I have been a lawyer for over 30 years right here in Nevada. My team and I have won awards, but the most important thing we do is help good people who find themselves in bad situations. We represent clients in Las Vegas, Henderson, and North Las Vegas.
Guns are a big part of our culture in Nevada. We love our Second Amendment rights. But the laws here can be tricky. One wrong turn on the Strip with a pistol in your glove box, or one heated argument where you show your weapon, can land you in handcuffs.
If you are reading this, maybe you or a loved one just got arrested. You are scared. You are wondering, “Is this a felony?” “Will I go to prison?”
I wrote this guide to help you. I want to cut through the legal talk and speak to you like a neighbor. I want you to know exactly what the laws are in Clark County and how our firm can help you protect your freedom.
Key Takeaways
- The “Enhancement” Trap: Nevada has a law (NRS 193.165) that can double your prison sentence just for having a gun during a crime.
- Prohibited Persons: If you are a felon or have a domestic violence conviction, simply touching a gun is a serious Category B Felony.
- Concealed Carry is Strict: You need a permit (CCW) to carry a hidden gun. “Constitutional Carry” does not exist in Nevada like it does in Arizona.
- Brandishing vs. Assault: Waving a gun around is a misdemeanor, but pointing it at someone is a felony. The difference is huge.
- We Can Help: We have over 30 years of experience fighting these charges. We know how to challenge the search and the evidence.
Can I Carry a Concealed Weapon in Las Vegas Without a Permit?
This is the number one mistake I see people make. They drive in from Arizona or Utah, where the laws are different. They think, “I can carry my gun in my car.” In Nevada, you cannot hide a gun on your body or in your car without a permit.
If the gun is hidden from view (like under a jacket or in a glove box) and you do not have a valid CCW (Concealed Carry Weapon) permit, you are breaking the law (NRS 202.350).
- First Offense: It is a Category C Felony.
- Penalty: 1 to 5 years in prison and a fine of up to $10,000.
A Stat Few People Talk About: You might think police only catch “criminals” with hidden guns. But data shows that a huge number of these arrests are regular traffic stops. You get pulled over for speeding. You nervously tell the officer, “I have a gun in the console.” If you don’t have a permit, you just confessed to a felony.
The “Open Carry” Exception: Nevada is an “Open Carry” state. This means you can walk down the street with a gun on your hip if it is fully visible. But the moment your jacket covers it, it becomes a concealed weapon crime.
What Happens if I Am Caught with a Gun as a Felon?
This is a very serious charge. We call it “Ex-Felon in Possession” (NRS 202.360). If you have been convicted of a felony in any state, or if you are a fugitive, or an unlawful user of drugs, you cannot own or possess a gun in Nevada.
The Penalty: This is a Category B Felony.
- Prison: 1 to 6 years.
- Probation: Often not allowed.
Constructive Possession: Here is the scary part. You don’t even have to be holding the gun. If you are a felon and you are riding in a car where a gun is under the seat, the police can say you had “constructive possession.” They can say you had access to it. We fight these cases by proving you didn’t know the gun was there or that you had no control over it.
Internal Link: Learn more about our Criminal Defense services
Is Brandishing a Weapon a Felony in Nevada?
There is a big difference between “showing” a gun and “assaulting” someone with it.
Brandishing (NRS 202.320): This means drawing or showing a deadly weapon in a rude, angry, or threatening manner in front of two or more people.
- Penalty: This is a Misdemeanor. You face up to 6 months in jail.
Assault with a Deadly Weapon (NRS 200.471): This is when you put someone in fear of immediate harm with a weapon. For example, pointing a gun at someone.
- Penalty: This is a Category B Felony. You face 1 to 6 years in prison.
The Strategy: Police often overcharge. If you just pulled your shirt up to show the handle of a gun during an argument, they might charge you with Felony Assault.Our lawyers fight to get that reduced to Misdemeanor Brandishing. That saves you from prison and saves your rights.
What Is the “Deadly Weapon Enhancement” (NRS 193.165)?
This is the scariest law in Nevada. If you commit a crime (like Robbery or Burglary) and you use a gun to do it, the judge adds an extra sentence on top of your first sentence.
How it works:
- Crime: Robbery (Sentence: 2 to 15 years).
- Enhancement: Using a Gun (Sentence: 1 to 20 years).
- Total: You serve the first sentence, then you start the second sentence. They run “consecutively.”
A Stat You Should Know: According to recent legal data, prosecutors use this enhancement in almost every eligible case to force plea deals. They say, “Plead guilty to the robbery, or we will add the gun enhancement and put you away for 20 years.” You need a lawyer who isn’t scared of these threats. We know how to negotiate.
Can I Claim Self-Defense if I Shoot Someone in Las Vegas?
Yes. Nevada is a “Stand Your Ground” state. You have no duty to retreat if:
- You are not the one who started the fight.
- You have a right to be there.
- You are not committing a crime at the time.
However, the force must be reasonable. You cannot shoot someone because they shoved you. You can only use deadly force if you reasonably believe you face death or great bodily harm.
The “Castle Doctrine”: If someone breaks into your home or your occupied vehicle, the law assumes you are in deadly danger. You have broad rights to protect your home.
We also handle Family Law, so we often see self-defense claims come up in domestic disputes. We know how to show the judge that you were protecting your family, not acting as a criminal.
Internal Link: Check out our Family Law expertise
What Are the Penalties for Discharging a Firearm in Public?
We see this a lot on New Year’s Eve or the 4th of July. People shoot guns into the air to celebrate. This is illegal under NRS 202.280.
- Misdemeanor: If you shoot in a public place but don’t hurt anyone.
- Felony (Category B): If you shoot from a vehicle or structure (like a drive-by) in a populated area. This carries 2 to 15 years in prison.
The police take this very seriously because bullets that go up must come down.
How Does a Domestic Violence Charge Affect My Gun Rights?
This is a federal law called the Lautenberg Amendment. If you are convicted of any misdemeanor domestic violence charge, you are banned from owning or possessing a gun for life.
- No hunting.
- No range shooting.
- No job in security.
This is why you must fight every domestic violence charge. Do not just pay the fine and think it’s over. We fight to get these charges dismissed or reduced to “Simple Battery” so you can keep your Second Amendment rights.
Why Should I Hire The Law Offices of Michael I. Gowdey, Ltd.?
You have choices. Why pick us?
- 30+ Years Experience: We have seen every trick the prosecutors use. We know the judges in Henderson and Las Vegas.
- Highly Rated: We treat our clients like family. We answer your calls.
- Holistic Defense: Because we do Family Law and Criminal Law, we understand how a gun charge affects your whole life—your custody of your kids, your job, and your freedom.
We are not afraid to go to trial. We are authoritative in the courtroom because we prepare better than the other side.
Internal Link: Contact us for a consultation today
10 Common Questions Asked to Lawyers in Las Vegas About Gun Crimes
- Is Nevada an “Open Carry” state? Yes. You can carry a handgun openly on your person without a permit. However, you cannot do this in certain places like schools, post offices, or federal buildings.
- Can I bring my gun into a casino? Casinos are private property. They can ask you to leave if you have a gun. If you refuse to leave, you can be arrested for Trespassing. It is not a specific “gun crime,” but it will get you arrested.
- Does Nevada recognize my CCW permit from another state? Nevada honors permits from some states (like Arizona and Utah), but not all (like California). You must check the current reciprocity list from the Nevada Sheriff’s & Chiefs’ Association.
- What if I forgot the gun was in my bag at the airport (Harry Reid International)? This happens daily. You will be arrested for Carrying a Concealed Weapon. However, since it is usually an accident, we can often negotiate a deal to keep a felony off your record.
- Can I own a gun if I use marijuana? No. Under federal law, marijuana users are “prohibited persons.” Even though weed is legal in Nevada, buying a gun requires filling out a federal form (4473). Lying on that form is a federal crime.
- Can I get my gun rights back after a felony conviction? It is difficult. In Nevada, you usually need a Pardon from the State Board of Pardons Commissioners. Simply sealing your record does not always restore gun rights.
- What is a “Ghost Gun”? These are guns made from kits without serial numbers. Nevada recently passed laws banning the possession and sale of unfinished frames/receivers (Polymer80s) without serial numbers.
- Can I shoot a warning shot? This is a bad idea. It can be charged as “Illegal Discharge of a Firearm.” It also suggests you didn’t feel you needed to use deadly force immediately, which can hurt your self-defense claim.
- Do I have to tell the police I have a gun in my car? Nevada law does not explicitly require you to inform the officer immediately upon a stop. However, it is usually safer to keep your hands on the wheel and politely inform them if they ask or if you are reaching near it.
- How much does a lawyer cost for a gun charge? It depends on the case. But compare the cost of a lawyer to the cost of 6 years in prison and a lifetime felony record. We offer clear pricing and fight for the best value for your future.
We Are Here to Fight for Your Rights
If you have been accused of a gun crime in Las Vegas, Henderson, or North Las Vegas, do not wait. The clock is ticking.
Contact The Law Offices of Michael I. Gowdey, Ltd. today. We have the experience you need and the reputation you can trust.
Visit us at https://gowdeylaw.com/
Sources:
- Nevada Revised Statutes (NRS) 202.350 – Concealed Weapons.
- Nevada Revised Statutes (NRS) 193.165 – Deadly Weapon Enhancement.
- Nevada Revised Statutes (NRS) 200.120 – Justifiable Homicide.
- Everytown for Gun Safety (Homicide Trend Data 2024).
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship. Past results do not guarantee future outcomes.