Experienced Reno weapons charge lawyer with 20 years defending gun and firearm cases across Northern Nevada
A weapons charge in Nevada can put your firearm rights, your freedom, and your record at risk all at once. Many people facing these charges have never been in trouble with the law before. They are gun owners who made a mistake about the rules, traveled across a state line where their permit no longer applied, or found themselves in a situation where a firearm became part of an arrest for something else entirely. With nearly 20 years of legal experience, Richard P. Davies, Esq. handles gun and weapons cases personally for clients in Reno, Sparks, Carson City, and across Northern Nevada.
Nevada law on firearms is a layered system. Different statutes cover concealed carry, possession by people with prior convictions, weapon enhancements that add years to other charges, and discharge offenses. Understanding which charges actually apply to your case is the first step in building a defense.
The Main Gun & Weapons Charges Under Nevada Law
Most weapons cases in Reno fall under one or more of the following statutes. Each carries different penalties and different defense considerations.
Carrying a Concealed Weapon Without a Permit (NRS 202.350)
Under NRS 202.350, concealed carry without a permit in Nevada is a category C felony. Carrying a concealed firearm without a valid CCW permit is one of the most common weapons charges in Northern Nevada, and it often catches otherwise law-abiding gun owners by surprise.
A weapon is considered concealed when it is carried in a way that is not discernible by ordinary observation. A handgun in a pocket, a glove compartment, or a closed bag may all qualify, depending on the circumstances. Out-of-state visitors are particularly vulnerable, because a permit valid in their home state may not be recognized in Nevada unless reciprocity exists.
Notably, simply forgetting to carry a valid permit on your person is treated as a $25 civil fine, not a criminal charge. Producing the permit to the prosecutor generally results in dismissal of the criminal charge.
Felon in Possession of a Firearm and Other Prohibited Person Charges (NRS 202.360)
Under NRS 202.360, Nevada law prohibits several categories of people from owning or possessing a firearm. The list most commonly catches felons in possession, but it extends well beyond that to include anyone convicted of a misdemeanor crime of domestic violence, fugitives from justice, unlawful users of controlled substances, people adjudicated as mentally ill, those subject to certain protective orders, and people residing in the United States illegally.
Penalties depend on which prohibited category applies. Possession by a felon, fugitive, or unlawful drug user is treated as a category B felony, while possession by someone adjudicated as mentally ill or unlawfully present in the United States is a category D felony with lower maximum penalties.
These cases often turn on whether the person actually qualifies as prohibited under the statute, whether they had constructive possession of the firearm, and whether the firearm was lawfully discovered during the encounter that led to the charge.
Use of a Deadly Weapon in Commission of a Crime (NRS 193.165)
NRS 193.165 is not a standalone charge. It is a sentencing enhancement that may be added to nearly any underlying felony when a deadly weapon is used in the commission of that crime. The enhancement adds significant additional prison time on top of whatever sentence the underlying offense carries, though it may not exceed the sentence for the underlying crime itself.
The enhancement applies when the weapon was used or displayed to cause fear in conscious furtherance of the crime. Mere passive possession is not enough. Importantly, the enhancement may apply even to accomplices who did not personally hold or use the weapon, as long as they participated in the underlying offense.
Because the enhancement can effectively double a prison sentence, weapon-enhancement cases require careful defense work focused on whether the weapon was actually used in furtherance of the underlying crime, whether the defendant knew an accomplice was armed, and whether the underlying charge can be reduced or dismissed.
Discharging a Firearm at or From a Structure or Vehicle (NRS 202.285 and NRS 202.287)
Two related Nevada statutes address situations where firearms are discharged in or near structures and vehicles. NRS 202.285 addresses discharge into a structure, vehicle, aircraft, or watercraft, and treats the offense as a category B felony when the target is occupied. NRS 202.287 addresses discharge from within a structure or vehicle, and treats the offense as a category B felony when it occurs in a populated area as designated by local ordinance. In both statutes, the same conduct may be prosecuted as a misdemeanor when the aggravating condition is absent.
These charges often arise from disputes that escalate, situations where a firearm is fired in anger or out of frustration without intent to actually hit a person, or accidental discharges treated as malicious by prosecutors. Defense work in these cases frequently focuses on the wanton or malicious element, the location and circumstances of the discharge, and whether self-defense or defense of others may apply.
Drawing or Brandishing a Deadly Weapon (NRS 202.320)
NRS 202.320 makes it a misdemeanor to draw or exhibit a deadly weapon in a rude, angry, or threatening manner, or to use one in a fight unless in necessary self-defense. Brandishing charges commonly arise from road-rage incidents, bar disputes, neighbor disagreements, and confrontations where no one was actually harmed.
While the penalty is lower than the felony weapons charges, a brandishing conviction still creates a permanent criminal record and may affect firearm rights, employment, and licensing.
Frequently Asked Questions
It depends on the specific charge. Brandishing under NRS 202.320 carries up to six months in jail. Carrying a concealed weapon without a permit under NRS 202.350 carries one to five years in state prison. Possession of a firearm by a felon under NRS 202.360 carries one to six years. Firing at an occupied structure or vehicle under NRS 202.285 carries one to ten years. Firing from within a structure or vehicle in a populated area under NRS 202.287 carries two to fifteen years. Weapon enhancements under NRS 193.165 can add an additional one to twenty years on top of the underlying crime, which is why these cases require careful defense work.
Not always. The outcome matters as much as the original charge. A successful defense, charge reduction to a non-firearm-prohibiting offense, or full dismissal may preserve firearm rights entirely. A felony conviction will generally end firearm rights under both state and federal law. A misdemeanor conviction usually has no firearm consequence, with one significant exception explained in the federal restrictions section above. The earliest move in most cases is to identify whether a non-prohibiting resolution is realistic given the facts.
Nevada does not have a duty-to-inform law, which means a CCW permit holder is not legally required to volunteer the fact that they are armed during a traffic stop. However, under NRS 202.3667, a permit holder must carry the permit and identification, and must produce both if a peace officer requests them. As a practical matter, many practitioners recommend disclosing the firearm calmly and early in the encounter to avoid surprising the officer, particularly if the firearm might become visible while reaching for a license or registration. Stay calm, keep your hands visible, do not reach for the firearm, and follow the officer's instructions. If the encounter results in a charge, contact a defense attorney as soon as possible.
Nevada recognizes concealed carry permits from a number of states under reciprocity agreements, but not all. Whether your home-state permit is valid in Nevada depends on your state of issuance and the current reciprocity list maintained by the Nevada Department of Public Safety. Carrying with a non-recognized permit may be treated the same as carrying with no permit at all, which is a category C felony.
Generally, no. The federal firearm prohibition that attaches to a misdemeanor crime of domestic violence does not expire with time, and is not erased by completing probation, paying the fine, or having years pass without further trouble. Many people are caught off guard when they try to purchase a firearm and the background check returns a denial based on a conviction they considered long resolved. Anyone in this situation should speak with a defense attorney before purchasing or attempting to possess a firearm.
The petition is filed with the Nevada Board of Pardons Commissioners, which under NRS 213.010 is composed of the Governor, the Justices of the Nevada Supreme Court, and the Attorney General. The board meets four times a year or as often as the board decides. Pardons that include firearm rights restoration are not granted automatically. The process favors people who can demonstrate rehabilitation, sustained good conduct, and a genuine reason for needing firearm rights restored. Working with an attorney familiar with the process generally improves the petition's chances.
In practical terms, three different scenarios are possible. A person can be charged with both a standalone weapons offense and an enhancement attached to a separate felony at the same time. A person can be charged only with a standalone weapons offense and no underlying felony. Or a person can face the enhancement alone as part of another felony case without any standalone weapons charge. Each scenario produces a different case posture, and which scenario applies often determines what the prosecutor is willing to negotiate.
Weapon Possession Restrictions Many People Do Not Know About
Some weapons are entirely prohibited in Nevada regardless of permit or background. Under NRS 202.350, it is unlawful to manufacture, import, possess, or sell items including blackjacks, slungshots, billies, sand-clubs, sandbags, and metal knuckles. The same statute prohibits machine guns and silencers unless authorized by federal law. Possession of nunchaku or trefoils with intent to harm is also restricted. A separate statute, NRS 202.275, addresses short-barreled rifles and shotguns, treating unauthorized possession as a category D felony.
Nevada also restricts where lawful gun owners may carry firearms even with a valid permit. Schools, child care facilities, certain government buildings, airport secured areas, and other specifically identified locations are off-limits, and carrying in those locations may result in additional charges separate from any underlying possession or permit issue.
Federal Firearm Restrictions That Overlap With Nevada Charges
A Nevada gun charge may carry federal consequences as well. Under federal law, anyone convicted of a felony in any court is barred from possessing firearms or ammunition under 18 U.S.C. § 922(g)(1). A misdemeanor crime of domestic violence triggers a separate federal firearm prohibition under 18 U.S.C. § 922(g)(9). These federal bans apply nationwide and are not lifted by Nevada record sealing or restoration.
For Nevada residents whose rights have been affected by a prior conviction, the only path to restored firearm rights is generally a Nevada gubernatorial pardon, and federal restrictions may still apply in some circumstances even after a state pardon.
How a Reno Weapons Charge Lawyer Builds a Defense
Every case is different, and no attorney can promise a particular result. What an experienced Reno weapons charge lawyer can do is examine each element the prosecution must prove and identify where the case may be challenged.
Beyond the charge-specific issues described above, several considerations cut across all weapons cases. Search and seizure analysis is often the first move because firearm evidence frequently comes to light during traffic stops, consent searches, or executions of warrants where the legal basis can be challenged. Charging decisions can be negotiated. Prosecutors sometimes have flexibility on whether to file a felony or a misdemeanor, whether to add a weapon enhancement, and whether to consolidate or sever charges. Early engagement with the prosecutor, before charging decisions harden, frequently produces better outcomes than waiting until the case is set for preliminary hearing or trial.
For first-time offenders with no prior record, alternative resolutions like deferred sentencing, diversion programs, or charge reductions to non-firearm-prohibiting offenses may be available depending on the specific facts and the prosecutor's position.
Richard P. Davies, Esq. handles criminal defense cases throughout Northern Nevada, including violent crimes, assault charges, drug charges, and weapons-related allegations. For clients whose cases resolve favorably, record sealing may be available after a waiting period to clear the matter from public view. Felony cases in Washoe County are heard in the Second Judicial District Court, while Carson City matters are heard in the First Judicial District Court.