States throughout the country have restrictions and regulations in place determining who can possess firearms, how they can be used, and where they can be discharged.
States, including Nevada, also have regulations on other weapons. Violating these laws could mean misdemeanor or felony charges. This could result in jail or prison time, expensive fines, and other sanctions. The best way to avoid harsh penalties is to avoid a conviction.
If you have been charged with a weapon or firearm offense, your future could be jeopardized. It is important to build a strong defense against the charges and do everything necessary to avoid a conviction. Call Las Vegas firearm attorney Jeffrey Jaeger at (702) 816-3888 today.
Jeffrey Jaeger , co-author of Westlaw’s Courtroom Handbook of Nevada Evidence, has extensive knowledge of evidence in criminal cases and the criminal procedure. He can help clients challenge the evidence against them and fight to have the charges reduced or dismissed. The Law Offices of Jeffrey Jaeger represents clients throughout Clark County, including those in Las Vegas, North Las Vegas, and Henderson.
In Nevada, any "explosive or incendiary device" could be considered a weapon. These devices are substances that have been constructed, altered, packaged, or arranged in such a manner that its ordinary use would cause destruction or injury to life or property, according to Nevada Revised Statute 202.253.
Firearms are weapons under state law. Firearms are defined as any device to be used as a weapon from which a projectile may be expelled through the barrel. This could be done either by force of an explosion or any other sort of combustion.
Some of the most common weapons used in offenses in Nevada include:
In some instances, a motor vehicle can be used as a weapon, according to Nevada Revised Statute 202.253. The term motor vehicle under state law includes any sort of self-propelled vehicle.
A person could be charged with a criminal offense if he or she carries certain weapons in a concealed manner. According to Nevada Revised Statute 202.350, a concealed weapon is one that is carried upon a person in a way as not to be discernible by ordinary observation.
Carrying a dirk, dagger, machete, or knife made from an integral part of a belt buckle in a concealed manner could be considered a gross misdemeanor for a first offense. This could be punishable by up to one year in jail, a fine up to $2,000, or both.
A second of subsequent offense could be much more severe. This could be a Category D felony, which could carry between one to four years in a Nevada state prison, a fine up to $5,000, or both.
If a person is accused of carrying an explosive device other than ammunition or any sort of pistol, revolver, or other firearm, he or she could face a Category C felony. This is punishable by between one to five years in state prison, a fine up to $10,000, or both.
A resident could receive a permit allowing the carrying of a weapon. However, the sheriff in the county may not issue a permit to carry a switchblade knife. According to Nevada Revised Statute 202.350, a switchblade knife means a spring-blade knife, snap-blade knife, or any other knife having the appearance of a pocket knife.
Certain people are prohibited from possessing a firearm under Nevada law. According to Nevada Revised Statute 202.360, a person who has been convicted of a felony offense in Nevada or any other state cannot possess a firearm. However, the person can possess a firearm if the person has received a pardon specifically stating he or she can possess a firearm.
Additionally, if a person is a fugitive from justice or is an unlawful user of one or more controlled substances, he or she could also be prohibited from possessing a firearm. Doing so could result in a Category B felony charge. This is punishable by between one to six years in prison, a fine up to $5,000 or both.
Under Nevada law, a person who has been adjudicated mentally ill or has been committed to a mental health facility, as well as a person illegally in the United States, cannot possess a firearm. A violation is a Category D felony, punishable by between one to four years in prison, a fine up to $5,000 or both.
Minors are also restricted in terms of firearm possession. Nevada Revised Statute 202.300 states a person under age 18 cannot handle or possess a firearm unless he or she is supervised by a parent or guardian. A violation could result in penalties for the child and the adult.
Any time a person uses or exhibits a firearm in a careless, reckless, or threatening manner in a public place, he or she could face a charge associated with improper exhibition of a firearm.
For instance, if a person carrying or procuring a firearm in the presence of two or more people exhibits it in a rude or angry manger, he or she could face misdemeanor charges for drawing a weapon in a deadly manner, according to Nevada Revised Statute 202.320. This is punishable by up to six months in jail, a fine up to $1,000, or both.
A person could face charges for discharging a firearm in a public street or place if he or she discharges or causes to be discharged any pistol or other firearm. This is a misdemeanor under Nevada Revised Statute 202.280. If the person is a peace officer, it is a gross misdemeanor. This could carry up to up to one year in jail, a fine up to $2,000, or both.
If a firearm is discharged at or into an abandoned house, room, apartment, shop, or other building, a person could be charged with a misdemeanor, according to Nevada Revised Statute 202.285. If the building is occupied, it is a Category B felony, punishable by one to six years in prison, a fine up to $5,000, or both.
Several other offenses could be classified as weapon or firearm offenses. Some other possible weapon and firearm charges include:
The penalties for these charges vary based on the offense, the alleged offender's criminal history, and the type of weapon or firearm involved in the offense. Crimes could be misdemeanors, gross misdemeanors, or different categories of felony charges.
Gun Ownership and the U.S. Second Amendment: This Library of Congress link outlines the U.S. Second Amendment and described gun ownership and it's interpretation in the United State Supreme Court.
Las Vegas Concealed Firearm Permit: The Las Vegas Metropolitan Police Department issues concealed firearms permits in accordance with NRS 202.3653 – 202.369. The permits are valid for fiveyears and can be renewed for additional 5 year periods.
Nevada Revised Statutes Regarding Guns and Weapons: Nevada law outlines several offenses relating to guns and other weapons. The laws can be found in chapter 202 of the Nevada revised Statutes.
A charge for a weapon or firearm offense can be intimidating, but you do not have to handle it alone. Las Vegas firearm attorney Jeffrey Jaeger can work with you to learn the facts of your case and help you build a strong defense against the charges. Your future is important, and knowledgeable legal counsel can help you protect it. Call (702) 816-3888 today.
Stay up-to-date on the latest legal news in the Silver State. Las Vegas attorney Jeffrey Jaeger discusses important developments in Nevada Appellate Courts.