Under NRS § 202.350, it is a category C felony to carry a concealed weapon without a valid CCW permit. A conviction is punishable by one to five years in state prison and up to $10,000. Simply forgetting to carry your CCW permit carries only a $25 civil fine.
Obtaining a CCW is relatively easy. Nevada is a “shall issue” state, which means your local sheriff’s office must grant you one if your application shows you are eligible. If you live outside of Nevada, you may use your home state’s CCW permit as long as there is reciprocity.
In this article, our Las Vegas criminal defense lawyers discuss:
- 1. Do I need a permit to carry concealed weapons in Nevada?
- 2. What is a concealed weapon?
- 3. Where can I carry concealed firearms?
- 4. What are the penalties for carrying a concealed weapon without a permit?
- 5. What if I left my CCW permit at home?
- 6. How do I fight charges of not having a CCW permit?
- 7. What if I have an out-of-state CCW permit?
- 8. Can I get my CCW conviction sealed?
- 9. Will my CCW conviction get me deported?
- 10. How do I get a CCW permit?
- 11. Related Offenses
- Additional Reading
1. Do I need a permit to carry concealed weapons in Nevada?
Yes. Nevada gun laws require you to have a valid CCW permit (and ID) to carry the following types of firearms concealed:
- Handguns such as pistols and revolvers (with a barrel of fewer than 12 inches long) and
- Pneumatic guns.1
Note that if you have a CCW permit, you do not need to submit to background checks to purchase firearms in Nevada.
Non-Firearms:
Nevada law requires a valid CCW permit in order to carry the following weapons concealed:
- Machetes,
- Explosive substances (other than ammunition), and
- Other unspecified “dangerous” or “deadly” weapons.2
If you are uncertain about whether you need a CCW permit in Nevada, contact an attorney before attempting to carry a concealed weapon. Sheriff offices review applications for non-firearms CCW permits on a case-by-case basis.
See our related article on Nevada switchblade laws.
2. What is a concealed weapon?
Weapons are considered “concealed” when they are not readily observable. For example, a weapon becomes concealed when you carry it:
- Under your jacket,
- In your backpack, or
- In your pocket.
Even when you openly carry a gun in a belt holster, Nevada law considers the gun concealed if your blazer or jacket shields the gun from plain view.3
3. Where can I carry concealed firearms?
If you have a valid CCW permit, you may carry concealed firearms on the premises of any public building except for the following locations:
- Airports,
- Public schools and private schools (without written permission),
- Child-care facilities (without written permission),
- Facilities belonging to the University of Nevada, the Community College System, any other vocational/technical school, and any other property belonging to the Nevada System of Higher Education (without written permission),
- courthouses and courtrooms (judges and some employees are exempt),
- Federal, state, and local government buildings (without written permission),
- Prisons, jails and detention facilities,
- Any buildings with metal detectors or signs prohibiting firearms at each public entrance, and
- Places where carrying concealed firearms is prohibited by federal or state law.4
Carrying a concealed firearm in a prohibited public building is a misdemeanor. It makes no difference whether you have a CCW permit. The punishment includes:
- Up to 6 months in jail and/or
- Up to $1,000 in fines.5
Also see our article about carrying concealed in casinos.
Gun-Free Locations
There are other locations in Nevada where carrying a firearm (concealed or not) is prohibited. Some examples of gun-free zones include:
- Legislative buildings;
- Post offices;
- Some military bases; and
- Hoover Dam.6
The penalties vary depending on the location and whether the controlling law is federal or state. Learn more about open carry laws.
4. What are the penalties for carrying a concealed weapon without a permit?
The penalties for carrying a concealed weapon without a valid CCW permit depend on the weapon:
Firearms and Explosives
Carrying a concealed firearm or explosive substance without having a valid CCW permit is a category C felony in Nevada. The punishment includes:
- 1 to 5 years in prison, and
- Up to $10,000 in fines.7
However, it may be possible to get the charge reduced to a lesser offense or a full dismissal.
Machetes
The penalties for carrying a concealed machete without a CCW permit turn on whether you have any prior convictions for carrying a concealed machete, as the following table shows.8
Carrying a Concealed Machete Without a CCW Permit | Penalties |
First offense | Gross misdemeanor: Up to 364 days in jail and/or $2,000. |
Subsequent offense | Category D felony: 1 to 4 years in prison and up to $5,000. |
5. What if I left my CCW permit at home?
If you simply forget to carry your CCW permit and ID while carrying a concealed weapon in Nevada, you should not face criminal charges as long as your permit is current and valid. Instead, you may just have to pay a $25 civil fine.9
6. How do I fight charges of not having a CCW permit?
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with gun crimes, including CCW violations. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries.
The Weapon Was Not Concealed
CCW permits are required only when a weapon is concealed. Perhaps the police incorrectly believed your weapon was concealed when in fact you were openly carrying it. Typical evidence we rely on in these cases includes:
- Surveillance video,
- Photographs, and/or
- Eyewitnesses.
As long as the D.A. cannot prove beyond a reasonable doubt that the gun or weapon was obscured from plain view, criminal charges should not stand.
You Left the Permit at Home
Nevada law criminalizes carrying a concealed weapon without having a current and valid CCW permit. It is not a crime simply to forget to bring the permit while carrying a concealed weapon.
Once we can produce proof that you had a current and valid permit and merely lost it or neglected to carry it on your person, the D.A. should drop the charges.
The Government Made a Clerical Error
Like all government bureaucracies, sheriff’s offices are not above making mistakes with data entry, filing, and record-keeping. If we can show that the sheriff’s office was mistaken about you not having a current and valid CCW permit, the D.A. should dismiss your NRS 202.350 case.
7. What if I have an out-of-state CCW permit?
Nevada recognizes some other states’ CCW permits, and the official list changes on a yearly basis. Currently, Nevada recognizes the CCW permits of the following states:
- Alaska
- Arizona
- Arkansas
- Florida
- Idaho Enhanced Permit
- Illinois
- Kansas
- Kentucky
- Louisiana
- Massachusetts
- Michigan
- Minnesota
- Mississippi (Enhanced permits only)
- Montana
- Nebraska
- New Mexico
- North Carolina
- North Dakota (Class 1 only)
- Ohio
- South Carolina
- South Dakota (Enhanced permits only)
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wisconsin
- Wyoming
If you move to Nevada with a reciprocal out-of-state CCW permit, that permit remains valid for only 60 days into your Nevada residency. So you should apply for a Nevada CCW permit from your new county of residence as soon as possible after moving.10
For more information on Nevada concealed carry reciprocity, call the Nevada Department of Public Safety at (775) 684-4808. Also see our article about open carry reciprocity.
8. Can I get my CCW conviction sealed?
Usually yes, though the waiting time depends on the specifics of the case, as this table spells out:
Nevada CCW Offense | Record Seal Waiting Period |
Carrying a concealed firearm without having a valid and current CCW permit (category C felony) | 5 years after the case ends. |
First offense of carrying a concealed machete without having a valid and current CCW permit (gross misdemeanor) | 2 years after the case ends. |
Second offense of carrying a concealed machete without having a valid and current CCW permit (category D felony) | 5 years after the case ends. |
Carrying a concealed weapon in a prohibited location (misdemeanor) | 1 year after the case ends.11 |
Dismissed charges (no conviction) | No waiting period.12 |
9. Will my CCW conviction get me deported?
Possibly. Any firearm-related conviction carries the risk of deportation for non-U.S. citizens.13
Any non-citizen who is charged with a crime in Nevada should seek legal counsel as soon as possible. The prosecutor may be willing to change the charge to a non-deportable offense or dismiss it completely.
10. How do I get a CCW permit?
You must apply for a CCW permit through the sheriff’s office in the Nevada county in which you live. Non-Nevada residents may apply for a CCW permit in any Nevada county.
As a shall-issue jurisdiction, Nevada must grant CCW permits as long as you meet all necessary criteria, which are:
- You are no younger than 21 years old;
- You may lawfully possess a firearm (for example, no past felony or battery domestic violence convictions);
- You have completed a pre-approved firearm safety course;
- You have no outstanding warrants;
- You passed a background check;
- You are not currently on probation or parole;
- You are not a substance abuse addict; and
- You have not suffered from mental health issues in the last five years.
You also have to get fingerprinted and photographed. Law enforcement takes up to six months to process the CCW application. CCW permits are valid for five years.
In Las Vegas, the fee for processing the CCW application is $96.25. For more information, see our article on how to get a CCW permit in Nevada.
11. Related Offenses
Being an Ex-Felon in Possession of a Firearm (NRS 202.360)
Nevada law prohibits convicted felons from having guns. Being an ex-felon in possession of a firearm is a category B felony, carrying:
- 1 to 6 years in prison and
- Up to $5,000 in fines.
Using a Firearm in Commission of a Crime (NRS 193.165)
If a Nevada court determines that a gun was used during the commission of a crime, the judge will enhance the sentence by one to 20 years. However, this enhanced sentence may not exceed the sentence for the underlying crime.
Therefore, if you receive 10 years in prison for armed robbery, the enhanced sentence can be no more than 10 additional years for a total sentence of 20 years.
Brandishing a Firearm (NRS 202.320)
Drawing a gun in a rude, threatening or angry manner is a misdemeanor in Nevada, carrying:
- Up to 6 months in jail and/or
- Up to $1,000 in fines.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Concealed carry bans and the American college campus: a law, social sciences, and policy perspective – Contemporary Justice Review.
- New evidence on the impact of concealed carry weapon laws on crime – International Review of Law and Economics.
- The Decision to Carry: The Effect of Crime on Concealed-Carry Applications – Journal of Human Resources.
- Concealed Carry through Common Use: Extending Heller’s Constitutional Construction – George Washington Law Review.
- Defiance, Concealed Carry, and Race – Law and Contemporary Problems.
See our related article, Carrying a concealed weapon in Las Vegas – 3 things to know.
Legal References:
- NRS 202.3667; NRS 202.253; NRS 202.350. (“Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions. 1. Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, a person within this State shall not…(d) Carry concealed upon his or her person any: (1) Explosive substance, other than ammunition or any components thereof; (2) Machete; or (3) Pistol, revolver or other firearm, other dangerous or deadly weapon or pneumatic gun.2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of: (a) Paragraph (a) or (c) or subparagraph (2) of paragraph (d) of subsection 1 is guilty: (1) For the first offense, of a gross misdemeanor. (2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130. (b) Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.3. Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm. 4. Except as otherwise provided in subsection 5, this section does not apply to: (a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers. (b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer. (c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada. (d) Members of the Armed Forces of the United States when on duty. 5. The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his or her former employer has approved his or her fitness to carry a concealed weapon. 6. The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission. 7. This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he or she is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.8. As used in this section: (a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation. (b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he or she was discharged for cause or resigned before the final disposition of allegations of serious misconduct. (c) “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger…(e) “Pneumatic gun” has the meaning ascribed to it in NRS 202.265. (f) “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926B(c). (g) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C(c). (h) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.”).
- Id.; Knight v. State, 116 Nev. 140, 993 P.2d 67 (2000) (“Further, we doubt that the legislature sought to bar the concealment of common household items when it enacted the statutory provisions prohibiting concealment of a dirk or dagger. Penal statutes should be strictly construed and any reasonable doubts resolved in favor of the accused…For these reasons, we conclude that the steak knife at issue here is not a dirk or dagger as a matter of law.”).
- Huebner v. State, 103 Nev. 29, 731 P.2d 1330 (1987) (” The weapon was certainly concealed from the arresting officer by its disguise as a pen, or it would have been confiscated at the time of the arrest. In addition, there is evidence that the place on Huebner’s belt where the weapon was clipped was concealed by a jacket worn by Huebner at the time of his arrest.”); Nevada Attorney General Opinion 93-14 (6-21-1993) (“The language of this section would be narrowly construed to include only those concealed weapons which are actually on the person or in a container carried by the person. “).
- NRS 202.3673.
- Id.
- 18 USC § 930; 54 USC § 104906; 49 CFR § 1540.111; 49 USC § 46505; 43 CFR § 423.30.
- NRS 202.350.
- Id.
- NRS 202.3667.
- NRS 202.3667.
- NRS 202.3688.
- NRS 179.245.
- NRS 179.255.
- 8 USC § 1227.
- NRS 202.3657.
- NRS 202.360.
- NRS 193.165.
- NRS 202.320.