Ammunition Regulation in Nevada

Nevada does not:

  • Require a license for the sale of ammunition;
  • Obligate ammunition purchasers to obtain a license; or
  • Require sellers of ammunition to maintain a record of the purchasers.

Regulation of Unreasonably Dangerous Ammunition

Nevada prohibits the manufacture or sale of any “metal-penetrating bullet” capable of being fired from a handgun.1 A “metal-penetrating bullet” means a bullet whose core reduces the normal expansion of the bullet upon impact, and is at least as hard as the maximum hardness attainable using solid red metal alloys, and that can be used in a handgun.2

Persons Prohibited from Purchasing/Possessing Ammunition

In Nevada, a person may not sell or otherwise dispose of any ammunition to another person if the seller or transferor has “actual knowledge” that the person:

  • Is under indictment for, or has been convicted of, a felony in Nevada, any other state, or under federal law;
  • Is a fugitive from justice;
  • Has been adjudicated as mentally ill or has been committed to any mental health facility; or
  • Is illegally or unlawfully in the United States.3

See our Ammunition Regulation policy summary for a comprehensive discussion of this issue.

Notes
  1. Nev. Rev. Stat. Ann. § 202.273(1). ⤴︎
  2. Nev. Rev. Stat. Ann. § 202.273(4). ⤴︎
  3. Nev. Rev. Stat. Ann. § 202.362(1). ⤴︎

Background Check Procedures in Nevada

See our Background Check Procedures policy summary for a comprehensive discussion of this issue.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to thesale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (NICS) database. (Note that state files are not always included in the federal database.)

Nevada is a point of contact state for firearm purchaser background checks. In Nevada, the Nevada Department of Public Safety (NDPS), through its Brady Point of Sale program, serves as the state point of contact for implementation of the Brady Act.1 Licensed dealers must process each firearm transfer through NDPS, which in turn uses NICS and other databases to verify that prospective purchasers are not prohibited from possessing a firearm.2

In early 2019, Nevada passed a law (effective January 2, 2020) that requires most sales and transfers between private individuals to be processed through a federally licensed dealer to ensure that a background check is conducted.3 For more information about private sale background check requirements see our page on Private Sales in Nevada.

Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.4 As a result, holders of Nevada concealed carry permits5 are exempt from the federal background check requirement.6 Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.

Notes
  1. “Permanent Brady State Lists,” Federal Bureau of Investigation, accessed April 29, 2019, https://www.atf.gov/rules-and-regulations/permanent-brady-state-lists. ⤴︎
  2. For more information on the Point of Sale program, visit the Nevada Department of Public Safety’s Point of Sale program page. ⤴︎
  3. 2019 NV S 143. ⤴︎
  4. Federal law exempts persons who have been issued state permits to purchase or possess firearms from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). ⤴︎
  5. Only permits issued on or after July 1, 2011 qualify. ⤴︎
  6. “Permanent Brady Chart,” Bureau of Alcohol, Tobacco, Firearms & Explosives, accessed April 29, 2019, https://www.atf.gov/rules-and-regulations/permanent-brady-permit-chart. ⤴︎

Categories of Prohibited People in Nevada

See our Categories of Prohibited People policy summary for a comprehensive discussion of this issue.

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Similarly, Nevada prohibits any person from owning or possessing a firearm if he or she:

  • Has been convicted of a felony in Nevada, any other state, or under federal law;
  • Has been convicted of a misdemeanor crime of domestic violence, as defined by federal law, in Nevada or any other state;
  • Has been convicted of stalking under Nevada law, or convicted of a similar law of any other state that prohibits substantially similar conduct;1
  • Is currently subject to an extended order for protection against domestic violence under Nevada law or an equivalent order in any other state;
  • Is a fugitive from justice;
  • Is an unlawful user of, or addicted to, any controlled substance;
  • Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control;
  • Has been adjudicated mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;
  • Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;
  • Has been found guilty but mentally ill in a court of this State, any other state or the United States;
  • Has been acquitted by reason of insanity in a court of this State, any other state or the United States; or
  • Is illegally or unlawfully in the United States.2

In 2016, Nevada voters approved a ballot initiative to require background checks on private sales of firearms. However, after the FBI announced that it would not conduct background checks in the manner the initiative required it to, the Nevada Attorney General issued an opinion stating that individuals would not be prosecuted for failing to conduct background checks on private sales. Nevada currently lacks an enforceable process to conduct background checks on private sales of firearms.

Nevada does, however, provide that a private person who wishes to transfer a firearm may request that the Central Repository for Nevada Records of Criminal History perform a background check on the transferee. See the Nevada Private Sales section for further information.

Notes
  1. Under Nevada law, stalking is committed when a person “willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed or fearful for the immediate safety of a family or household member.” Nev. Rev. Stat. Ann. § 200.575. ⤴︎
  2. Nev. Rev. Stat. Ann. § 202.360(1), (2). ⤴︎

Child Access Prevention in Nevada

Nevada prohibits any person from aiding or knowingly permitting a “child” (person under age 18) to handle or possess any firearm, except while accompanied by or under the immediate charge of a parent, guardian, or adult authorized to have control or custody of the child.1 The penalty rises to a felony if an individual violates this prohibition and knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act.2

A person does not aid or knowingly permit a child to violate this prohibition if:

  • The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;
  • The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;
  • The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or
  • The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.3

Nevada also provides that if a parent, guardian or other person legally responsible for a minor under age 18:

  • Knowing that the minor has previously been adjudicated delinquent or has been convicted of a criminal offense;
  • Knowing that the minor has a propensity to commit violent acts; or
  • Knowing or having reason to know that the minor intends to use the firearm for unlawful purposes,

permits the minor to use or possess a firearm, any negligence or willful misconduct of the minor in connection with such use or possession is imputed to the person who permits such gun use or possession for all purposes of civil damages, and is jointly and severally liable with the minor for any and all civil damages caused by such negligence or willful misconduct.4

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

Notes
  1. Nev. Rev. Stat. Ann. § 202.300(1), (2). ⤴︎
  2. Nev. Rev. Stat. Ann. § 202.300(2)(b), (c). ⤴︎
  3. Nev. Rev. Stat. Ann. § 202.300(3). ⤴︎
  4. Nev. Rev. Stat. Ann. § 41.472(1). ⤴︎

Concealed Weapons Permitting in Nevada

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Nevada is a “shall issue” state, meaning that local law enforcement must issue a concealed firearm permit if the applicant meets certain qualifications.

Any person who is a resident of Nevada may apply to the sheriff of the county in which he or she resides for a concealed firearm permit1. When an individual applies for or attempts to renew a concealed firearm permit, the sheriff shall conduct an investigation of the applicant to determine if he or she is eligible for a permit and include a report from the National Instant Criminal Background Check System.2

The sheriff must issue a permit to carry handguns to any person qualified to possess each such firearm, who:

  • Is 21 years of age or older;3
  • Is not prohibited from possessing a firearm4; and
  • Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that he or she successfully completed an approved course in firearm safety, including instruction in the use of handguns and in the laws of Nevada relating to the use of a firearm5.

The sheriff must deny an application or revoke an existing permit if he or she determines that the applicant or permittee:

  • Has an outstanding warrant for his or her arrest;
  • Has been judicially declared incompetent or insane;
  • Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding five years;
  • Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired;
  • Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor during the immediately preceding three years;
  • Has been convicted of a felony in Nevada, any other state, or under federal law;
  • 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;
  • Is currently on parole or probation;
  • Has, within the immediately preceding five years, been subject to any requirements imposed by a court as a condition to the court’s withholding of the entry of judgment for his or her conviction of a felony, or suspension of his or her sentence for the conviction of a felony;
  • Has made a false statement on any application for a concealed firearm permit or for the renewal of a permit; or
  • Is less than 21 years of age and was discharged from military service under conditions other than honorable.6.

In addition, the sheriff may deny an application or revoke a permit if he or she receives a “sworn affidavit stating articulable facts based upon personal knowledge” from any person 18 years of age or older that the applicant or permittee is prohibited from possessing a permit7. In addition, if the sheriff receives notification from a court or law enforcement agency that a permittee or applicant 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, the sheriff must suspend the person’s permit or the processing of his or her application until the final disposition of the charges8.

The fee for a permit is set by the issuing sheriff, but may not exceed $609.

Sheriffs have the authority to issue temporary permits10. For every temporary permit issued, the sheriff must provide information concerning the permit and the person to whom it has been issued to the Central Repository for Nevada Records of Criminal History11.

Nevada prohibits any person from carrying concealed upon his or her person any firearm without a valid permit issued under state law12.

Firearm Safety Training

Applicants for a concealed firearm permit must demonstrate competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:

  • Successfully completed a course in firearm safety approved by a sheriff in Nevada; or
  • 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 safety13.

The course must include instruction in the use of handguns, as well as instruction on Nevada’s laws relating to the use of a firearm. A sheriff may not approve a course in firearm safety unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association14.

Duration & Renewal

A concealed firearm permit expires roughly five years from the date of issuance or renewal, the expiration date being the permittee’s birthday nearest the date of issuance or renewal15. A renewal applicant is subject to the same eligibility investigation as an initial applicant.16

Disclosure or Use of Information

Generally, an application for a concealed firearm permit, all information contained within that application, and all information provided to a sheriff or obtained by a sheriff in the course of his or her investigation, are confidential17. Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution, and statistical abstracts of data compiled by a sheriff, including, but not limited to, the number of applications received and permits issued, may be released to any person18.

Reciprocity

On or before July 1 of each year, the Nevada Department of Public Safety must:

  • 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;
  • Determine whether each state has an electronic database which identifies each individual who possesses a valid permit to carry a concealed firearm that a Nevada law enforcement officer may access at all times through a national law enforcement telecommunications system; and
  • Prepare a list of states that meet the aforementioned requirements and provide the list to each law enforcement agency in Nevada19.

A person who possesses a permit to carry a concealed firearm issued by a state included in the list may carry a concealed firearm in Nevada in accordance with Nevada’s concealed firearm permitting laws20. A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list may not carry a concealed firearm in Nevada if the person:

  • Becomes a Nevada resident; and
  • Has not been issued a permit from the sheriff of the county in which he or she resides within 60 days after becoming a Nevada resident21.
Notes
  1. Nev. Rev. Stat. Ann. § 202.3657(1). Any person who is not a resident may apply for a permit to the sheriff of any county in the state. Id. ⤴︎
  2. Nev. Rev. Stat. Ann. § 202.366(1). ⤴︎
  3. A person older than 18, but younger than 21, may be eligible to carry a concealed firearm if that person is a member of US Armed Forces or the National Guard, or was honorably discharged from military service. See 2017 NV A 118, amending Nev. Rev. Stat. Ann, § 202.2657. ⤴︎
  4. See Nev. Rev. Stat. Ann, § 202.360 and the Nevada Background Checks section. ⤴︎
  5. Nev. Rev. Stat. Ann. § 202.3657(3). ⤴︎
  6. Nev. Rev. Stat. Ann. § 202.3657(4). ⤴︎
  7. Nev. Rev. Stat. Ann. § 202.3657(5). ⤴︎
  8. Nev. Rev. Stat. Ann. § 202.3657(6). ⤴︎
  9. Nev. Rev. Stat. Ann. § 202.3657(7)(i). Additional application requirements and the background check investigation process are outlined under Nev. Rev. Stat. Ann. §§ 202.3657(7) and 202.366. ⤴︎
  10. Nev. Rev. Stat. Ann. § 202.3657(7)(i). Additional application requirements and the background check investigation process are outlined under Nev. Rev. Stat. Ann. §§ 202.3657(7) and 202.366. ⤴︎
  11. Id. ⤴︎
  12. Nev. Rev. Stat. Ann. § 202.350(1)(d)(3). ⤴︎
  13. Nev. Rev. Stat. Ann. § 202.3657(2), (3). ⤴︎
  14. Id. ⤴︎
  15. Nev. Rev. Stat. Ann. § 202.366(4). See Nev. Rev. Stat. Ann. § 202.3677 for renewal provisions. ⤴︎
  16. Nev. Rev. Stat. Ann. § 202.366(1). ⤴︎
  17. Nev. Rev. Stat. Ann. § 202.3662. ⤴︎
  18. Nev. Rev. Stat. Ann. § 202.3662. ⤴︎
  19. Nev. Rev. Stat. Ann. § 202.3689(1). The Department of Public Safety shall, upon request, make the list of states with which Nevada has reciprocity available to the public. Nev. Rev. Stat. Ann. § 202.3689(2). ⤴︎
  20. Nev. Rev. Stat. Ann. § 202.3688(1), (3). ⤴︎
  21. Nev. Rev. Stat. Ann. § 202.3688(2). ⤴︎

Disarming Prohibited People in Nevada

See our Disarming Prohibited People policy summary for a comprehensive discussion of this issue.

Extreme Risk Protection Orders

In 2019, Nevada enacted a law that enables certain individuals to petition a court to remove guns from a person in crisis.1 The law, called an order for protection against high-risk behavior, also referred to as an extreme risk protection order (ERPO), allows a law enforcement officer, or family or household member to file a petition demonstrating to a judge that an individual poses a danger to himself, herself, or others. If the court determines that the petitioner has met the standard of proof, it will issue an order that lasts up to one year. An individual subject to an ERPO must relinquish his or her guns to law enforcement and will be prohibited from possessing firearms for the duration of the order.

A temporary ERPO can be obtained without notice to the individual subject to the ERPO. This order can last up to seven days, before a hearing is held to determine whether a year-long order is appropriate.2

The petitioner can submit a request to hold a hearing to terminate the order early.3

Read more about these types of laws on our policy page, Extreme Risk Protection Orders.

Relinquishment Of Firearms By People Convicted Of Firearm-prohibiting Crimes

Under Nevada law, if a prohibited person is convicted of a crime, the court in which the person is convicted must order the person to surrender any firearm that the person owns or possesses, to a designated law enforcement agency, a person designated by court order or a licensed firearm dealer.4 The person must, within 24 hours of service of the order:

  • Surrender any firearm that the person owns or possesses to the appropriate local law enforcement agency designated by the court (the agency must provide the person with a receipt including a description and serial number of the firearm surrendered, this receipt must be presented to the court within 3 days);
  • Surrender any firearm that the person owns or possesses to a person designated by the court  (within 3 days, the person surrendering his or her firearms in this manner must provide to the court and the appropriate local law enforcement agency the name and address of the person designated in the order and a written description and serial number of each firearm surrendered to such person);
  • Sell or transfer any firearm the person owns or possesses to a licensed firearm dealer (the dealer shall provide the person with a receipt which includes a description and serial number of each firearm sold or transferred and the within three days the person must provide the receipt to the court and appropriate local law enforcement agency); or
  • Submit an affidavit informing the court that he or she does not own or possess any firearm and acknowledging that failure to surrender, sell or transfer any firearm he or she owns or possesses is a violation of the order and of Nevada law.5

If there is probable cause to believe that the person has not surrendered, sold or transferred any firearm that the person owns or possesses within 24 hours after service of the court order, then the court may issue and deliver to any law enforcement officer a search warrant authorizing the law enforcement officer to enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.6

See the Nevada Domestic Violence & Firearms section for further information about how Nevada law disarms persons who have been convicted of domestic violence or who are subject to a domestic violence restraining order.

Notes
  1. 2019 NV AB 291. ⤴︎
  2. Id. ⤴︎
  3. Id. ⤴︎
  4. Nev. Rev. Stat. Ann. § 202.361. ⤴︎
  5. Nev. Rev. Stat. Ann. § 202.361. ⤴︎
  6. Nev. Rev. Stat. Ann. § 202.361(5). ⤴︎

Domestic Violence & Firearms in Nevada

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

Nevada has no law:

  • Requiring the removal of firearms or ammunition at the scene of a domestic violence incident.

Firearm Prohibitions for Persons Convicted of Domestic Violence Misdemeanors

Nevada law mirrors federal law by prohibiting a person with a misdemeanor domestic violence conviction in any state from possessing firearms.1 In every conviction or admonishment of rights issued for a battery which constitutes domestic violence, the court must inform the person convicted that he or she is prohibited from owning, possessing, or having under his or her custody any firearm, and also order the person convicted to permanently surrender, sell, or transfer any firearm that he or she owns or has in his or her possession, custody, or control.2

If a court finds that a person convicted of stalking committed the crime against a family or household member and that the victim has an ongoing, reasonable fear of physical harm, then the court must enter such finding in its judgment of conviction or admonishment of rights and inform the person convicted that he or she is prohibited from owning or possessing any firearm. The court must also order the person convicted to permanently surrender, sell, or transfer any firearm that he or she owns or that is in his or her possession or control.3

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders

Nevada authorizes, but does not require, a court to include in an extended order for protection against domestic violence (issued after notice and a hearing) a requirement that prohibits the adverse party from possessing or having under his or her control any firearm while the order is in effect.4

In determining whether to include this provision in an extended order, a court must consider whether the adverse party:

  • Has a documented history of domestic violence;
  • Has used or threatened to use a firearm to injure or harass the applicant, a minor child or any other person; and
  • Has used a firearm in the commission or attempted commission of any crime.5

A court that includes this restriction in an extended order may also include a limited exception allowing possession or control of a firearm if:

  • The adverse party establishes that he or she is employed by an employer who requires the adverse party to use or possess a firearm as an integral part of the adverse party’s employment, and the adverse party only uses or possesses the firearm in the course of such employment; and
  • The employer will provide storage for any such firearm during any period when the adverse party is not working.6

Note that federal law also prohibits many domestic violence protective order defendants from possessing firearms.

Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued

In Nevada, a court may include in an extended order for protection against domestic violence a requirement that the adverse party surrender to law enforcement, or sell or transfer, any firearm in that person’s possession, custody or control.7

If a court orders an adverse party to surrender any firearm, that person must, not later than 24 hours after service of the order:

  • Surrender any firearms to the appropriate local law enforcement agency designated by the court in the order;
  • Surrender any firearms to a person designated by the court in the order;
  • Sell or transfer any firearms to a licensed firearm dealer; or
  • Submit an affidavit informing the court that he or she currently does not have any firearm in his or her possession and acknowledging that failure to surrender any firearm in his or her possession is a violation of the extended order and of Nevada law.8

If there is probable cause to believe that the adverse party has not surrendered, sold or transferred any firearm in his or her possession, custody or control within 24 hours after service of the order, the court may issue and deliver to any law enforcement officer a search warrant which authorizes law enforcement to enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.9

In determining whether to require an adverse party to surrender his or her firearms for the duration of the extended protective order, a court must consider whether the adverse party:

  • Has a documented history of domestic violence;
  • Has used or threatened to use a firearm to injure or harass the applicant, a minor child or any other person; and
  • Has used a firearm in the commission or attempted commission of any crime.10

A court that includes this restriction in an extended order may also include a limited exception allowing possession or control of a firearm if:

  • The adverse party establishes that he or she is employed by an employer who requires the adverse party to use or possess a firearm as an integral part of the adverse party’s employment, and the adverse party only uses or possesses the firearm in the course of such employment; and
  • The employer will provide storage for any such firearm during any period when the adverse party is not working.11
Notes
  1. Nev. Rev. Stat. Ann. § 202.360(1)(a). ⤴︎
  2. Nev. Rev. Stat. Ann. § 200.485(9). ⤴︎
  3. Nev. Rev. Stat. Ann. § 200.575(5),(6). ⤴︎
  4. Nev. Rev. Stat. Ann. § 33.031(1)(b). An extended order may be issued when a court is satisfied that specific facts demonstrate that an act of domestic violence occurred or a threat of domestic violence exists, and after the court provides notice to the adverse party and holds a hearing on the application for an order of protection. Nev. Rev. Stat. Ann. § 33.020(1), (3). ⤴︎
  5. Nev. Rev. Stat. Ann. § 33.031(2). ⤴︎
  6. Nev. Rev. Stat. Ann. § 33.031(3). ⤴︎
  7. Nev. Rev. Stat. Ann. § 33.031(1)(a). ⤴︎
  8. Nev. Rev. Stat. Ann. § 33.033(1). ⤴︎
  9. Nev. Rev. Stat. Ann. § 33.033(5). For additional information on the firearms surrender process, see Nev. Rev. Stat. Ann. § 33.033(2)-(4), (6). ⤴︎
  10. Nev. Rev. Stat. Ann. § 33.031(2). ⤴︎
  11. Nev. Rev. Stat. Ann. § 33.031(3). ⤴︎