CONCEALED WEAPONS

The laws concerning background checks for the transfer of firearms was on the most recent ballot in Nevada and passed with 50.45% of the vote. Consequently, the laws concerning background checks will be changing in 2017. Below is an explanation of the new laws. Convictions for violations of the laws relating to brothels are severe and include jail time and harsh fines.

What is the legal definition of placing a person in a house of prostitution?

The laws relating to Concealed Weapons are governed by NRS 202.350, and 202.3653-202.369. While the laws explaining them are lengthy and complex, the laws themselves are fairly easy to understand.

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.

Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, a person within this State shall not:
1. Manufacture or cause to be manufactured, or import into the State, or keep, offer expose for sale, or give, lend or possess any instrument or weapon of the kind of commonly known as a blackjack, slingshot, billy, sand-club, sandbag, or metal knuckles;
2. Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;
3. With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or
4. Carry concealed upon his 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.
Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:
1. 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.
2. 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.
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.
Except as otherwise provided in subsection 5, this section does not apply to:
1. 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.
2. 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.
3. 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.
4. Members of the Armed Forces of the United States when on duty.
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.
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.
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. 962B or 926C.
As used in this section:
1. “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernable by ordinary observation.
2. “Honorably retired” means retired in Nevada after completion of 10 years 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.
3. “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.
4. “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars, or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.
5. “Pneumatic gun” has the meaning ascribed to it in NRS 202.265.
6. “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. 926B(c).
7. “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. 926C(c).
8. “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.
9. “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

NRS 202.3653 begins an entire section of the Nevada Revised Statutes relating specifically to concealed firearms.

NRS 202.3653 – Definitions.

As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:

“Concealed firearm” means a loaded or unloaded handgun which is carried upon a person in such a manner as to not be discernable by ordinary observation.
“Department” means the Department of Public Safety.
“Handgun” has the meaning ascribed to it in 18 U.S.C. 921(a)(29).
“Permit” means a permit to carry a concealed firearm pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

NRS 202.3657 – Application for a permit; eligibility; denial or revocation of permit.

Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.
Except as otherwise provided in this section, 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:
1. Is 21 years of age or older;
2. Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
3. 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 Sheriff’s and Chief’s Association or, if the Nevada Sheriff’s and Chief’s Association ceases to exist, its legal successor.

The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
1. Has an outstanding warrant for his or her arrest.
2. Has been judicially declared incompetent or insane.
3. Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
4. Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this subparagraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has been;
  1. Convicted of violating the provisions of NRS 484C.110; or
  2. Committed for treatment pursuant to NRS 458.290 to 458.350, inclusive.
5. Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
6. Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
7. Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
8. Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
9. Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court in this State or of any other state or territory or possession of the United States, as a condition to the court’s:
  1. Withholding of the entry of judgment for a conviction of a felony; or
  2. Suspension of sentence for the conviction of a felony.
10. Has made a false statement on any application for a permit or for the renewal of a permit.
The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
1. The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
2. A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;
3. A front-view colored photograph of the applicant taken by the sheriff or his or her agent;
4. If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;
5. If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;
6. A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
7. A nonrefundable fee set by the sheriff not to exceed $60.

NRS 202.366 – Investigation of applicant for permit; issuance or denial of permit; expiration of permit.

Upon receipt by a sheriff of an application for a permit, including an application for the renewal of a permit pursuant to NRS 202.3677, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The investigation also must include a report from the National Instant Criminal Background Check system. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.
To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.
Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting for the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:

NEVADA CONCEALED FIREARM PERMIT

County ___________ Permit Number___________

Expires___________ Date of Birth_____________

Height____________ Weight__________________

Name_____________ Address_________________

City______________ Zip_____________________

Signature__________________ Photograph

Issued by__________________

Date of Issue_______________

Unless suspended or revoked by the sheriff who issued the permit, a permit expires 5 years after the date on which it is issued.
As used in this section, “National Instant Criminal Background Check System” means the national system created by the federal Brady Handgun Violence Prevention Act, Public Law 103-159.

NRS 202.3662. Confidentiality of information about applicant for permit and permittee.

Except as otherwise provided in this section and NRS 202.3665 and 239.0115:
1. An application for a permit, and all information contained within that application;
2. All information provided to a sheriff or obtained by a sheriff in the course of the investigation of an applicant or permittee;
3. The identity of the permittee; and
4. And records regarding the suspension, restoration or revocation of a permit,

Are confidential.

Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.
Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.

NRS 202.3663 – Judicial review of denial of application for permit.

If an application for a permit is denied by a sheriff, the applicant who submitted the application may seek a judicial review of the denial by filing a petition in the district court for the county in which the applicant filed the application for a permit. A judicial review conducted pursuant to this section must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

NRS 202.3665 – Duties of sheriff upon receiving notification that applicant or permittee has been charged with or convicted of crime involving use or threatened use of force or violence.

If a sheriff who is processing an application for a permit receives notification pursuant to NRS 203.3657 that the applicant has been:
1. Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
  1. Suspended the processing of the application until the final disposition of the charges against the applicant; or
  2. Resumed the processing of the application following the dropping of charges against the applicant or the acquittal of the applicant.
2. Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657, denied the application.
If a sheriff who has issued a permit to a permittee receives notification pursuant to NRS 202.3657 that the permittee has been:
1. Charged with a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202.3657:
  1. Suspended the permit of the permittee until the final disposition of the charges against the permittee; or
  2. Restored the permit of the permittee following the dropping of charges against the permittee or the acquittal of the permittee.
2. Convicted of a crime involving the use or threatened use of force or violence, the sheriff shall notify any victim of the crime of the fact that the sheriff has, pursuant to NRS 202:3657, revoked the permit of the permittee.
The sheriff shall notify a victim pursuant to subsection 1 or 2 not later than 10 days after the date on which the sheriff performs one of the actions listed in subsection 1 or 2 concerning an application or a permit.

NRS 202.3667 – Permittee to carry permit and proper identification when in possession of concealed firearm; penalty.

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.
A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

NRS 202.367 – Duplicate permit; notification to sheriff of recovered permit; penalty.

A permittee shall notify the sheriff who issued his or her permit in writing within 30 days if the permittee’s:
1. Permanent address changes; or
2. Permit is lost, stolen or destroyed.
The sheriff shall issue a duplicate permit to a permittee if the permittee:
1. Submits a written statement to the sheriff, signed under oath, stating that his or her permit has been lost, stolen or destroyed; and
2. Pays a nonrefundable fee of $15.
If any permittee subsequently finds or recovers his or her permit after being issued a duplicate permit pursuant to this section, the permittee shall, within 10 days:
1. Notify the sheriff in writing; and
2. Return the duplicate permit to the sheriff.
A permittee who fails to notify a sheriff pursuant to the provisions of this section is subject to a civil penalty of $25.

NRS 202.3673 – Permittee authorized to carry concealed firearm while on premises of public building; exceptions; penalty.

Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while the permittee is on the premises of any public building.
A permittee shall not carry a concealed firearm while on the premises of a public building that is located on the property of a public airport.
A permittee shall not carry a concealed firearm while the permittee is on the premises of:
1. A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he or she is on the premises of the public building pursuant to subparagraph (3) of paragraph (a) of subsection 3 of NRS 202.265.
2. A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he or she is on the premises of the public building pursuant to subsection 4.
The provisions of paragraph (b) of subsection 3 do not prohibit:
1. A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which the judge presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.
2. A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he or she is on the premises of a public building.
3. A permittee who is employed in the public building from carrying a concealed firearm while he or she is on the premises of the public building.
4. A permittee from carrying a concealed firearm while the permittee is on the premises of the public if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.
A person who violates subsection 2 or 3 is guilty of a misdemeanor.
As used in this section:
1. “Child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.
2. “Public building” means any building or office space occupied by:
  1. Any component of the Nevada System of Higher Education and used for any purpose related to the System; or
  2. 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.

NRS 202.3677 – Application for renewal of permit; fees; demonstrated continued competence required.

If a permittee wishes to renew his or her permit, the permittee must:
1. Complete and submit to the sheriff who issued the permit an application for renewal of the permit; and
2. Undergo an investigation by the sheriff pursuant to NRS 202.366 to determine if the permittee is eligible for a permit.
An application for the renewal of a permit must:
1. Be completed and signed under oath by the applicant;
2. Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3675.
3. Be accompanied by a nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
4. Be accompanied by a nonrefundable fee of $25.
If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.
No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with handguns by successfully completing a course prescribed by the sheriff renewing the permit.

NRS 202.3678 – Application for certification as qualified retired law enforcement officer; law enforcement agency required to offer certain officers opportunity to obtain qualifications necessary for certification; fees.

A retired law enforcement officer who is a resident of this State may apply, on a form prescribed by regulation of the Department, to the sheriff of the county in which he or she resides for any certification required pursuant to 18 U.S.C. 926C(d) to become a qualified retired law enforcement officer. Application forms for certification must be provided by the sheriff of each county upon request.
A law enforcement agency in this State shall offer a retired enforcement officer who retired from the law enforcement agency the opportunity to obtain the firearms qualification that is necessary to obtain the certification from the sheriff pursuant to subsection 1 at least twice per year at the same facility at which the law enforcement agency provides firearm training for its active law enforcement officers. The law enforcement officer who submits a completed application and pays any fee required pursuant to this subsection if the sheriff determines that the officer meets the standards for training and qualifications. The sheriff may impose a nonrefundable fee in the amount necessary to pay the expenses in providing the certification.
As used in this section:
1. “Law enforcement agency” has the meaning ascribed to it in NRS 239C.065.
2. “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. 926C.

NRS 202.368 – Fees to be deposited with the county treasurer.

All fees collected pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, must be deposited with the county treasurer of the county in which the fees are collected and:

If the county has a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that metropolitan police department; or
If the county does not have a metropolitan police department created pursuant to chapter 280 of NRS, credited to the general fund of that county.

NRS 202.3683 – Immunity of state and local governments from civil liability

The State or any political subdivision of the State, the Department, a sheriff, law enforcement agency, firearm safety or training instructor or any other person who, in good faith and without gross negligence, acts pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, is immune from civil liability for those acts. Such acts include, but are not limited to, the receipt, review or investigation of an application for a permit, the certification of a retired law enforcement officer, or the issuance, denial, suspension, revocation or renewal of a permit.

NRS 202.3687 – Temporary permits

The provisions of NRS 202.3653 to 202.369, inclusive, do not prohibit a sheriff from issuing a temporary permit. A temporary permit may include, but is not limited to, provisions specifying the period for which the permit is valid.
Each sheriff who issues a permit pursuant to the provisions of NRS 202.3653 to 202.369, inclusive, shall provide such information concerning the permit and the person to whom it is issued to the Central Repository for Nevada Records of Criminal History.

NRS 202.3688 – Circumstances in which holder of permit issued by another state may carry concealed firearm in this State.

Except as otherwise provided in subsection 2, a person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3652 to 202.369, inclusive.
A person who possess a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may not carry a concealed firearm in this State if the person:
1. Becomes a resident of this State; and
2. Has not been issued a permit from the sheriff of the county in which he or she resides within 60 days after becoming a resident of this State.

NRS 202.3689 – Department to prepare list of states that meet certain requirements concerning permits; Department to provide copy of list to law enforcement agencies in this State; Department to make list available to public.

On or before July 1 of each year, the Department shall:
1. Determine whether each state requires a person to complete any training, class or program before the issuance of a permit to carry a concealed firearm in that state.
2. Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm issued by that state and which a law enforcement officer in this State may access at all times through a national law enforcement telecommunications system.
3. Prepare a list of states that meet the requirements of paragraphs (a) and (b).
4. Provide a copy of the list prepared pursuant to paragraph (c) to each law enforcement agency in this State.
The Department shall, upon request, make the list prepared pursuant to subsection 1 available to the public.

NRS 202.369 – Regulations.

The Department may adopt such regulations as are necessary to carry out the provisions of NRS 202.3653 to 202.369, inclusive.

What is a “concealed weapon”?

Essentially, a “concealed weapon” is any dangerous or deadly weapon that can be carried on your person without being readily observable. The law is intentionally vague as to what constitutes a “deadly weapon,” so that prosecutors have the ability to decide when to charge someone with a violation of carrying a concealed weapon.

Generally speaking, a “concealed weapon,” is generally thought of as a gun or other firearm that can and is being carried in a concealed manner on your person (say in a shoulder-holster, or in the waistband of shorts or pants).

However, for the purposes of NRS 202.350, a “concealed weapon” is any object that is being concealed on your person for the specific purpose of being used as a weapon if needed. Some examples include:

Nunchaku (the proper name for “nunchucks”);
Trefoil (the proper name for a “throwing star” or “ninja star”;
Any explosive substance, other than ammunition;
Any component of an explosive substance, other than ammunition;
Machetes;
Pistol, revolver or other firearm;
Pneumatic gun; or
Any other dangerous or deadly weapon.

It is important to note that while Nevada does have definitions for “dangerous or deadly weapon,” NRS 202.350 does not reference any such definition. Therefore, when charging someone for carrying a concealed weapon, the prosecutor does not need to show that the object in question was a weapon under that definition. Instead, the prosecutor only needs to show that the object could be used in a deadly manner, and was being concealed for that purpose.

I’ve heard of CCW permits that allow people to carry guns, what are those?

CCW is a permit that, once obtained, allows its holder to “carry a concealed weapon.” However, while the permit technically refers to “weapons,” in general, CCW permits do not relate to all kinds of weapons. CCW permits allow the holder to carry a concealed firearm, as long as that firearm is legally registered to them.

In other words, having a CCW permit does not prevent you from being charged with a violation of NRS 202.350 for carrying brass knuckles, or a throwing star.

Please Note: Carrying a non-firearm weapon for purposes other than for use as a weapon is still a violation of NRS 202.350 even though there is no intent to use it as a weapon. Moreover, owning nunchaku or trefoil (throwing stars) is against the law in Nevada, regardless of the purpose.

Please Also Note: It is generally illegal to carry a concealed weapon that is not a firearm anywhere in Nevada. It is possible to get permission to carry such a weapon through a request submitted to the local sheriff’s office.

How do I get a CCW permit?

The process for getting a CCW permit is not difficult. The requirements for obtaining a Nevada CCW permit are:

Must either be a resident of Nevada, or must apply as a non-resident visiting Nevada;
Must apply to the sheriff of the county in which you live (if applying as a non-resident, the application can be made to the sheriff of any county in Nevada);
Must be at least 21 years of age;
Must not be prohibited from possessing a firearm (pursuant to NRS 202.360); and
Must demonstrate competence with handguns by presenting a certificate of completion for either:
- A course in firearm safety approved by the sheriff in this State; or
- A course in firearm safety offered by a federal, state or local law enforcement agency, or other organization that certifies instructors in firearm safety.

Please Note: Any CCW course must instruct the applicant on the use of handguns, as well as the Nevada laws regarding the use of a firearm.

If you are unsure whether the firearms course you took satisfies the Nevada requirements, contact the LVMPD Concealed Carry Detail at (702) 828-3996.

Applications can be obtained and/or filled out at the LVMPD or a local sheriff’s office. If you live outside of Nevada, you can have an application mailed to you by contacting the Las Vegas Metropolitan Police Department Concealed Carry Detail.

Applications include:

Your address, date of birth, and any names you have been known by;
Your social security number;
Your occupation and employer;
A complete set of your fingerprints;
A color photograph taken by the sheriff or his or her agent;
ID card number; and
Your signature, witnessed by an employee of the sheriff or notarized by a notary public.

Once you have completed all of the above requirements and filled out an application, you can submit your application to the LVMPD Concealed Carry Detail (5880 Cameron Street, Las Vegas Nevada, 89118), or at your local sheriff’s office. However, it is important to note that all applications MUST be submitted in person.

In Clark County, the application for a CCW permit is $100.25, and the renewal application is $62.25. You will also be required to show your state issued Identification Card.

Please Note: If you are renewing your application, you must do so within 120 days of the expiration of your current permit to be eligible for a renewal. Otherwise, you will be required to pay the $100.25 for a new permit.

After submitting your application, you will be contacted by the LVMPD, or local sheriff’s department, in order to obtain your fingerprints and photograph. The sheriff’s office will then conduct a background check based on your fingerprints and the information provided. The background check may take up to 6 months.

If you are approved for a CCW permit, you will have to pay an additional $60 for the permit which will then be valid for 5 years.

If you are approved for a CCW permit renewal, the cost of the renewal permit is only $25 and will also be valid for 5 years.

What if I own more than one handgun?

You only need one CCW permit to be able to carry any of your handguns. The application does not require that you list each of your handguns, nor is it required that you apply for a separate CCW permit for each handgun that you own. The permit will also apply to any handgun that you obtain after getting the permit.

If I have a CCW, then I can carry a gun in public?

For the most part, yes. However, there are certain places where you are not permitted to carry a concealed weapon, even if you have a CCW permit. The places where CCW permits are invalid are generally straightforward and include:

Airports;
Public and private schools, including community colleges, Universities, other vocational or technical schools, or any other property belonging to the Nevada System of Higher Education;

Please Note: It is possible to get written permission to be allowed to carry a concealed weapon on school property, but generally, such permission is rarely granted.

Child-care facilities;
Law enforcement agency facilities;
All government-owned or occupied buildings (federal, state, or local);
Courthouses and courtrooms;
Prisons, jails, and detention facilities;
Any building with a metal detector;
Any building with signs at the entrances prohibiting firearms; and
Any place where carrying a concealed firearm is prohibited by federal or state law.

Can anyone get a CCW?

So long as you meet the requirements listed above, obtaining a CCW permit is possible. However, the sheriff is not required to issue a CCW permit to anyone who submits an application.

When an application is submitted, the sheriff conducts certain background checks, and depending on what turns up during those checks the sheriff might either be required to deny your application, or may have the discretion to do so.

The sheriff is required to deny any application where the applicant:

Has an outstanding warrant for his or her arrest;
Has been declared incompetent or insane by a Court of Law;
Has been admitted to a mental health facility, regardless of whether it was voluntary or involuntary, in the 5 years preceding the application;
Has been convicted of violating the provisions of NRS 484C.110 (drunk driving);
Has been committed for treatment for alcohol and/or drug abuse;
Has been convicted of a misdemeanor crime involving the use or threatened use of violence, in any State or US territory, during the 3 years immediately preceding the application;
Has been convicted of a felony in any State or US territory;
Has been convicted of a crime involving domestic violence or stalking;
Is currently subject to a restraining order, injunction, or other order for protection against domestic violence;
Is currently on parole or probation;
Has been subject to Court requirements imposed as part of a plea bargain for a felony;
Has lied on the application for a CCW permit, or for the renewal of a permit.

The sheriff has the discretion to deny any application when:

The sheriff receives a sworn affidavit stating facts that indicate that the applicant has or may have committed any of the infractions that would require the sheriff to deny the application if proven true.

Please Note: if the Sheriff receives notice that the applicant has been charged with anything that would prohibit the issuance of a CCW permit, the sheriff is required to suspend the processing of the permit until the charges have either been dropped or adjudicated. If the applicant is acquitted, or the charges are dropped, then the sheriff must resume the application process without imposing a further fee.

What about retired police officers, do they have to go through that whole process?

Yes, and no. To get a CCW permit, then a retired officer would still have to apply, just like anyone else.

However, retired law enforcement officers can also apply for certification as a qualified retired law enforcement officer, which affords them both a state CCW permit, and permission under federal law to carry a concealed weapon. This process requires that the applicant must have specific firearms qualifications that must be offered at least twice a year, and pay any fees associated with the application.

Are CCW applications public record?

Essentially, no. The application and all the information contained therein, as well as all of the information the sheriff’s office obtains during the investigation of an application are all confidential. Moreover, the identity of anyone submitting an application as well as any records regarding the suspension, restoration, or revocation of a permit are all confidential.

However, any such records may be released to any law enforcement agency in the process of conducting an investigation or prosecution. In other words, while the information is not released to the public, it is not sealed from law enforcement.

Also, any of your information that is used in creating statistics regarding permits and applications can be released to any person. This will, at most, be very basic information, such as: age, sex, location (city or county), occupation, and whether the permit was issued or denied. Specific identifying information, such as name, address, social security number, fingerprints, and other similar information will remain confidential.

What is the investigation process?

The investigation process is fairly straightforward. When the sheriff receives an application for a permit, they:

Forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the FBI for a report concerning the applicant’s criminal history; and
The sheriff will obtain a report from the National Instant Criminal Background Check system.

If neither of these reports says that you cannot own a firearm, then the sheriff will issue your CCW permit. This process may take up to 6 months. The Sheriff is required to provide you with a response concerning your application within 120 days of submission, unless, during the course of the investigation, the sheriff receives information that allows an extension of time (generally, this would mean that you were arrested for something that could prohibit your ownership of a weapon if convicted. In which case the application period can be extended until the case is either dismissed or ruled on.

What if my application is denied?

If your application is denied, the Sheriff will provide you with written notification of the denial which will also set forth all of the reasons why your application was denied.

If, after receiving the written notification of the sheriff’s denial of your application, you believe the denial to be a mistake, you can seek judicial review of the application by filing a petition in the district court for the county where you filed the application. The Judge who reviews the denial does so under what is called an “abuse of discretion” standard, which means that the judge will look at the information that the sheriff gathered and will decide whether the denial was arbitrary or unwarranted. In other words, if the Judge looks at the information and decides that there is even the smallest piece of information that a denial can be reasonably based on, then the denial will stand. The only way to succeed in a judicial review of a denial for a CCW permit is to convince the judge that there was absolutely no basis for the denial.

Alternatively, since the written notification contains the reasons for the denial, you can also try to clear up any mistakes or other issues in your background and re-apply.

Is there any way that a permit could be taken away?

Yes, of course. As with any permit. A CCW permit is a privilege, not a right. As such, it can be revoked at any time, under the right circumstances.

If the sheriff can revoke or suspend your permit upon learning that you have been either charged or convicted of a crime involving the use of force or violence or the threat of force or violence. However, if you are subsequently acquitted of the charges, or if the charges are dropped, then a suspend permit will be restored.

If the sheriff receives such notice, they are required to notify you within 10 days of the suspension or revocation of your permit.

What if I lose the permit itself?

If you lose your permit, you will not be able to carry a concealed firearm. As part of the requirement in having a CCW permit, you must have the permit with you whenever you are carrying a concealed weapon.

You must also carry valid identification with you as well, in order to verify your identity should your permit ever be questioned.

Any violation of the requirement to carry your permit or proper identification can lead to a $25 civil penalty.

Can I get a new one?

Of course you can. If somehow your permit is lost or stolen, then you will be required to apply for a duplicate permit. The process is simple:

Submit a written statement to the sheriff, signed under oath, stating that your permit was lost, stolen or destroyed; and
Pay a fee of $15.

Please Note: If you change your permanent address, or any other identifying information on the permit, you are also required to notify the sheriff so that a new permit may be issued. The sheriff will require proof of the change and a $15 non-refundable fee, similar to the process of getting a duplicate permit.

If you fail to notify the sheriff of a lost, stolen, or destroyed permit, you may be held liable for a $25 civil penalty.

What happens if I find my permit after I request a duplicate?

You will have to notify the sheriff, in writing, within 10 days of finding the original permit that you found it. The sheriff will require you to turn over the duplicate permit to the sheriff’s office.

If you fail to notify the sheriff that you found your previously lost permit, you can be fined a civil penalty of $25.

Does my CCW permit expire?

Yes. A CCW permit is only valid for 5 years. At the end of that 5 years, you will be required to renew your permit. The Application process is easier and less expensive than the process of applying for your original permit.

Complete and submit an application for renewal to the sheriff who issued the permit, which must;
- Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3675;
- Cost $25, unless the renewal is submitted after the expiration date of the current permit. If submitted after the expiration date, the cost will be $40; and
- Be signed under oath.
Undergo an investigation by the sheriff to determine if the permittee is eligible for a permit;
Be completed and submitted within 120 days of the expiration of the current permit. If the renewal is submitted more than 120 days after the expiration of a permit, then it will be treated as a new application and will must follow the rules pertaining to original applications;
Show that the applicant has successfully completed a handgun safety course prescribed by the sheriff renewing the permit.

Assuming the application for renewal is properly submitted and is granted, you will be issued a renewed permit which will be valid for 5 years from the date of issue.

What if I’m just visiting Nevada, but I have a CCW from another state?

Nevada only allows permits from certain states to be used while in Nevada. The Sheriff’s Department creates a list of these states each year, available after July 1. In determining whether another state’s permit will be allowed in Nevada, the Sheriff looks at:

What sates require a person to complete some form of training, class, or program before issuing a permit;
What states have an electronic database identifying everyone possessing a valid CCW permit issued within that state, and which can be accessed by law enforcement officers in Nevada at any time.

The Department will prepare a list of States that meets these requirements, and will provide a copy to each law enforcement agency in Nevada.

If you have a permit issued by one of the states on the list, then you may carry a concealed firearm while visiting Nevada, so long as you abide by all of the other rules set forth above.

However, if you are not just a visitor, and you are moving to Nevada, then an out-of-state permit will only be valid for the first 60 days after you have become a resident of Nevada.

But if the application process can take up to 120 days, how does that work out?

The sheriff can issue a temporary permit to anyone without going through the entire application process. Therefore, if you have a valid permit from one of the states that Nevada recognizes, then you can apply for a temporary permit to extend until your application has been processed. Generally speaking, the sheriff is likely to grant such a request under the assumption that your out-of-state permit shows that you are not likely to be denied a Nevada permit.

Any temporary permit issued by the Sheriff must state the exact time period the permit is valid for, and must be provided to the Central Repository for Nevada Records of Criminal History for record-keeping purposes.

What happens if someone is issued a permit but should not have been?

The sheriff and any other person or agency involved in the investigation and issuance of a CCW permit is immune from any civil liability as long as they put a good faith effort into their duties. In other words, as long as they were not completely negligent in their conduct, then they cannot be found civilly liable.

If their conduct was such that criminal penalties may apply, then they can still charged for whatever laws they have violated.

As for the person with the improperly issued permit, until the sheriff is notified of the reasons why they should not have a CCW permit, the permit will remain valid. If the Sheriff is notified of the mistake, then the permit can be revoked. Ideally, even if it is never revoked, the investigation into the renewal application will turn up the necessary information and the permit will not be renewed.

There’s a lot of money getting paid for these permits, what does the sheriff do with my fees?

All of the money collected in relation to CCW permits is deposited with the county treasurer and are then applied to either:

The general fund for the metropolitan police department; or
If the county does not have a metropolitan police department, the funds are applied to the general fund for that county.

What are the possible penalties?

Anyone convicted of carrying a concealed weapon (not just a firearm) is facing harsh penalties, which include:

For a first offense:
- A gross misdemeanor carrying a possible sentence of:
  - Up to 1 year in jail; and/or
  - Possible fines up to $2,000.
For any subsequent offense:
- A category D felony, carrying a possible sentence of:
  - Between 1 and 4 years in a Nevada State Prison; and
  - Possible fines up to $5,000.
If you have a valid permit, but are found carrying a concealed weapon in a prohibited area, location, or building, then you will be facing misdemeanor charges, which carry:
- Up to 6 months in jail; and/or
- Possible fines up to $1,000; and
- Possible community service.
If you are found carrying a concealed weapon, and are not carrying your permit at the time, then you can be civilly fined $25.

What should I do if I’ve been charged with Carrying a Concealed Weapon?

While it is possible to defend charges for violations of Carrying a Concealed Weapon, the defenses are extremely fact specific, and depend entirely on your individual circumstances. Therefore, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.