On a statewide level, Nevada has relatively permissive knife and weapons laws. All knives are legal, and you can carry knives almost anywhere except for schools, childcare facilities, and public universities.
That said, some local governments impose stricter rules. In Clark County, for example, you need the sheriff’s permission to carry a concealed a blade that is three inches or longer.
Penalties
The punishment for violating Nevada knife laws depends on the specific charge:
Nevada knife offense | Penalties for a first offense |
Carrying a concealed knife with a 3-plus inch blade in Clark County without a sheriff’s written permission | Misdemeanor
|
Possessing a knife at school | Gross misdemeanor
|
Brandishing a knife | Misdemeanor
|
We may be able to persuade the D.A. to dismiss the charge or plea bargain it down.
Defenses
Depending on the specific charges, we have been able to get cases dropped by arguing:
- The weapon was not concealed,
- The blade length was less than 3 inches,
- The weapon was not prohibited on school property, or
- You brandished the weapon but did so in accordance with Nevada self-defense laws.
As long as the prosecutor has insufficient evidence to prove guilt beyond a reasonable doubt, the criminal charges should be dropped.
In this article, our Las Vegas criminal defense attorneys will discuss:
- 1. CCW Permits for Knives
- 2. Open Carry
- 3. Knife-free Locations
- 4. Brandishing
- 5. Illegal Knives
- 6. Penalties
- 7. Defenses
- 8. Record Seals
- 9. Immigration Consequences
- 10. Related Crimes
- Additional Reading
1. CCW Permits for Knives
Nevada law requires you to have a CCW permit in order to carry concealed machetes or other dangerous or deadly weapons.1
NRS 202.350 does not define which types of knives other than machetes qualify as “dangerous or deadly.”2 However, NRS 202.265 and NRS 202.320 indicate that dangerous and deadly weapons may include:
- dirks,
- dirk-knives,
- swords,
- sword canes,
- daggers, and
- switchblades
Contact your local sheriff to see if you need a CCW permit to conceal carry your particular knife.
A knife is considered concealed if it is carried in a way meant to go unnoticed. The most common examples we see include carrying a knife:
- in a pocket (pocket knife),
- in a bag, or
- on a belt buckle under a jacket3
For more information see our article on carrying concealed knives.
CCW in Clark County
Note that Clark County law requires you to have a CCW permit in order to carry concealed any type of knife with a blade of three (3) inches or longer.4 For more information, contact the Las Vegas Metropolitan Police Department at 702-828-3111.
Note that Nevada does not have statewide preemption for knife laws. Local governments can make their own, harsher laws.
How do I get a CCW permit for knives?
You should contact your local sheriff’s office for instructions and reciprocity rules. The vast majority of CCW permits are for carrying concealed firearms, and gun permits have different requirements than those for carrying concealed knives.
If you wish to carry any concealed knife, you are encouraged to contact the local sheriff’s office for guidance.
Here is a list of links to Nevada sheriff’s offices.
2. Open Carry
All knives are legal to open carry in public in Nevada, including stilettos and balisong knives. However, carrying dirks, daggers, or switchblades at schools, public universities, or childcare facilities is unlawful. 5
Moreover, certain cities may restrict what kind of knives you can carry and where, so check your local laws.
See our related articles, Can you open carry a knife in Las Vegas? and Can I open carry a knife in Nevada?
3. Knife-free Locations
Nevada law prohibits the open or concealed possession of dirks, daggers, or switchblades in the following children-populated locations:
- Private or public schools (or vehicles belonging to them)
- Public universities such as UNLV
- Licensed childcare facilities (or vehicles belonging to them)
Exceptions to this rule include
- security guards,
- law enforcement officers,
- peace officers, and
- other people given written permission to carry the weapon on the premises.
If you run childcare facilities in your own home, you may have your knives on the premises; however, you should be careful to keep the children away from them or else you could face charges of reckless endangerment (NRS 202.595) or worse. We have seen many cases where children got their hands on weapons when their caregivers looked away for just a few minutes. 6
For more information see our article on possessing weapons at schools or childcare facilities (NRS 202.265).
4. Brandishing
It is illegal in Nevada to draw or brandish deadly knives in a rude, angry, or threatening manner in the presence of two (2) or more people. NRS 202.320 specifies “deadly” weapons to include:
- dirks,
- dirk-knives,
- swords, and
- sword canes
Note that brandishing a knife is an entirely different offense from assault with a deadly weapon (NRS 200.471(2)(b) (ADW). ADW is putting another person in anticipation of immediate bodily harm with a knife or other deadly weapon.
Furthermore, ADW can be committed with only one person present, whereas brandishing a knife requires at least two people present. ADW carries much harsher penalties than drawing a knife threateningly.7
For more information see our article on drawing a knife in a threatening way (NRS 202.320).
5. Illegal Knives
No knives are illegal to possess in Nevada. State law used to have restrictions on switchblades, but that statute was recently repealed. For more information, see our article on switchblade knife laws. Other names for this include
- automatic knives,
- spring-blade knife, and
- snap-blade knife.
Examples of legal knives include:
- balisongs
- bowie knives (a type of fixed blade)
- stilettos
Trefoils
Note that Nevada law does prohibit you from possessing trefoils in the following circumstances:
- on school or child care property (or vehicles belonging to them),
- at public universities, or
- with the intent to inflict harm upon another person
Trefoils are not really considered knives, but they do have at least three sharp edges. Like knives, trefoils may be thrown. Trefoils also go by the names
- throwing stars or
- ninja stars.8
6. Penalties
The punishment for wrongfully carrying or brandishing a knife depends on the specific offense:
Carrying a Concealed Knife without a CCW Permit
A first offense is a gross misdemeanor:
- Up to 364 days in jail, and/or
- Up to $2,000 in fines
A subsequent offense is a category D felony
- 1 – 4 years in Nevada State Prison, and
- up to $5,000 in fines (at the judge’s discretion)9
Carrying a Concealed Knife in Clark County
Misdemeanor:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines10
Possessing or Using a Trefoil with Intent to Cause Harm
A first offense is a gross misdemeanor:
- Up to 364 days in jail, and/or
- Up to $2,000 in fines
A subsequent offense is a category D felony
- 1 – 4 years in prison, and
- up to $5,000 in fines (at the judge’s discretion)11
Possessing a Knife at School
Gross misdemeanor:
- Up to 364 days in jail, and/or
- Up to $2,000 in fines12
Brandishing
Misdemeanor:
- Up to 6 months in jail, and/or
- Up to $1,000 in fines13
In practice, we find that prosecutors are often willing to dismiss or reduce the charges to lesser offenses. Plus, as long as no one was hurt, judges are usually open to granting probation in lieu of incarceration.
7. Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with weapons offenses, including knife crimes. In our experience, the following four defenses have proven very effective with prosecutors and judges at getting certain charges reduced or dismissed.
- The weapon was not concealed (in NRS 202.350 cases),
- The blade was less than three inches long (in Clark County CCW cases),
- The weapon was not illegal at schools (in NRS 202.265 cases), and/or
- You acted in self-defense (in NRS 202.320 cases)
The Weapon Was Not Concealed
Nevada law requires CCW permits for dangerous knives only when you are wearing them in a concealed manner.14 Maybe the police incorrectly believed the knife was hidden when in fact you were openly carrying it.
In these types of cases, common evidence we rely on that may show your knife was visible includes:
- surveillance video,
- photographs, and/or
- eyewitnesses.
As long as the prosecutor cannot prove beyond a reasonable doubt that the knife was concealed from plain view, criminal charges for carrying a concealed knife should not stand.
The Blade Was Less Than Three Inches Long
Clark County law prohibits concealed carry of knives that are three (3) inches in length or longer.15 If we can show that the police were mistaken about the blade being too long, then the charge should be dropped. An accurate ruler that measures down to the micrometer would be helpful evidence.
The Weapon Was Not Illegal at Schools
Nevada law specifically prohibits only dirks, daggers, or switchblades from
- schools,
- public universities, or
- childcare properties.16
Here, we would try to show that the knife in question does not fall under the definition of dirk, dagger, or switchblade. Testimony from a weapons expert would be helpful evidence.
You Brandished in Self-defense
Nevada law permits you to brandish knives in a rude, angry or threatening manner as long as it is done in self-defense.17
Example: Bill and Fred get into an argument in Fred’s living room during a party. Bill starts punching Fred. Fred retaliates by pulling off the sword he keeps on his mantle and waving it at Bill. Even though Fred clearly drew the sword in a threatening manner in front of two or more people, Fred should not face NRS 202.320 charges because he was acting in self-defense.
Had Bill in the above example not punched Fred but merely yelled at him, Fred would probably not be justified in waving the sword at Bill. Self-defense is a valid defense only when you did not make the first move, and you use proportional force.18
8. Record Seals
The waiting period to apply for a seal depends on the specific offense:
Nevada knife offense | Waiting period to get a record seal |
First conviction of carrying a concealed knife without a CCW permit outside of Clark County (gross misdemeanor) | 2 years after the case ends |
Carrying a concealed knife with a three-inch or longer blade in Clark County without a sheriff’s written permission (misdemeanor) | 1 year after the case ends |
Subsequent conviction of carrying a concealed knife without a CCW permit outside of Clark County (category D felony) | 5 years after the case ends |
First conviction of possessing or using a trefoil with intent to harm (gross misdemeanor) | 2 years after the case ends |
Subsequent conviction of possessing or using a trefoil with intent to harm (category D felony) | 5 years after the case ends |
Carrying a knife at school (gross misdemeanor) | 2 years after the case ends |
Brandishing a knife (misdemeanor) | 1 year after the case ends19 |
Dismissed charges (no conviction) | No waiting period20 |
Learn more about how to seal criminal records in Nevada.
9. Immigration Consequences
From what we have seen, illegally carrying or brandishing a knife is usually not deportable. However, it is never a sure thing how immigration judges will rule.
Any non-citizens charged with criminal offenses should hire an attorney as quickly as possible. Perhaps the D.A. will be willing to dismiss the charges or at least change them to offenses that are unquestionably non-deportable.
10. Related Crimes
Using a Deadly Weapon in the Commission of a Crime
When you use or possess a deadly weapon while executing a crime, the judge will increase the sentence by one to twenty (1 – 20) years. However, this added sentence may not be longer than the underlying sentence.
So for example, if you are sentenced to 8 years behind bars for armed robbery (NRS 200.380), the extra sentence can be no longer than 8 years for a total sentence of 16 years.21
Nevada Battery Laws (NRS 200.481)
Battery (NRS 200.481) is an unlawful use of physical force on another person. Common examples include
- stabbing,
- hitting,
- kicking,
- slapping,
- spitting on, and
- poisoning.
Battery can be a felony or a misdemeanor depending on whether the situation involved
- weapons,
- strangulation, or
- substantial bodily harm.22
Nevada Assault Laws (NRS 200.471)
Assault (NRS 200.471) is like an attempted battery. Assault is putting someone else in the apprehension of being immediately physically harmed. A common example is holding a knife in front of someone’s neck as if the person is about to be struck.
Assault can be a felony or a misdemeanor depending on
- whether weapons are involved and
- whether the victim is a police officer (or other “protected class”).23
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Criminal Use of Switchblades: Will the Recent Trend towards Legalization Lead to Bloodshed? – Connecticut Public Interest Law Journal.
- Eradicating ‘This Dreadful Knife Problem’: Legislative and Judicial Initiatives against Knife Possession – Youth Justice.
- Man finds 2nd Amendment protects his use of banned switchblade – Wisconsin Law Journal.
- Knives and the Second Amendment – University of Michigan Journal of Law Reform.
- The Knife Crime Problem: Further Developments – Youth Justice.
Also, see our related articles, Are butterfly knives legal in the state of Nevada? and Carrying a concealed weapon in Las Vegas – 3 things to know.
Legal References:
- NRS 202.350.
- Knight v. State, 116 Nev. 140, 993 P.2d 67 (2000) (“[T]he determination of whether a common steak knife is a dangerous or deadly weapon is a question of fact for the jury…”); Buff v. State, 114 Nev. 1237, 970 P.2d 564 (1998) (“[T]he district court could not determine as a matter of law that the Swiss army knife used by appellants was a deadly weapon…”).
- See, for example, Huebner v. State, 731 P.2d 1330, 103 Nev. 29 (1987) (The Nevada Supreme Court found that the defendant’s jacket concealed his knife.).
- Clark County Code 12.04.180.
- NRS 202.265.
- NRS 202.265.
- NRS 202.320. NRS 200.471(2)(b).
- NRS 202.265; NRS 202.350(i).
- NRS 202.350.
- Clark County Code 12.04.180.
- NRS 202.350.
- NRS 202.265.
- NRS 202.320.
- NRS 202.350.
- Clark County Code 12.04.180.
- NRS 202.265.
- NRS 202.320.
- See NRS 200.200.
- NRS 179.245.
- NRS 179.255.
- NRS 193.165.
- NRS 200.481.
- NRS 200.471.