to the sheriff of any county in the state. Id. Pursuant to section 202.3657(2), the sheriff must issue a permit for one or more specific firearms to any person who is qualified to possess each firearm under state and federal law, and who:
Is 21 years of age or older; Is not prohibited from possessing a firearm pursuant to section 202.360 (see the Nevada Background Checks section); and Demonstrates competence with each firearm by presenting a
certificate or other documentation to the sheriff which shows
that he or she successfully completed an approved course in
firearm safety, including instruction in the use of each
firearm to which the application pertains and in the laws of
Nevada relating to the use of a firearm.
Under section 202.3657(3), the sheriff must deny an application or revoke a permit if he or she 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 five
years; Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired; Has been convicted of a crime involving the use
or threatened use of force or violence punishable as a
misdemeanor during the immediately preceding three years;
Has been convicted of a felony in Nevada, any
other state, or under federal law;
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 on parole or probation;
Has, within the immediately preceding five years,
been subject to any requirements imposed by a court as a
condition to the court's withholding of the entry of judgment
for his or her conviction of a felony, or suspension of his or
her sentence for the conviction of a felony; or
Has made a false statement on any application for
a concealed firearm permit or for the renewal of a permit.
In addition, the sheriff may deny an application or revoke a permit if he or she receives a “sworn affidavit stating articulable facts based upon personal knowledge” from any person 18 years of age or older that the applicant or permittee is prohibited from possessing a permit under section 202.3657(3) (summarized above). Section 202.3657(4).
In addition, if the sheriff receives notification from a court or law enforcement agency that a permittee or applicant has been charged with a crime involving the use or threat of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit, the sheriff must suspend the person’s permit or the processing of his or her application until the final disposition of the charges. Section 202.3657(5).
The fee for a permit is set by the issuing sheriff, but may not exceed $60. Additional application requirements and the background check investigation process are outlined in sections 202.3657(6) and 202.366.
Sheriffs have the authority, notwithstanding the provisions of sections 202.3653—202.369, to issue temporary permits to carry a concealed firearm. Section 202.3687. For every temporary permit issued, the sheriff must provide information concerning the permit and the person to whom it has been issued to the Central Repository for Nevada Records of Criminal History. Id.
Nevada prohibits any person from carrying concealed upon his or her person any firearm without a valid permit issued under state law. Section 202.350(1)(d)(3).
Disclosure or Use of Information
Under section 202.3662, and except as otherwise provided in that section and 202.3665 (regarding victim notification), an application for a permit, all information contained within that application, and all information provided to a sheriff or obtained by a sheriff in the course of his or her investigation, 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, and statistical abstracts of data
compiled by a sheriff, including, but not limited to, the
number of applications received and permits issued, may be
released to any person. Section 202.3662.
Duration & Renewal
A permit expires roughly five years from the date of issuance or renewal, the expiration date being the permittee's birthday nearest the date of issuance or renewal. Section 202.366(4). For non-resident permit holders, this period is three years. Id. The fee for a renewal permit is $25. Section 202.3677(2)(c).
Location Limits
Section 202.3673
states that a permittee may carry a concealed firearm while he
or she is on the premises of any public building other than:
A public airport; A public school, including the University and
Community College System of Nevada (unless the permittee has
obtained written permission to carry a concealed firearm while
on the premises); or One 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 (with limited
exceptions for judges, prosecuting attorneys, employees working
in that public building, or those with the written permission
of a person in control of the public building).
In addition, Nevada Administrative Code § 202.020 provides that a permittee shall not carry a concealed firearm into:
Any facility of a law enforcement agency; A prison, county or city jail or detention facility; A courthouse or courtroom; Any other building owned or occupied by the Federal Government, the state or a local government; or Any other place in which the carrying of a concealed firearm is prohibited by state or federal law.
Concealed firearms permit holders are subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.
Reciprocity
No relevant statutes currently exist, indicating Nevada does not recognize concealed weapons permits issued in other states.
Brady Exemption
Concealed weapons permit holders in Nevada are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Nevada Background Checks section.
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Nevada imposes a misdemeanor offense upon any person who aids or knowingly permits a child under age 18 to handle or possess any firearm except while accompanied by or under the immediate charge of a parent, guardian, or adult authorized to have control or custody of the child. Nev. Rev. Stat. Ann. § 202.300(1), (2). The penalty rises to a felony if an individual violates section 202.300(1) and knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act.
Section 202.300(3) provides that a person does not aid or knowingly permit a child to violate section 202.300(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.
Nevada law also provides that if "a parent, guardian or other person legally responsible for a minor under" age 18:
Knowing that the minor has previously been adjudicated delinquent or has been convicted of a criminal offense; Knowing that the minor has a propensity to commit violent acts; or Knowing or having reason to know that the minor intends to use the firearm for unlawful purposes,
permits the minor to use or possess a firearm, any negligence or willful misconduct of the minor in connection with such use or possession is imputed to the person who permits such use or possession for all purposes of civil damages, and is jointly and severally liable with the minor for any and all damages caused by such negligence or willful misconduct. Section 41.472(1).
Nevada provides by regulation that firearms must be unloaded at all times and stored in locked containers out of the reach of children in foster homes. Nev. Admin. Code § 424.600. Ammunition must be stored in separate locked containers in those homes. Id.
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Nevada does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Nevada Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Nevada Background Checks section.
Licensed firearms dealers or collectors who purchase secondhand firearms or related items at certain shows or exhibits must comply with state recordkeeping (§ 647.110), reports of transactions (§ 647.120), and retention of marked or individually identified property (§ 647.130) requirements that apply to all dealers in junk or secondhand materials. Sections 647.018(2), 647.105.
Number of Federally Licensed Firearms Dealers
There are 534 federally licensed firearms dealers and pawnbrokers in Nevada. Federal firearms licensee totals for Nevada as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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No relevant statutes currently exist.
See the Nevada Private/Secondary Sales section for state laws that apply at gun shows.
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Pursuant to Nevada Revised Statutes Annotated § 12.107(1):
[T]he State of Nevada is the only governmental entity in this state that may commence a lawsuit against a manufacturer or distributor of a firearm or ammunition or a trade association related to firearms or ammunition for damages, abatement or injunctive relief resulting from or relating to the lawful design or manufacture of a firearm or ammunition or the marketing or sale of a firearm or ammunition to the public.
Local governments may sue manufacturers or distributors of a firearm or ammunition for breach of contract or warranty concerning a firearm or ammunition purchased by the entity. Section 12.107(2).
Section 41.131(1) also provides, in part, that "[n]o person has a cause of action against the manufacturer or distributor of any firearm or ammunition merely because the firearm or ammunition was capable of causing serious injury, damage or death, was discharged and proximately caused serious injury, damage or death."
This limitation under section 41.131 does not affect a cause of action based upon a defect in design or production. Section 41.131(2). The capability of a firearm or ammunition to cause serious injury, damage or death when discharged does not make the product defective in design. Id.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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No
relevant statutes currently exist.
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Nevada Revised Statutes Annotated § 202.300(1) prohibits a child under the age of 18 from handling or possessing any firearm except while accompanied by or under the immediate charge of a parent, guardian, or adult authorized to have control or custody of the child.
Under certain circumstances, children who are 14 years of age or older may possess firearms without the presence of a parent, guardian or other adult. Section 202.300(5)-(7). Generally, a child who has a valid license to hunt and the permission of his or her parent or guardian may possess a rifle or shotgun (that is not fully automatic). Id. Parental permission alone is sufficient where the child is attending a hunting or firearm safety course, using a firearm at an established range or where the discharge of firearms is permitted, participating in a lawful competition or performance, traveling to or from such activities, on real property under the control of an adult, with the permission of that adult, or at his or her residence. Id.
The same exceptions apply to handgun possession, as long as the child has the written permission of his or her parent or guardian. Id. Also, the handgun must be unloaded while the child travels to or from an area in which he or she will be hunting pursuant to a license. Id.
Finally, section 202.300(8) states that a child under age 18 may not handle or have in his or her possession or under his or her control a loaded firearm if he or she 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 he or she is within a facility licensed for target practice.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Nevada, although federal and state purchaser prohibitions still apply. See the Nevada Background Checks section.
Nevada Revised Statutes Annotated § 202.254(1) provides that a private person who wishes to transfer a firearm may request that the Central Repository for Nevada Records of Criminal History perform a background check on the transferee.
Upon receiving such a request (along with the purchaser’s identifying information), the central repository must, within five business days:
Section 202.254(3).
If the requestor does not receive notification from the central repository regarding the request within five business days, he or she may presume that the person who wishes to acquire the firearm is not a prohibited purchaser. Section 202.254(4). The central repository may charge a reasonable fee for performing a background check and notifying a person of the results of the background check. Section 202.254(5).
Section 202.254(6) provides that the failure of a person to request the central repository to perform a background check before transferring a firearm to another person does not give rise to any civil cause of action.
In addition, any person who sells or barters a handgun to a child under age 18, "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," commits a felony. Section 202.310.
Licensed firearms dealers or collectors who purchase secondhand firearms or related items at certain shows or exhibits must comply with state recordkeeping (§ 647.110), reports of transactions (§ 647.120), and retention of marked or individually identified property (§ 647.130) requirements that apply to all dealers in junk or secondhand materials. Sections 647.018(2), 647.105.
Pursuant to section 202.362, a person may not sell or otherwise dispose of any firearm or ammunition to another person if the seller or transferor has "actual knowledge" that the person:
Is under indictment for, or has been convicted of, a felony in Nevada, any other state, or under federal law; 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.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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