Handgun Possession and Carrying Charges in Las Vegas

Handgun Possession and Carrying Charges in Las Vegas

Las Vegas is known for its glitz, glamour, and 24/7 entertainment. But there are also strict laws around handgun possession and carrying that visitors and residents need to be aware of. This article provides an overview of handgun laws in Las Vegas and potential penalties for violations.

Who Can Legally Carry a Handgun in Las Vegas

Nevada is an open carry state, meaning it is legal to openly carry a handgun without a permit as long as you are legally allowed to possess firearms. However, if you want to conceal carry a handgun, you need a valid Nevada Concealed Carry Weapons (CCW) permit[1].

To get a CCW permit, you must:

• Be at least 21 years old
• Pass a background check
• Complete a firearms safety course
• Not have any disqualifying criminal convictions
• Not be addicted to controlled substances
• Not have been admitted to a mental health facility in the last 5 years[2]

Nevada recognizes concealed carry permits from other states too under reciprocity agreements[3].

Where You Can and Can’t Carry a Handgun in Las Vegas

Even with a valid CCW permit, there are many places in Las Vegas where you cannot carry a concealed handgun[4]:

• Government buildings and courthouses
• Airports and airport property
• Public and private schools, childcare facilities, colleges, and universities
• Public parks, playgrounds, community centers, athletic facilities, libraries, and zoos
• Public transportation such as buses, trains, cabs
• Privately owned businesses that prohibit firearms (casinos, hotels, restaurants, bars, retail stores, etc)

Carrying a concealed weapon into any prohibited location is a misdemeanor offense.

Penalties for Illegal Handgun Possession

If you are caught possessing a handgun without a valid permit or carrying it into a prohibited place, you could face the following penalties:

• Carrying a concealed weapon without a permit – This is a category C felony punishable by 1-5 years in prison and up to a $10,000 fine[5].
• Possession of a firearm by a prohibited person – It is illegal for felons, fugitives, drug addicts, domestic abusers, those under restraining orders, and certain people with mental illnesses to possess firearms. This is a category B felony punishable by 1-6 years in prison[6] .
• Possession of a firearm while intoxicated – Carrying a firearm with a blood alcohol concentration of .08% or higher is a misdemeanor punishable by up to 6 months in jail and/or up to a $1,000 fine.
• Possession of a firearm in a prohibited place – Carrying a concealed weapon into an airport, school, courthouse, etc is a misdemeanor punishable by up to 6 months in jail and/or up to a $1,000 fine[4].

In addition to fines and jail time, those convicted of firearm offenses may have their right to own or possess guns restricted in the future.

Defenses for Handgun Charges

If you have been arrested for illegal handgun possession or carrying in Las Vegas, don’t panic. There may be defenses that could get the charges against you reduced or dismissed. A knowledgeable criminal defense attorney can help evaluate the specifics of your case and build an effective defense strategy.

Some potential defenses include:

• You had a valid CCW permit but forgot to bring it with you
• The handgun was briefly exposed by accident (wardrobe malfunction)
• You did not know you were carrying the handgun into a prohibited place
• You did not knowingly possess the handgun (it was left in your bag/car by someone else)
• You have a legitimate right to possess firearms (the prohibition does not apply to you)
• The handgun is an antique or replica that does not meet the legal definition of a firearm

Conclusion

Las Vegas has relatively permissive open carry laws but strict requirements around concealed carrying of handguns. It is essential to get a valid CCW permit, know where you can and can’t carry, and avoid possessing firearms while intoxicated or in prohibited places. Violating Nevada’s handgun laws can result in felony charges and substantial fines and jail time. Consult with a criminal defense lawyer if you have been arrested so they can protect your rights. With an experienced attorney on your side, you may be able to get charges reduced or dismissed.