Nevada Has Open Carry Laws for Firearms. What Does That Mean?
For any Nevada resident or visitor who carries a gun, understanding the state’s firearm laws is essential. As an open carry jurisdiction, Nevada generally permits carrying a gun on your person in public without the need of a permit, as long as the firearm is readily discernable and not hidden by clothing. However, there are many limitations and restrictions on open carry, and the open carry laws do not allow a person to carry a concealed firearm. For concealed carry of a gun or other weapon, a person must have a CFP (Concealed Firearms Permit) or CCW (Carry Concealed Weapon) permit.
Las Vegas criminal defense attorney Joseph Gersten has an in-depth understanding of gun laws and firearms. He is an approved Concealed Firearm Instructor for Nevada and Utah and is certified by the National Rifle Association (NRA) in more than nine (9) disciplines. In this article, he explains the basic concepts of open carry in Nevada and highlights the primary limitations that apply.
Open Carry of Firearms in Nevada
The open carry laws in the State of Nevada permit open carry of firearms everywhere in the state for individuals who are at least eighteen years of age. No registration or permit is required for openly carrying a gun on your person. Generally, open carry means that a person may visibly carry a gun, unless a federal or state law prohibits it — and open carry is not allowed in a number of specific situations.
Examples of Open Carry
Whether a person is complying with open carry is determined by whether the firearm is visible through ordinary observation. For example, slinging a rifle over your shoulder or wearing a gun in a holster outside your clothes (usually on the hip or leg) or inside the waistband of pants (with or without a holster but with the gun butt visible) are all acceptable ways to open carry, and a permit is not required. However, carrying a concealed gun or weapon that is not visible through ordinary observation requires a Nevada-recognized CFP / CCW permit, which means a permit from the State of Nevada or a reciprocal state.
Specific Locations
Nevada law prohibits firearms entirely in certain specific locations in the state, including:
- Public and private schools (without written permission)
- Childcare facilities (without written permission)
- Federal buildings and facilities
- United States Post Offices
- Airport security areas and airplane cabins
- Legislative buildings
- VA facilities
- Hoover Dam
Military bases have their own rules about carrying firearms. If you plan to take a gun on any military base, be sure to check the base’s rules before you go.
National parks generally allow firearms when in compliance with Nevada law and the laws of any other state where the park is located, if the person is not otherwise prohibited from carrying a gun. It is advisable to check the firearm rules and regulations of a park before you visit, if you plan to take a gun.
Most casinos, hotels, and resorts in Las Vegas do not allow open or concealed carry on their premises. As private premises, these establishments can legally ask a person with a gun to leave. Refusal to leave may constitute trespass and result in criminal charges.
Other Gun Possession Limitations
In addition to restrictions that apply to some locations, specific laws prohibit carrying firearms in certain situations. For instance, a common situation in which gun laws apply is carrying a gun while traveling in a vehicle. While having a gun in a vehicle is generally permitted, there are restrictions that apply. It is extremely important to be aware of those limitations before you travel in a vehicle with a firearm.
Drinking alcohol or using drugs are other common circumstances in which gun law prohibitions apply. In Nevada, it is illegal to carry a firearm if you are under the influence of alcohol (BAC of 0.08% or more) or drugs, including legally purchased marijuana. If you possess a gun while under the influence of alcohol or drugs, you may face the criminal charge of firearm possession under the influence.
Certain categories of individuals are prohibited from owning, possessing, or carrying a firearm. The categories include persons convicted of a felony, domestic violence, or stalking, as well as illegal immigrants and unlawful users of controlled substances. A court may restrict gun possession or use in a restraining order as well.
State and federal laws also contain other provisions establishing criminal charges for conduct relating to firearms.
Schedule a Free Consultation with an Experienced Las Vegas Firearm Defense Attorney
Las Vegas criminal defense attorney Joseph Gersten represents visitors and residents on all federal and state firearm and weapon charges in Clark County and other Nevada jurisdictions. Contact The Gersten Law Firm to schedule your free consultation.
