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Nevada Rifle Sales Laws

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					                  NRA / ILA
Firearms Laws for
                                  Nevada         (As of May, 2009)                                                                           Compiled by:
                                                                                                                                 NRA-Institute for Legislative Action
                                                                                                                                     11250 Waples Mill Road
            A synopsis of state laws on purchase,                                                                                    Fairfax, Virginia 22030
                                                                                                                                         (800) 392-8683
            possession and carrying of firearms.                                                                                          www.nraila.org
                          QUICK REFERENCE CHART                                                other firearm without a permit to carry. State law does not prohibit
                                                                                               the open carrying of a firearm, but one should exercise caution when
                                           Rifles and                                          carrying a firearm in public.
                                           Shotguns                 Handguns                        Exceptions to carrying a concealed firearm include:
Permit to Purchase                             No                     No                       1) Sheriffs, constables, marshals, peace officers, policemen, and
Registration of Firearms                       No                     No*                           special police officers.
Licensing of Owners                            No                     No                       2) Any person summoned by a peace officer to assist in making
Permit to Carry                                No                     Yes                           arrests or preserving the peace while actually engaged in assisting
                                                                                                    the officer.
* As of October 1, 2007, Clark County requires individuals who are in the county for more      3) Members of the Armed Forces of the U.S. when on duty.
than sixty days to register their handguns with local law enforcement. Registration of newly        The sheriff shall issue a permit to carry a firearm concealed to
acquired handguns must be within seventy-two hours after taking title by purchase, gift or     any person qualified to possess a firearm under state and federal law
other transfer.                                                                                who:
                                                                                               •	 submits	an	application;	
STATE CONSTITUTIONAL PROVISION                                                                 •	 is	at	least	21	years	of	age;
                                                                                               •	 is	not	a	felon	or	otherwise	precluded	from	owning	a	firearm;
“Every citizen has the right to keep and bear arms for security and                            •	 has	 demonstrated	 competence	 with	 a	 firearm	 by	 presenting	 a	
defense, for lawful hunting and recreational use and for other lawful                               certificate or other documentation to the sheriff which shows
purposes.” Article 1, Section 11, Paragraph 1.                                                      that applicant successfully completed a course approved by the
                                                                                                    sheriff issuing the permit, or successfully completed a course in
PURCHASE                                                                                            firearm safety offered by a federal, state or local law enforcement
                                                                                                    agency, community college, university or national organization
     No state permit is required to purchase a rifle, shotgun or                                    that certifies instructors in firearm safety. Such a course must
handgun.                                                                                            include instruction in the use of each firearm to which the
     Any person who sells or barters any pistol or revolver capable of                              application pertains.
being concealed upon the person to a child under the age of 18 years                                An application must be completed and signed under oath by
with reckless disregard of whether the child is under 18 years old, or                         the applicant. The signature must be witnessed by an employee of
has knowledge or reason to believe that the child is under 18 years                            the sheriff or notarized by a notary public. The application must
old, is guilty of a category B felony.                                                         include:
                                                                                               •	 the	name,	address,	place	and	date	of	birth,	social	security	number,	
POSSESSION                                                                                          occupation and employer of the applicant,
                                                                                               •	 a	complete	set	of	fingerprints	taken	by	the	sheriff	or	his	agent;
     No state permit is required to possess a rifle, shotgun or                                •	 a	 frontal-view	 colored	 photograph	 taken	 by	 the	 sheriff	 or	 his	
handgun.                                                                                            agent;	
     A minor under 18 years of age may not possess a firearm unless                            •	 driver’s	 license	 or	 identification	 card	 number	 issued	 by	 the	
accompanied by or under the immediate charge of an adult.                                           department;	
     It is unlawful for a person convicted of a felony to own a pistol                         •	 the	make,	model	and	caliber	of	each	authorized	semiautomatic	
or possess any firearm.                                                                             firearm	to	which	the	application	pertains;	permits	for	revolvers	
     It is unlawful to carry or possess any firearm while on the property                           pertain to all revolvers owned and need not be listed separately.
of the University and Community College System of Nevada or a                                       Within 120 days after a complete application is submitted, the
private or public school or while in a vehicle of a private or public                          sheriff shall grant or deny the application. If the application is denied,
school without written permission.                                                             the sheriff shall send the applicant written notification explaining the
     It is unlawful to control or actually possess a firearm while                             reasons for the denial. The applicant may seek judicial review of the
intoxicated or under the influence of a controlled substance.                                  denial by filing a petition in the district court for the county in which
                                                                                               the applicant filed his application. A judicial review must be limited
CARRYING                                                                                       to a determination of whether the denial was arbitrary, capricious or
                                                                                               otherwise characterized by an abuse of discretion. If the application is
      It is unlawful to carry concealed upon the person a handgun or                           granted, the sheriff shall issue the permit. A permit is valid for 5 years.
A	non-refundable	fee	not	to	exceed	$60.00	is	charged.	                             It is unlawful to carry a loaded rifle or shotgun in a vehicle that
     Each permittee shall carry the permit, together with proper              is being used on a public highway. A firearm is loaded if there is an
identification whenever the permittee is in actual possession of a            unexpended cartridge or shell in the firing chamber but not when the
concealed firearm. A permittee shall notify the sheriff who issued the        only cartridges or shells are in the magazine.
permit	in	writing	within	30	days	if	permanent	address	changes;	or	the	             State law has been interpreted to allow an individual to carry a
permit is lost, stolen or destroyed. An application for the renewal of        firearm in their vehicle as long as it is not actually on the person or in
a	permit	must	be	completed	and	signed	under	oath	by	the	applicant;	           a container carried by the person.
contain a statement that the applicant is eligible to receive permit
and must demonstrate competence with a firearm. The renewal fee is            ANTIQUES AND REPLICAS
$25.00.
     The sheriff shall deny or revoke a permit if he determines that the           Nevada statutes are silent on antique and replica firearms. They
applicant	or	permittee;                                                       are treated as ordinary firearms for possession and carrying purposes.
•	 has	an	outstanding	warrant	for	his	arrest;	
•	 has	been	judicially	declared	incompetent	or	insane,                        MACHINE GUNS
•	 has	been	voluntarily	or	involuntarily	admitted	to	a	mental	health	
     facility	during	the	immediately	preceding	5	years;	                           It is lawful to possess, purchase or sell a machine gun or silencer
•	 has	habitually	used	intoxicating	liquor	or	a	controlled	substance	         that is legally registered and possessed in compliance with all federal
     to the extent that his normal faculties are impaired within the          laws and regulations.
     previous	5	years;	                                                            It is unlawful to possess, manufacture, or dispose of a rifle with
•	 has	 been	 subject	 to	 any	 requirements	 imposed	 by	 a	 court	 as	 a	   a	barrel	under	16	inches	in	length,	a	shotgun	with	a	barrel	under	18	
     condition	to	the	court’s	withholding	of	the	entry	of	judgment	           inches,	or	a	rifle	or	shotgun	with	an	overall	length	under	26	inches.	
     for conviction of a felony or suspension of sentence for the             Peace officers and persons licensed by the United States Department
     conviction	of	a	felony	within	the	previous	5	years;	                     of the Treasury as importers, manufacturers, collectors or dealers are
•	 has	 been	 convicted	 of	 a	 crime	 involving	 the	 use	 or	 threatened	   exempt.
     use of force or violence punishable as a misdemeanor within the
     previous	3	years;	                                                       MISCELLANEOUS PROVISIONS
•	 has	 been	 convicted	 of	 a	 crime	 involving	 domestic	 violence	 or	
     stalking, or is currently subject to restraining order, injunction            It is unlawful to set any “spring gun” or “trap gun”.
     or	other	order	for	protection	against	domestic	violence;	and	is	              It is unlawful to discharge a firearm at or into any dwelling,
     currently on parole or probation.                                        structure, vehicle, aircraft, or watercraft.
     The sheriff may deny an application or revoke a permit if he                  It is unlawful to change, alter, or remove or obliterate the
receives a sworn affidavit stating articulable facts based upon personal      serial number of any firearm. Possession of such a firearm is prima
knowledge from any natural person who is at least 18 years of age that        facie evidence that the possessor has changed, altered, removed or
the applicant or permittee has or may have committed an offense or            obliterated the serial number.           It is unlawful to hunt from an
engaged in any other activity which would preclude the issuance of a          aircraft, helicopter or motor driven vehicle, including snowmobiles. A
permit to the applicant or require the revocation of a permit.                paraplegic hunter may shoot from any stopped motor vehicle which
     If the sheriff receives notification submitted by a court or law         is not parked on the traveled portion of a public highway.
enforcement agency, that a permittee or an applicant for a permit                  It is unlawful to discharge a firearm from, upon, or across any
has been charged with a crime involving the use or threatened use             federal or state highway or main or general country road or in any
of force or violence, the sheriff shall revoke or suspend the permit          public place where any person might be endangered thereby.
or the processing of the application until the final disposition of the            It is unlawful to manufacture or sell any metal penetrating bullet
charges. If a permittee is acquitted of the charges, or if the charges are    capable of being fired from a handgun.
dropped, the sheriff shall restore the permit without imposing a fee.              No county or city may regulate the transfer, possession,
     A permittee shall not carry a concealed firearm while he is on the       registration, and licensing of firearms and ammunition.
premises of a public building that is located on the property of:                  The State of Nevada is the only governmental entity in this state
1) a public airport                                                           that may commence a lawsuit against a manufacturer or distributor
2) a public school or the property of the Nevada System of Higher             of a firearm or ammunition or a trade association related to firearms
     Education, unless the permittee has obtained written permission          or ammunition for damages, abatement or injunctive relief resulting
     to carry a concealed firearm while he is on the premises of the          from or relating to the lawful design or manufacture of a firearm or
     public building                                                          ammunition or the marketing or sale of a firearm or ammunition to
3) a public building that has a metal detector at each public                 the public.
     entrance or a sign posted at each public entrance indicating that             No person has a cause of action against the manufacturer or
     no firearms are allowed in the building                                  distributor of any firearm merely because the firearm was capable of
     Public building means any building or office space occupied by           causing serious injury, damage, or death.
any component of the Nevada System of Higher Education and used
for	any	purpose	related	to	the	system;	or	any	building	occupied	by	           Sources:	Nev.	Rev.	Statutes	§§	12.107;	41.131;	202.255;	202.257;	
any federal, state, county, or city, school district or other political       202.265;	202.273;	202.275;	202.277;	202.280;	202.285;	202.300;	
subdivision of the State of Nevada and used for any public purpose. If        202.310;	202.350;	202.360;	202.3657;	202.366;	202.3663;	
only part of the building is occupied by an entity described herein, the      202.3667;	202.367;	202.3673;	503.010;	503.165
term means only that portion of the building which is so occupied.

  CAUTION: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or
  restatement of law. This summary does not include federal or local laws, ordinances or regulations. For any particular situation, a licensed
  local attorney must be consulted for an accurate interpretation. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND
  LOCAL.
                              This may be reproduced. It may not be reproduced for commercial purposes.

				
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Description: Nevada Rifle Sales Laws document sample