Nevada

Nevada Permit Eligibility

The sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who is:

1. Twenty-one years of age or older; or
2. At least 18 years of age but less than 21 years of age if the person:
   1. Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or
      Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions;
3. Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
4. Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:
   1. Successfully completed a course in firearm safety approved by a sheriff in this State; or
   2. Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

Such a course must include instruction in the use of handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs' and Chiefs' Association or, if the Nevada Sheriffs' and Chiefs' Association ceases to exist, its legal successor.

Nev. Rev. Stat. § 202.3657 (3)

NV Permit Training Requirements

To Qualify For The Nevada Permit You Must Take A Course That Satisfies The Following Requirements:

1. The course must be a minimum length of 8 hours. This can be one 8-hour course or two 4-hour courses that are no longer than 15 days apart.
2. Training must include instruction in the use of handgun and in the laws of this State relating to the use of firearms and concealed carry of firearms, liability, and gun safety.
3. Completion of a written examination to demonstrate basic knowledge of the required subjects. The test requires a minimum of 70% to pass, and will be indicated on the certificate as “Pass/Fail” only.
4. Shooting Qualification: A total of 30 rounds for 6 shot or larger capacity and 25 rounds for 5 shot capacity must be fired. Firearms with less than a 5 shot capacity will have to be reloaded at each stage to comply with the 5 shot capacity standards. A minimum score of 70% is required to pass, and shall be indicated on the certificate as “Pass/Fail” only.

Nevada Permit Application Process

Nevada residents must apply for a CCW permit through their nearest sheriff’s office. Law enforcement have up to 120 days to process the application, and the permit remains valid for 5 years.

Applying for a CCW permit costs approximately $100 and the renewal is approximately $60.

Each county will have slightly different procedures, but generally speaking you will need to bring the following with you:

1. Your completed (unsigned) application;
2. Your training certification (signed by the instructor);
3. Debit/credit cards, cash, money order or cashier’s check for the appropriate fee;
4. Proof of residency (valid driver’s license); and

If not born in the United States (whether or not a U.S. citizen at the time), proof of citizenship in the form of a:

1. naturalization certificate,
2. valid U.S. passport,
3. U.S. birth certificate, or
4. resident alien card

Nevada is not a permitless-carry state.

Nevada Preemption Law

Nevada has a preemption law, which means only the state may make or change gun laws.

The law:

The Legislature hereby declares that:

1. The purpose of this section is to establish state control over the regulation of and policies concerning firearms, firearm accessories and ammunition to ensure that such regulation and policies are uniform throughout this State and to ensure the protection of the right to keep and bear arms, which is recognized by the United States Constitution and the Nevada Constitution.
2. The regulation of the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in this State and the ability to define such terms is within the exclusive domain of the
3. Legislature, and any other law, regulation, rule or ordinance to the contrary is null and void.
   This section must be liberally construed to effectuate its purpose.

Nev. Rev. Stat. § 244.364 (1)

NV Private-Party Firearm Transfers

1. Except as otherwise provided in NRS 202.2548, an unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section.
2. The seller or transferor and buyer or transferee shall appear jointly with the firearm and request that a licensed dealer conduct a background check on the buyer or transferee.
3. A licensed dealer who agrees to conduct a background check pursuant to this section shall comply with all requirements of federal and state law as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee, including, but not limited to, all recordkeeping requirements. For the purpose of determining whether the buyer or transferee is eligible to purchase and possess firearms under state and federal law, the licensed dealer shall contact the same agency as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee.
4. Upon receiving a request for a background check from a licensed dealer pursuant to this section, the Central Repository or any other state or local agency described in subsection 3 shall, in the same manner as it would for the sale of a firearm from the licensed dealer's inventory, perform a background check on the buyer or transferee and notify the licensed dealer of the results of the background check.
5. The seller or transferor may remove the firearm from the business premises while the background check is being conducted if, before the seller or transferor sells or transfers the firearm to the buyer or transferee, the seller or transferor and the buyer or transferee return to the licensed dealer who takes possession of the firearm to complete the sale or transfer.
6. A licensed dealer who agrees to conduct a background check pursuant to this section shall inform the seller or transferor and the buyer or transferee of the response from the agency described in subsection 3. If the response indicates that the buyer or transferee is ineligible to purchase or possess the firearm, the licensed dealer shall return the firearm to the seller or transferor and the seller or transferor shall not sell or transfer the firearm to the buyer or transferee.
   A licensed dealer may charge a reasonable fee for conducting a background check and facilitating a firearm transfer between unlicensed persons pursuant to this section.

Nev. Rev. Stat. § 202.2547

Nevada has no laws restricting the ammunition capacity of magazines.

Places Where Firearms Are Prohibited Under Nevada Law:

1. Any facility of a law enforcement agency. NAC 202.020(1)(A)
2. A prison, city or county jail, or detention facility. NAC 202.020(1)(A)
3. Exhibiting or using any firearm or other weapon in a roadside park or safety rest area. NAC 408.615(2).
4. A courthouse or courtroom. NAC 202.020(1)(A)
5. A public airport and/or a public building that is located on the property of a public airport. NRS 202.3673
6. A public building that has a metal detector at each public entrance. NRS 202.3673
7. Posted Public Buildings. NRS 202.3673
8. Any facility of a public or private school without written permission. NRS 202.3673
9. Any facility of a vocational/technical school, or the University of Nevada, or Community College System without written permission. NRS 202.3673

Nevada Public Buildings Defined

"Public building" means any building or office space occupied by:
Any component of the Nevada System of Higher Education and used for any purpose related to the System; or
The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

Nev. Rev. Stat. § 202.3673 (6) (b)

Nevada Open Carry

There are no laws in Nevada prohibiting the open carry of firearms, and thus open carry without a permit is legal in Nevada.

If you are open carrying without a license, ensure that your handgun is clearly visible and not covered by clothing or other methods of concealment. A handgun inside a duffle bag or briefcase carried is considered concealed under Attorney General’s Opinion, No. 93-14.

In Nevada, no-weapons signs do not have the force of law.

It is unlawful for a person who:

1. Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or
2. Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,

to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person's personal residence and had the firearm in his or her possession solely for self-defense.

Nev. Rev. Stat. § 202.257

Nevada Vehicle Carry Law

It is unlawful to carry a loaded rifle or loaded shotgun in or on any vehicle which is standing on or along, or is being driven on or along, any public highway or any other way open to the public.

For the purposes of this section:

1. A rifle or shotgun is loaded when there is an unexpended cartridge or shell in the firing chamber, but not when the only cartridges or shells are in the magazine.
2. A muzzle-loading rifle or muzzle-loading musket is not loaded if the priming compound or element, including, without limitation, the priming powder or the unfired primer or percussion cap, is removed from the muzzle-loading rifle or muzzle-loading musket.

The provisions of this section do not apply to paraplegics, persons with one or both legs amputated or who have suffered a paralysis of one or both legs which severely impedes walking, or peace officers and members of the Armed Forces of this State or the United States while on duty or going to or returning from duty.

Loaded handguns may be carried in a vehicle in Nevada with, or without, a CCW

Nev. Rev. Stat. Ann. § 503.165

THIS IS UNCLEAR TO ME. ATTORNEY PLEASE REVIEW AND UPDATE

Nevada is a quasi duty-to-inform state, which means that you are not affirmatively required to tell a police officer that you have a firearm in your possession, but you are required to provide your permit and identification when requested by an officer.

The law:

1. Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.
2. A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

Nev. Rev. Stat. § 202.3667

YES NEVADA HAS RED FLAG LAWS. NEED TO RESEARCH FOR STATUTE OR DEFER TO ATTORNEY FOR UPDATE.

Nevada Self-Defense Law

If a person kills another in self-defense, it must appear that:

1. The danger was so urgent and pressing that, in order to save the person's own life, or to prevent the person from receiving great bodily harm, the killing of the other was absolutely necessary; and
2. The person killed was the assailant, or that the slayer had really, and in good faith, endeavored to decline any further struggle before the mortal blow was given.

Nev. Rev. Stat. § 200.200

Nevada Justifiable Homicide Defined

Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of an occupied habitation, an occupied motor vehicle or a person, against one who manifestly intends or endeavors to commit a crime of violence, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the occupied habitation or occupied motor vehicle, of another for the purpose of assaulting or offering personal violence to any person dwelling or being therein.

Nev. Rev. Stat. § 200.120 (1)

Additional Justifiable Homicide

Homicide is also justifiable when committed:

1. In the lawful defense of the slayer, or his or her spouse, parent, child, brother or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
2. In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is.

Nev. Rev. Stat. § 200.160

Bare Fear Not Sufficient

A bare fear of any of the offenses mentioned in NRS 200.120, to prevent which the homicide is alleged to have been committed, is not sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge.

"An assault with the fists does not justify the person being assaulted in using a deadly weapon in self-defense unless that person reasonably believes that the assault is likely to inflict great bodily injury upon him or her." (Nevada Jury Instructions)

Nev. Rev. Stat. § 200.130 (1)

Nevada Defense of Third Persons

Any other person, in aid or defense of a person about to be injured, may make resistance sufficient to prevent the offense.

Nev. Rev. Stat. § 193.250

Nevada “Castle Doctrine”

There is a rebuttable presumption that the circumstances were sufficient to excite the fears of a reasonable person and that the person killing really acted under the influence of those fears and not in a spirit of revenge if the person killing:

1. Knew or reasonably believed that the person who was killed was entering unlawfully and with force, or attempting to enter unlawfully and with force, the occupied habitation or occupied motor vehicle, of another;
2. Knew or reasonably believed that the person who was killed was committing or attempting to commit a crime of violence; and
3. Did not provoke the person who was killed.

Nev. Rev. Stat. § 200.130 (2)

Defense of Property

Property = Anything that you own, anything but human beings. Property is anything in your tool shed, your dog, your horse, your car, etc.

If someone is stealing your property you should ONLY USE LESS THAN DEADLY FORCE to stop them. If you confront them, and they do something to make you believe they are going to kill or seriously injure you, then you fall back to the three outside the house rules (imminent threat, serious bodily injury, gun’s your only option).

Nevada Self-Defense Immunity

Any person who uses force which is intended or likely to cause death or bodily injury is immune from civil liability in an action to recover damages for personal injuries to or the wrongful death of a person against whom such force was used if the use of such force was justified under [laws] relating to the use of such force.

Nev. Rev. Stat. § 41.095 (1) (b)

Nevada Stand-Your-Ground Law

A person is not required to retreat before using deadly force as provided in subsection 1 if the person:

1. Is not the original aggressor;
2. Has a right to be present at the location where deadly force is used; and
3. Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

Nev. Rev. Stat. § 200.120

Nevada law allows any person to kill an animal with vicious or dangerous tendencies that is running at large, if:

1. It is reasonably necessary to protect his or her own safety or the public safety; or
2. The animal chases, worries, injures, or kills the person's livestock on the land of any person other than on the property of the owner of the attacking animal.

Nev. Rev. Stat. § 575.020