Concealed Firearms – NRS 202.350

CCW in Nevada Overview

Nevada Revised Statute (NRS) 202.350 governs the carrying of concealed firearms within the state. The law is designed to balance the rights of individuals to carry firearms for personal protection with the need to ensure public safety. Understanding the legal requirements and restrictions regarding concealed firearms is essential for anyone considering carrying a concealed weapon in Nevada.

Definition of Concealed Firearm

A concealed firearm is defined as any firearm that is hidden from common observation. This includes handguns, revolvers, and other types of firearms that are not visible to others. It is important to note that carrying a concealed firearm without the proper permits can lead to serious legal consequences.

Legal Requirements for Carrying a Concealed Firearm

To legally carry a concealed firearm in Nevada, individuals must comply with the following requirements:

1. Obtain a Permit: Individuals must apply for and obtain a Nevada Concealed Firearm Permit (CCW). This permit allows the holder to carry a concealed firearm legally.
2. Eligibility: Applicants for a concealed firearm permit must meet specific eligibility criteria, including:
   • Being at least 21 years old.
   • Being a resident of Nevada or a member of the military.
   • Not having any felony convictions or certain misdemeanor convictions related to domestic violence.
3. Background Check: A thorough background check is conducted as part of the application process. This ensures that individuals who may pose a risk to themselves or others are not granted permits.
4. Training Requirement: Applicants are typically required to complete a training course that covers firearm safety, handling, and relevant laws regarding the use of firearms.

Carrying a Concealed Firearm

Once a concealed firearm permit is obtained, the permit holder is authorized to carry a concealed firearm in most public places. However, there are restrictions on where concealed firearms can be carried:

• Prohibited Areas: Individuals are not allowed to carry concealed firearms in certain locations, including:
  • Schools and daycare facilities.
  • Government buildings.
  • Airports (beyond security checkpoints).
  • Private property where firearms are prohibited.
• Duty to Disclose: Permit holders may have a duty to disclose their concealed carry status if approached by law enforcement while carrying a firearm. Understanding how to interact with law enforcement in these situations is crucial for permit holders.

Penalties for Violating Concealed Firearm Laws

Violating NRS 202.350 can lead to severe penalties, including:

• Unlawful Carrying of a Concealed Firearm: Carrying a concealed firearm without a valid permit is considered a misdemeanor for a first offense, which can result in fines, community service, or up to 6 months in jail. Subsequent offenses may lead to felony charges.
• Penalties for Carrying in Prohibited Areas: Individuals caught carrying a concealed firearm in restricted areas may face fines and criminal charges, depending on the circumstances.

Defenses Against Concealed Firearm Charges

If you are facing charges related to concealed firearms under NRS 202.350, several defenses may be applicable:

1. Lack of Knowledge: If the accused did not know they were carrying a firearm or that they were in a restricted area, this can serve as a defense. For example, if a firearm was unintentionally left in a bag and subsequently discovered, this may negate intent.
2. Valid Permit: Proving that the individual held a valid concealed carry permit at the time of the alleged offense can serve as a strong defense.
3. Improper Search and Seizure: If law enforcement conducted an unlawful search and seizure that led to the discovery of a concealed firearm, evidence obtained may be inadmissible in court.
4. Self-Defense: In some cases, individuals may argue that they were carrying a concealed firearm for self-defense reasons, although this typically applies more to the use of the firearm rather than mere possession.

The Importance of Legal Representation

Navigating the legal complexities surrounding concealed firearms requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling firearm-related cases equips him to provide a robust defense for those accused of violating concealed carry laws.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven track record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and his deep understanding of Nevada’s legal landscape make him a strong advocate in cases involving concealed firearms.

Understanding the laws regarding concealed firearms is crucial for anyone considering carrying a weapon in Nevada. Violating these laws can lead to serious legal consequences that impact your future. If you are accused of a crime related to concealed firearms, seeking experienced legal representation is essential.

For more information about defending against charges related to concealed firearms under NRS 202.350 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.