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Academy of Defensive and Protective Training

Nevada Concealed Firearms Permit Course

Information Packet

Contents:

Federal, and State Laws

N.R.S. Statues

CFP/CCW and General Firearms Laws

 

“Concealed firearm” means a handgun that is carried upon a person in such a manner as not to be discernible by ordinary observation. (Upon means: Readily accessible)

 

Federal

     Second Amendment: Adopted on December 15, 1791, as part of the first ten amendments contained in the Bill of Rights.

     “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

 

     National Firearms Act: 1934

     First Major Gun Control Legislation. Eliminated private ownership of machine guns, "gadget" guns, and added hefty taxes for firearm sales and manufacturers.

 

     Federal Firearms Act: 1938

     Persons selling guns are required to obtain a Federal Firearms License and to maintain records of persons to whom firearms are sold. Also prohibited sales to felons.

 

     Gun Control Act of 1968

     Federal law enacted October 22, 1968: Inspired by the assassination of JFK, who was killed by a mail-order gun. Expanded licensing requirements, restricted handgun sales over state lines, prohibited selling firearms to certain categories of individuals

     Convicted Felons

     Addicted to controlled substances

     Mentally impaired

     Illegal residents

     Dishonorably discharged from the military

     Renounced citizenship

     Misdemeanor crimes involving domestic violence (Lautenberg Amendment, named after its sponsor, Senator Frank Lautenberg)

     Also called: Domestic Violence Offender Gun Ban, which bans access to firearms by people convicted of crimes of domestic violence.

Caveat: Some of these statutes have been summarized into digestible chunks of information.

Laws can be found, unabbreviated at: http://www.leg.state.nv.us

 

Nevada State Constitution

Article 1, Section 11, Subsection1:

Sec.  11.  Right to keep and bear arms; civil power supreme.

      1.   Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.

 

NRS 200.010: Murder Defined

·         Murder is the unlawful killing of a human being:

·         With malice aforethought, either express or implied;

·         Caused by a controlled substance which was sold, given, traded or made available to a person.

 NRS 200.040: “Manslaughter” defined.

·         Manslaughter is the unlawful killing of a human being, without malice express or implied, and without any mixture of deliberation.

·         Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible, or involuntary, in the commission of an unlawful act, or a lawful act without due caution or circumspection.

·         Manslaughter does not include vehicular manslaughter

NRS 200.070: Involuntary Manslaughter Defined

·         Involuntary manslaughter is the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner.

·         Where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.

·         Involuntary manslaughter does not include vehicular manslaughter

 NRS 200.120  “Justifiable homicide” defined; no duty to retreat under certain circumstances.

      1.   Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle or person, against one who manifestly intends or endeavors to commit a crime of violence, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein

      2.  A person is not required to retreat before using deadly force as provided in subsection 1 if the person:

      (a)  Is not the original aggressor;

      (b)  Has a right to be present at the location where deadly force is used; and

      (c)  Is not actively engaged in conduct in criminal activity at the time deadly force is used.

3. As used in this section: (a) “Crime of violence” means any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony. (b) “Motor vehicle” means every vehicle which is self-propelled.

 

 

NRS 200.130: Bare Fear versus Reasonable Fear

 

1. A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, is not sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge.

 

2. There is a rebuttable presumption that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge if the person killing: (a) Knew or reasonably believed that the person who was killed was entering unlawfully and with force, or attempting to enter unlawfully and with force, the occupied habitation or occupied motor vehicle, of another; (b) Knew or reasonably believed that the person who was killed was committing or attempting to commit a crime of violence.

 

NRS 200.160  Additional cases of justifiable homicide.

Homicide is also justifiable when committed:

      1.   In the lawful defense of the slayer, or of any other person in their presence, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

      2.   In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is.

 

 NRS 200.180  Excusable homicide by misadventure.

      1.   Excusable homicide by misadventure occurs when:

      (a) A person is doing a lawful act, without any intention of killing, yet unfortunately kills another, as where a person is at work with an ax and the head flies off and kills a bystander; or

      (b)  An officer punishing a criminal happens to occasion death, which acts of correction are lawful.

      2.   If the officer exceeds the sentence under which the officer acts, either in the manner, the instrument, or quantity of punishment, and death ensues, it is manslaughter or murder, according to the circumstances of the case.

 

NRS 200.200: Killing in Self Defense

If a person kills another in self-defense, it must appear that:

·         The danger was so urgent and pressing that, in order to save the person’s own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary; and

·         The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.

 

 NRS 202.253  Definitions.  As used in NRS 202.253 to 202.369, inclusive:

      1.  “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.

      2.   “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.

      3.   “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.

 


 

 

NRS 202.255  Setting spring gun or other deadly weapon: Unlawful and permitted uses; penalties.

      1.   A person who sets a so-called trap, spring pistol, rifle, or other deadly weapon shall be punished:

      (a)  If no injury results therefrom to any human being, for a gross misdemeanor.

      (b) If injuries not fatal result therefrom to any human being, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c)  If the death of a human being results therefrom:

             (1) Under circumstances not rendering the act murder, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000; or

             (2)  Otherwise, for murder which is a category A felony as provided in NRS 200.030.

      2.  Subsection 1 does not prevent the use of any loaded spring gun, set gun or other device for the destruction of gophers, moles, coyotes or other burrowing rodents or predatory animals by agents or employees of governmental agencies engaged in cooperative predatory animal and rodent control work, but:

      (a) A loaded spring gun, set gun or other device must not be set within 15 miles of the boundaries of any incorporated city or unincorporated town; and

      (b)  Before setting any such loaded spring gun, set gun or other device on any real property permission must first be obtained from the owner, lessee or administrator thereof.

 

 

  NRS 202.257  Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm.

      1.   It is unlawful for a person who:

      (a)  Has a concentration of alcohol of 0.10 or more in his or her blood or breath; or

      (b)  Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm, to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.

      2.  Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is directed by a police officer to submit to the test. If a person to be tested fails to submit to a required test as directed by a police officer, the officer may direct that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.

      3.   Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      4.   A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.

      5.   As used in this section, the phrase “concentration of alcohol of 0.10 or more in his or her blood or breath” means 0.10 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

 

 

 

      


 

 

NRS 202.265  Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.

      1.  Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:

      (a)  An explosive or incendiary device;

      (b)  A dirk, dagger;

      (c)  A nunchaku or trefoil;

      (d)  A blackjack or billy club or metal knuckles;

      (e)  A pistol, revolver or other firearm; or

      (f)  Any device used to mark any part of a person with paint or any other substance.

      2.   Any person who violates subsection 1 is guilty of a gross misdemeanor.

      3.   This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:

      (a)  A private or public school or child care facility by a:

             (1)  Peace officer;

             (2)  School security guard; or

             (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.

      (b)  A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.

      4.   The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.

      5.   For the purposes of this section:

      (a)  “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.

      (b)  “Firearm” includes 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.

      (c)  “Nunchaku” has the meaning ascribed to it in NRS 202.350.

      (d)  “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

      (e)  “Trefoil” has the meaning ascribed to it in NRS 202.350.

      (f)  “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.

      (Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913)

 

 

      NRS 202.273  Unlawful manufacture or sale of certain metal-penetrating bullets: Exceptions; penalty.

      1.   Except as provided in subsection 2, it is unlawful to manufacture or sell any metal-penetrating bullet capable of being fired from a handgun.

      2.   A person may manufacture and sell metal-penetrating bullets pursuant to an agreement with a law enforcement agency for the sale of such bullets to that agency.

      3.   A person who violates the provisions of this section is guilty of a gross misdemeanor.

      4.   As used in this section, “metal-penetrating bullet” means a bullet whose core:

      (a)  Reduces the normal expansion of the bullet upon impact; and

      (b)  Is at least as hard as the maximum hardness attainable using solid red metal alloys, and which can be used in a handgun. The term does not include any bullet with a copper or brass jacket and a core of lead or a lead alloy, or a bullet made of lead or lead alloys.

 

 

NRS 202.275  Possession, manufacture or disposition of short-barreled rifle or short-barreled shotgun: Penalty; exceptions.

      1.  Except as otherwise provided in subsection 3, a person who knowingly or willfully possesses, manufactures or disposes of any short-barreled rifle or short-barreled shotgun is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.   For purposes of this section:

      (a)  “Short-barreled rifle” means:

             (1)  A rifle having one or more barrels less than 16 inches in length; or

             (2)  Any weapon made from a rifle, whether by alteration, modification or other means, with an overall length of less than 26 inches.

      (b)  “Short-barreled shotgun” means:

             (1)  A shotgun having one or more barrels less than 18 inches in length; or

             (2)  Any weapon made from a shotgun, whether by alteration, modification or other means, with an overall length of less than 26 inches.

      3.   This section does not prohibit:

      (a)  The possession or use of any short-barreled rifle or short-barreled shotgun by any peace officer when authorized to do so in the performance of official duties;

      (b) The possession of any short-barreled rifle or short-barreled shotgun by a person who is licensed as a firearms importer, manufacturer, collector or dealer by the United States Department of the Treasury, or by a person to whom such a rifle or shotgun is registered with the United States Department of the Treasury; or

      (c) The possession of any short-barreled rifle or short-barreled shotgun that has been determined to be a collector’s item pursuant to 26 U.S.C. Chapter 53 or a curio or relic pursuant to 18 U.S.C. Chapter 44.

 

NRS 202.277  Changing, altering, removing or obliterating serial number of firearm prohibited; possession of firearm with serial number changed, altered, removed or obliterated prohibited; penalties.

      1.   A person shall not intentionally change, alter, remove or obliterate the serial number upon any firearm. Any person who violates the provisions of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.   A person shall not knowingly possess a firearm on which the serial number has been intentionally changed, altered, removed or obliterated. Any person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 

NRS 202.280  Discharging firearm in or upon public streets or in places of public resort; throwing deadly missiles; duties of civil, military and peace officers; penalties.

      1.  Unless a greater penalty is provided in NRS 202.287, a person, whether under the influence of liquor, a controlled substance or otherwise, who maliciously, wantonly or negligently discharges or causes to be discharged any pistol, gun or any other kind of firearm, in or upon any public street or thoroughfare, or in any theater, hall, store, hotel, saloon or any other place of public resort, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although no injury results, is guilty of a misdemeanor.

      2.   All civil, military and peace officers shall be vigilant in carrying the provisions of subsection 1 into full force and effect. Any peace officer who neglects his or her duty in the arrest of any such offender is guilty of a gross misdemeanor.

 

 

 


 

 

NRS 202.285  Discharging firearm at or into structure, vehicle, aircraft or watercraft; penalties.

      1.  A person who willfully and maliciously discharges a firearm at or into any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender:

      (a)  If it has been abandoned, is guilty of a misdemeanor unless a greater penalty is provided in NRS 202.287.

      (b) If it is occupied, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.  Whenever a firearm is so discharged at or into any vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, railroad locomotive, car or tender, in motion or at rest, and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vessel, aircraft, vehicle, vehicle trailer, semitrailer or house trailer, locomotive or railroad car may have run on the trip during which the firearm was discharged at or into it.

 

  NRS 202.287  Discharging firearm within or from structure or vehicle; penalties.

      1.   A person who is in, on or under a structure or vehicle and who maliciously or wantonly discharges or maliciously or wantonly causes to be discharged a firearm within or from the structure or vehicle:

      (a)  If the structure or vehicle is not within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a misdemeanor.

      (b)  If the structure or vehicle is within an area designated by city or county ordinance as a populated area for the purpose of prohibiting the discharge of weapons, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      2.   If a firearm is discharged within or out of any vehicle that is in motion or at rest and it cannot with reasonable certainty be ascertained in what county the crime was committed, the offender may be arrested and tried in any county through which the vehicle may have run on the trip during which the firearm was discharged.

      3.   The provisions of this section do not apply to:

      (a)  A person who lawfully shoots at a game mammal or game bird pursuant to subsection 2 of NRS 503.010.

      (b)  A peace officer while engaged in the performance of his or her official duties.

      (c)  A person who discharges a firearm in a lawful manner and in the course of a lawful business, event or activity.

      4.   As used in this section:

      (a)  “Structure” means any temporary or permanent structure, including, but not limited to, any tent, house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building.

      (b)  “Vehicle” means any motor vehicle or trailer designed for use with a motor vehicle, whether or not it is self-propelled, operated on rails or propelled by electric power obtained from overhead wires.

 

NRS 202.290  Aiming firearm at human being; discharging weapon where person might be endangered; penalty.  Unless a greater penalty is provided in NRS 202.287, a person who willfully:

      1.   Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or

      2.   Discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place where any person might be endangered thereby, although an injury does not result,

is guilty of a gross misdemeanor.

 


 

 

NRS 202.300  Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances.

      1.   Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

      2.   A person who aids or knowingly permits a child to violate subsection 1:

      (a)  Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.

      (b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (c) For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.   A person does not aid or knowingly permit a child to violate subsection 1 if:

      (a)  The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;

      (b)  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;

      (c)  The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or

      (d)  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.

      4.   The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.

      5.   Except as otherwise provided in subsection 8, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:

      (a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or

      (b) A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,

 and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.

      6.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:

      (a)  Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;

      (b)  Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;

     

(c)  Participating in a lawfully organized competition or performance involving the use of a firearm;

      (d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;

      (e)  Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;

      (f)  On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or

      (g)  At his or her residence.

      7.  Except as otherwise provided in subsection 8, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 6, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:

      (a) Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and

      (b)  Is not otherwise prohibited by law from possessing such a firearm.

      8.  A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:

      (a)  An occupant of a motor vehicle;

      (b) 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

      (c)  Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.

      9.   For the purposes of this section, a firearm is loaded if:

      (a)  There is a cartridge in the chamber of the firearm;

      (b)  There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c)  There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

 

 NRS 202.310  Sale of firearms to minors; penalty.  Any person in this state who sells or barters to a child who is under the age of 18 years, 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, a pistol, revolver or a firearm capable of being concealed upon the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

 

NRS 202.320  Drawing deadly weapon in threatening manner.

      1.  Unless a greater penalty is provided in NRS 202.287, a person having, carrying or procuring from another person any dirk, dirk-knife, sword, sword cane, pistol, gun or other deadly weapon, who, in the presence of two or more persons, draws or exhibits any of such deadly weapons in a rude, angry or threatening manner not in necessary self-defense, or who in any manner unlawfully uses that weapon in any fight or quarrel, is guilty of a misdemeanor.

      2.   A sheriff, deputy sheriff, marshal, constable or other peace officer shall not be held to answer, under the provisions of subsection 1, for drawing or exhibiting any of the weapons mentioned therein while in the lawful discharge of his or her duties.

 


 

 

NRS 202.350  Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.

      1.   Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this State shall not:

      (a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slingshot, billy, sand-club, sandbag or metal knuckles;

      (b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;

      (c)  With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or

      (d)  Carry concealed upon his or her person any:

             (1)  Explosive substance, other than ammunition or any components thereof;

             (2)  Dirk, dagger or machete;

             (3)  Pistol, revolver or other firearm, or other dangerous or deadly weapon; or

             (4)  Knife which is made an integral part of a belt buckle.

      2.   Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:

      (a)  Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:

             (1)  For the first offense, of a gross misdemeanor.

             (2)  For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

      (b)  Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.

      4.   Except as otherwise provided in subsection 5, this section does not apply to:

      (a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.

      (b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

      (c)  Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

      (d)  Members of the Armed Forces of the United States when on duty.

      5.   The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his or her former employer has approved his or her fitness to carry a concealed weapon.

      6.   The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

      7.  This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he or she is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.

      8.   As used in this section:

     

(a)  “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.

      (b)  “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he or she was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

      (c)  “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.

      (d)  “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

      (e)  “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926B(c).

      (f)  “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C(c).

      (g) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

      (h)  “Switchblade knife” means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.

      (i)  “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

 

NRS 202.360  Ownership or possession of firearm by certain persons prohibited; penalties.

      1.   A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

      (a) Has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

      (b)  Is a fugitive from justice; or

      (c)  Is an unlawful user of, or addicted to, any controlled substance.

A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      2.   A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

      (a)  Has been adjudicated as mentally ill or has been committed to any mental health facility; or

      (b)  Is illegally or unlawfully in the United States.

 A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.   As used in this section:

      (a)  “Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

      (b)  “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

 


 

NRS 202.362  Sale or disposal of firearm or ammunition to certain persons prohibited; penalty; exceptions.

      1.  Except as otherwise provided in subsection 3, a person within this State shall not sell or otherwise dispose of any firearm or ammunition to another person if he or she has actual knowledge that the other person:

      (a) Is under indictment for, or has been convicted of, a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;

      (b)  Is a fugitive from justice;

      (c)  Has been adjudicated as mentally ill or has been committed to any mental health facility; or

      (d)  Is illegally or unlawfully in the United States.

      2.   A person who violates the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      3.   This section does not apply to a person who sells or disposes of any firearm or ammunition to:

      (a)  A licensed importer, licensed manufacturer, licensed dealer or licensed collector who, pursuant to 18 U.S.C. § 925(b), is not precluded from dealing in firearms or ammunition; or

      (b)  A person who has been granted relief from the disabilities imposed by federal laws pursuant to 18 U.S.C. § 925(c) or NRS 179A.163.

      (Added to NRS by 2003, 1349; A 2009, 2490)

NRS 202.3653  Definitions.  As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:

      1.   “Concealed firearm” means a loaded or unloaded handgun which is carried upon a person in such a manner as not to be discernible by ordinary observation.

      2.   “Department” means the Department of Public Safety.

      3.   “Handgun” has the meaning ascribed to it in 18 U.S.C. § 921(a)(29).

      4.   “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

 

NRS 202.3657  Application for permit; eligibility; denial or revocation of permit.

      1.   Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.

      2.   A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.

      3.   Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:

      (a)  Is 21 years of age or older;

      (b)  Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

      (c)  Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:

             (1)  Successfully completed a course in firearm safety approved by a sheriff in this State; or

             (2)  Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

 

 

Such a course must include instruction in the use of handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.

      4.   The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

      (a)  Has an outstanding warrant for his or her arrest.

      (b)  Has been judicially declared incompetent or insane.

      (c)  Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

      (d)  Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been:

             (1)  Convicted of violating the provisions of NRS 484C.110; or

             (2)  Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.

      (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

      (f)  Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

      (g)  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.

      (h)  Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

      (i)  Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

             (1)  Withholding of the entry of judgment for a conviction of a felony; or

             (2)  Suspension of sentence for the conviction of a felony.

      (j)  Has made a false statement on any application for a permit or for the renewal of a permit.

      5.   The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.

      6.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.

      7.   An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

      (a)  The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

      (b)  A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;

      (c)  A front-view colored photograph of the applicant taken by the sheriff or his or her agent;

      (d)  If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

      (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

      (f) A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and

      (g)  A nonrefundable fee set by the sheriff not to exceed $60.

 

NRS 202.366  Investigation of applicant for permit; issuance or denial of permit; expiration of permit.

      1.   Upon receipt by a sheriff of an application for a permit, including an application for the renewal of a permit pursuant to NRS 202.3677, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The investigation also must include a report from the National Instant Criminal Background Check System. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to202.369, inclusive, or the regulations adopted pursuant thereto.

      2.   To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.

      3.   Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:

 

NRS 202.3663: Judicial review of permit application denial

     If an application is denied, the applicant can request judicial review of the denial by filing a petition in the district court of the county the application was made.

 

NRS 202.3667  Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.

      1.   Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.

      2.   A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

 

NRS 202.367  Duplicate permit; notification to sheriff of recovered permit; penalty.

      1.   A permittee shall notify the sheriff who issued his or her permit in writing within 30 days if the permittee’s:

      (a)  Permanent address changes; or

      (b)  Permit is lost, stolen or destroyed.

      2.   The sheriff shall issue a duplicate permit to a permittee if the permittee:

      (a)  Submits a written statement to the sheriff, signed under oath, stating that his or her permit has been lost, stolen or destroyed; and

      (b)  Pays a nonrefundable fee of $15.

      3.   If any permittee subsequently finds or recovers his or her permit after being issued a duplicate permit pursuant to this section, the permittee shall, within 10 days:

      (a)  Notify the sheriff in writing; and

      (b)  Return the duplicate permit to the sheriff.

      4.   A permittee who fails to notify a sheriff pursuant to the provisions of this section is subject to a civil penalty of $25.

 

NRS 202.3673  Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.

      1.   Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while the permittee is on the premises of any public building.

      2.   A permittee shall not carry a concealed firearm while the permittee is on the premises of a public building that is located on the property of a public airport.

      3.   A permittee shall not carry a concealed firearm while the permittee is on the premises of:

      (a)  A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he or she is on the premises of the public building pursuant to subparagraph (3) of paragraph (a) of subsection 3 of NRS 202.265.

      (b)  A public building 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, unless the permittee is not prohibited from carrying a concealed firearm while he or she is on the premises of the public building pursuant to subsection

4. The provisions of paragraph (b) of subsection 3 do not prohibit:

      (a)  A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which the judge presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.

      (b)  A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he or she is on the premises of a public building.

      (c)  A permittee who is employed in the public building from carrying a concealed firearm while he or she is on the premises of the public building.

      (d)  A permittee from carrying a concealed firearm while he or she is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.

      5.   A person who violates subsection 2 or 3 is guilty of a misdemeanor.

      6.   As used in this section:

      (a)  “Child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.

      (b)  “Public building” means any building or office space occupied by:

             (1)  Any component of the Nevada System of Higher Education and used for any purpose related to the System; or

             (2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

 If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

 


 

NRS 202.3677  Application for renewal of permit; fees; demonstrated continued competence required.

      1.   If a permittee wishes to renew his or her permit, the permittee must:

      (a)  Complete and submit to the sheriff who issued the permit an application for renewal of the permit; and

      (b)  Undergo an investigation by the sheriff pursuant to NRS 202.366 to determine if the permittee is eligible for a permit.

      2.   An application for the renewal of a permit must:

      (a)  Be completed and signed under oath by the applicant;

      (b)  Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657;

      (c) Be accompanied by a nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and

      (d)  Be accompanied by a nonrefundable fee of $25.

If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.

      3.   No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with handguns by successfully completing a course prescribed by the sheriff renewing the permit.

 

NRS 202.3678  Application for certification as qualified retired law enforcement officer; law enforcement agency required to offer certain officers opportunity to obtain qualifications necessary for certification; fees.

      1.  A retired law enforcement officer who is a resident of this State may apply, on a form prescribed by regulation of the Department, to the sheriff of the county in which he or she resides for any certification required pursuant to 18 U.S.C. § 926C(d) to become a qualified retired law enforcement officer. Application forms for certification must be provided by the sheriff of each county upon request.

      2.   A law enforcement agency in this State shall offer a retired law enforcement officer who retired from the law enforcement agency the opportunity to obtain the firearms qualification that is necessary to obtain the certification from the sheriff pursuant to subsection 1 at least twice per year at the same facility at which the law enforcement agency provides firearms training for its active law enforcement officers. The law enforcement agency may impose a nonrefundable fee in the amount necessary to pay the expenses for providing the firearms qualification.

      3.  The sheriff shall provide the certification pursuant to subsection 1 to a retired law enforcement officer who submits a completed application and pays any fee required pursuant to this subsection if the sheriff determines that the officer meets the standards for training and qualifications. The sheriff may impose a nonrefundable fee in the amount necessary to pay the expenses in providing the certification.

      4.   As used in this section:

      (a)  “Law enforcement agency” has the meaning ascribed to it in NRS 239C.065.

      (b)  “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C.

 

NRS 202.3687  Temporary permits.

      1.   The provisions of NRS 202.3653 to 202.369, inclusive, do not prohibit a sheriff from issuing a temporary permit. A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.

      2.   Each sheriff who issues a permit pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, shall provide such information concerning the permit and the person to whom it is issued to the Central Repository for Nevada Records of Criminal History.

      (Added to NRS by 1995, 2726; A 1999, 2095; 2007, 3154)

 

 

 

NRS 202.3688  Circumstances in which holder of permit issued by another state may carry concealed firearm in this State; holder of permit issued by another state subject to same restrictions and requirements as holder of permit issued in this State.

      1.  Except as otherwise provided in subsection 2, a person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3653 to 202.369, inclusive.

      2.   A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may not carry a concealed firearm in this State if the person:

      (a)  Becomes a resident of this State; and

      (b)  Has not been issued a permit from the sheriff of the county in which he or she resides within 60 days after becoming a resident of this State.

      3.   A person who carries a concealed firearm pursuant to this section is subject to the same legal restrictions and requirements imposed upon a person who has been issued a permit by a sheriff in this State.

      (Added to NRS by 2007, 3150)

NRS 503.165  Carrying loaded rifle or shotgun in or on vehicle on or along public way unlawful; exceptions.

      1.   It is unlawful to carry 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.

      2.   A rifle or shotgun is loaded, for the purposes of this section, when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.

      3.   The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.

 

---------- End of required Federal State and Local laws. ---------

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