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There's a general perception that Nevada is like the Wild
West, and that everybody carries guns.
The truth is that Nevada is a state that
is a strong Second Amendment state.
And it is lawful to carry a concealed weapon
in the state of Nevada, if you have a concealed weapons
permit which is fairly easy to obtain,
for someone who does not have a criminal history.
However, it is unlawful to carry a concealed weapon
if you don't have a concealed weapons permit.
If you carry a concealed dirk or dagger or knife
it's a misdemeanor that carries up to six months in jail,
for a first offense.
For second offense, it would be treated
as a gross misdemeanor-- up to a year in jail.
Carrying a concealed firearm, without a permit,
is a category C felony which carries
a penalty of up to five years in state prison.
What is the definition of concealed weapon?
A concealed weapon is when you possess
a weapon that is not readily observable.
So if you carry it hidden in a pocket,
if there's a jacket that covers it, and it can't be seen,
that would constitute carrying a concealed weapon.
Defenses to carry a concealed weapon-- often
we see factual scenarios where a client may tell us
that the weapon they had was prominently displayed
on their hip, may have been a holster,
and they say it was completely exposed and readily observable.
An accuser might say that their shirt was covering the weapon,
or a jacket was covering the weapon,
and, ultimately, it's the state's burden
to prove, beyond a reasonable doubt,
that the weapon was not readily observable, in order
to obtain a conviction for this charge.
At the Las Vegas Defense Group we've
had a lot of success defending people on these charges.
If our client has a legitimate reason for carrying the weapon;
if there's a legitimate issue of fact
as to whether or not the weapon was readily observable;
if our client has a lack of criminal history;
there's a very strong chance that we're
going to be able to negotiate a really good resolution,
with a reduced charge, in the event
that we can't get the case dismissed altogether.