Press release
What Are the Penalties for Gun Crimes in Nevada?
Gun laws
Understanding Nevada Gun Laws
Nevada follows both state and federal laws regarding firearms. While the state has relatively permissive gun laws compared to others, certain restrictions still apply. These laws are outlined in Nevada Revised Statutes (NRS) Chapter 202, which covers firearm possession, use, and illegal activities.
The severity of penalties for gun crimes depends on factors such as:
The nature of the offense (possession, brandishing, firing, or using a gun in a crime)
The individual's criminal history
Whether the crime involved violence or resulted in injury
Below is an overview of common gun crimes in Nevada and their penalties.
Carrying a Concealed Weapon Without a Permit (NRS 202.350)
Nevada law allows individuals to openly carry firearms without a permit. However, carrying a concealed firearm without a valid Concealed Carry Weapon (CCW) permit is a crime.
Penalty: This offense is classified as a Category C felony, punishable by 1 to 5 years in prison and fines up to $10,000.
Possession of a Firearm by a Prohibited Person (NRS 202.360)
Certain individuals are prohibited from possessing firearms in Nevada, including:
Felons
People convicted of domestic violence
Individuals with restraining orders related to domestic violence
Fugitives
Drug users or those convicted of drug crimes
People adjudicated as mentally ill
A Las Vegas criminal lawyer can help those facing these charges understand their legal options and explore possible defenses.
Penalty: A prohibited person caught with a firearm faces a Category B felony, punishable by 1 to 6 years in prison and fines up to $5,000.
Possession of a Firearm While Under the Influence (NRS 202.257)
Nevada law makes it illegal to possess or carry a firearm while intoxicated by alcohol or drugs.
Penalty: This is a misdemeanor, carrying penalties of up to 6 months in jail, a fine of up to $1,000, and potential suspension of firearm rights.
Unlawful Discharge of a Firearm (NRS 202.280)
Firing a gun in an unsafe manner or in a populated area is a serious offense.
Penalty: This crime is typically charged as a Category B felony, punishable by 1 to 6 years in prison and fines up to $5,000.
If the gun was fired from a vehicle, the penalties increase to Category B felony with 2 to 15 years in prison and a fine of up to $5,000.
Brandishing a Firearm (NRS 202.320)
Pointing a firearm at someone in a threatening manner, even without firing, can lead to criminal charges.
Penalty: This is a gross misdemeanor, carrying up to 364 days in jail and a fine of up to $2,000.
Using a Firearm in the Commission of a Crime (NRS 193.165)
If a person uses a firearm while committing another crime, such as robbery or assault, sentence enhancements apply. This means additional time is added to the sentence for the underlying crime.
Penalty: A convicted person will receive an additional 1 to 20 years in prison on top of the sentence for the original offense. However, this enhancement cannot exceed the length of the sentence for the primary crime.
For example, if someone is convicted of armed robbery and sentenced to 6 years in prison, they could receive an additional 6 years for using a firearm, for a total of 12 years in prison.
Possession of a Stolen Firearm (NRS 205.275)
Knowingly possessing or selling a stolen firearm is illegal in Nevada.
Penalty: This is a Category B felony, punishable by 1 to 10 years in prison and fines of up to $10,000.
Selling or Providing a Gun to a Prohibited Person (NRS 202.362 & NRS 202.3657)
Selling or giving a firearm to someone who is legally prohibited from owning one is a serious offense.
Penalty: This crime is charged as a Category C felony, which carries a prison sentence of 1 to 5 years and fines up to $10,000.
Defenses Against Gun Crime Charges
Being charged with a gun-related offense does not always mean a conviction. A skilled Las Vegas criminal lawyer can examine the details of your case and determine possible defenses, such as:
Lack of Knowledge: If the defendant was unaware of the firearm's presence, this could be a defense.
Illegal Search and Seizure: If law enforcement obtained evidence unlawfully, the case could be dismissed.
Self-Defense: Nevada law allows the use of firearms in self-defense under the Castle Doctrine and Stand Your Ground laws.
Mistaken Identity: If no clear evidence links the defendant to the firearm, the charges may be challenged.
Contact a Las Vegas Criminal Lawyer
If you or a loved one is facing gun-related charges, it's crucial to have an experienced Las Vegas criminal lawyer on your side. Gun crimes in Nevada carry severe penalties, including lengthy prison sentences, heavy fines, and loss of firearm rights. Baker Law Group is dedicated to defending individuals accused of gun offenses and ensuring that their rights are protected.
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