Open carry is the practice of wearing a holstered handgun on one's body, usually the hip or leg, unconcealed by clothing (see photo, top), or more rarely, carrying a long-gun such as a rifle or shotgun (generally slung). Nevada has no laws prohibiting open carry and without a law criminalizing something, it is legal to do that thing (NRS 193.120). Know your rights during a police encounter.
No permit is required to openly carry a firearm. Anyone 18 and older who can legally possess a firearm may openly carry virtually anywhere in the state. Minors are not permitted to carry firearms openly outside of very narrow activities (NRS 202.300).
Very few individuals or tourists care about open carry, the skeptical regarding it as a harmless curiosity. It's practically a non-issue. Police officers and dispatchers have been trained that an open carrier minding his or her own business is not a threat or breaking the law. Don't let the fear of public perception or what an ill-informed instructor or friend said deter you from your right to self-defense. Unfortunately, some firearm and concealed carry instructors have been known to lie about the nature and legality of open carry.
Open carry is legal in more places than concealed carry is. Signs on public buildings only prohibit concealed carry (NRS 202.3673).
No permit is required to openly carry a firearm. Anyone 18 and older who can legally possess a firearm may openly carry virtually anywhere in the state. Minors are not permitted to carry firearms openly outside of very narrow activities (NRS 202.300).
Very few individuals or tourists care about open carry, the skeptical regarding it as a harmless curiosity. It's practically a non-issue. Police officers and dispatchers have been trained that an open carrier minding his or her own business is not a threat or breaking the law. Don't let the fear of public perception or what an ill-informed instructor or friend said deter you from your right to self-defense. Unfortunately, some firearm and concealed carry instructors have been known to lie about the nature and legality of open carry.
Open carry is legal in more places than concealed carry is. Signs on public buildings only prohibit concealed carry (NRS 202.3673).
Is open carry legal where I live or where I'm visiting?
Open carry is legal in every municipality of Nevada. The state legislature has prohibited cities and counties from passing their own regulations on firearms. City and county laws which prohibit carrying weapons are in violation of state law. No local laws or regulations may be more strict than state law. See: NRS 244.364 (county), NRS 268.418 (city), NRS 269.222 (town), NRS 407.0475(c) (state parks).
Open carry is legal in every municipality of Nevada. The state legislature has prohibited cities and counties from passing their own regulations on firearms. City and county laws which prohibit carrying weapons are in violation of state law. No local laws or regulations may be more strict than state law. See: NRS 244.364 (county), NRS 268.418 (city), NRS 269.222 (town), NRS 407.0475(c) (state parks).
State Prohibited Places
You can legally openly carry everywhere except for the following places:
The Legislative Counsel found in this opinion that open carry is permissible in public areas of public buildings.
- On the premises of a public or private school, on the property of the Nevada System of Higher Education, or a child care facility without written permission of the college president, school principal, or head of a public child care facility, including in the parking lot (NRS 202.265). This includes guns anywhere inside a car, even in a locked safe/container.
- A private in-home child care facility, except by the homeowner(s) or residents (NRS 202.265).
- The secure area of an airport (for instance, employee-only areas or past the TSA checkpoints).
- The legislative building or wherever the legislature is conducting business (NRS 218A.905).
- Library facilities where library rules prohibit firearms or open carry (not statutory, see Flores v. LVCCLD).
The Legislative Counsel found in this opinion that open carry is permissible in public areas of public buildings.
Federally Prohibited Places
Firearms, loaded or unloaded, concealed or openly carried, are prohibited in the following places
National Parks
Section 512, Credit CARD Act of 2009 (and 54 USC § 104906) changed federal law to make park firearm regulations reflect state law. Typically, the only restrictions on firearm carry are state and local laws. If it is legal elsewhere in the state, it is legal in the park and sections that conflict with state law regarding carrying and possessing firearms (but not shooting bans) do not apply. So though on National Park Service lands (National Parks, Monuments, etc.) carrying a firearm or possessing loaded firearms are prohibited in vehicles (unless one has a special park permit, usually for hunting), this does not apply if the state allows open and/or concealed carry, or loaded/unloaded firearms in vehicles.
The park buildings (visitor centers, offices, etc.) are still federal facilities and off-limits to firearms. Discharge of firearms, except when lawfully hunting, is generally prohibited. Discharge of firearms, except when lawfully hunting, is generally prohibited. The same applies for National Wildlife Refuges, 16 USC § 1a–7b.
- Inside federal facilities (including courthouses and offices like a Social Security office) 18 U.S. Code § 930;
- On military bases (military personnel should refer to DoD policy and post orders);
- Post Office property (includes the parking lot), but not post-office windows in stores (contract stations), 39 CFR 232.1(l);
- VA hospitals/facilities including federal veterans' cemeteries (carrying) 38 CFR 1.218 (13).
National Parks
Section 512, Credit CARD Act of 2009 (and 54 USC § 104906) changed federal law to make park firearm regulations reflect state law. Typically, the only restrictions on firearm carry are state and local laws. If it is legal elsewhere in the state, it is legal in the park and sections that conflict with state law regarding carrying and possessing firearms (but not shooting bans) do not apply. So though on National Park Service lands (National Parks, Monuments, etc.) carrying a firearm or possessing loaded firearms are prohibited in vehicles (unless one has a special park permit, usually for hunting), this does not apply if the state allows open and/or concealed carry, or loaded/unloaded firearms in vehicles.
The park buildings (visitor centers, offices, etc.) are still federal facilities and off-limits to firearms. Discharge of firearms, except when lawfully hunting, is generally prohibited. Discharge of firearms, except when lawfully hunting, is generally prohibited. The same applies for National Wildlife Refuges, 16 USC § 1a–7b.
Red Rock National Conservation Area is an exception and does not allow loaded firearms (no magazine/clip inserted, no rounds attached to the weapon or in the chamber). It is not a part of the National Park System and is managed by the Bureau of Land Management. See the supplemental rules section regarding weapons only here. More at the blog. Shooting on Bureau of Land Management land is permitted in most other areas, subject to local restrictions and county/city ordinances (BLM Recreational Shooting page). National Forest lands in Nevada have no ban on the carry of firearms.
Interstate Transportation Protection 18 USC § 926A
This section was intended to protect innocent passage of travelers who might have a firearm prohibited by local jurisdiction. For instance, a resident of a frontier state driving through California with an 'assault weapon' to another free state. The trip must be from one free state to another, the firearm unloaded, and neither the firearm nor any ammunition is readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Airports/Aircraft 49 CFR 1540.111 and 49 USC § 46505
Under federal law, firearms are prohibited beyond the TSA checkpoints. You also cannot attempt to enter a TSA checkpoint while armed, even by mistake. Check your bags! Even loose ammunition, empty magazines, spent cases, and miscellaneous gun parts have caused problems and prosecutions for travelers. Learn more about the TSA regulations.
Military Bases
Self-defense firearms are generally prohibited on base. New DoD guidelines have been published, but implementation is unknown. Almost uniformly, civilians may not possess firearms on base. Service-members may be required to store their weapons as their commanding officer directs. Check individual base and service branch regulations.
Hoover Dam prohibits firearms, 43 CFR 423.30. More information at the Hoover Dam Police page.
Indian Reservations
Firearm carry on Indian reservations is a gray area. Some reservations in Nevada do permit concealed carry with a valid concealed firearm permit, however, it may vary. Tribes cannot enforce tribal law on non-tribal members, though they can enforce state and federal law. You may be trespassed from the reservation and have your firearm confiscated. One should contact individual reservation authorities for clarification of their regulations.
Interstate Transportation Protection 18 USC § 926A
This section was intended to protect innocent passage of travelers who might have a firearm prohibited by local jurisdiction. For instance, a resident of a frontier state driving through California with an 'assault weapon' to another free state. The trip must be from one free state to another, the firearm unloaded, and neither the firearm nor any ammunition is readily accessible from the passenger compartment. In the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Airports/Aircraft 49 CFR 1540.111 and 49 USC § 46505
Under federal law, firearms are prohibited beyond the TSA checkpoints. You also cannot attempt to enter a TSA checkpoint while armed, even by mistake. Check your bags! Even loose ammunition, empty magazines, spent cases, and miscellaneous gun parts have caused problems and prosecutions for travelers. Learn more about the TSA regulations.
Military Bases
Self-defense firearms are generally prohibited on base. New DoD guidelines have been published, but implementation is unknown. Almost uniformly, civilians may not possess firearms on base. Service-members may be required to store their weapons as their commanding officer directs. Check individual base and service branch regulations.
Hoover Dam prohibits firearms, 43 CFR 423.30. More information at the Hoover Dam Police page.
Indian Reservations
Firearm carry on Indian reservations is a gray area. Some reservations in Nevada do permit concealed carry with a valid concealed firearm permit, however, it may vary. Tribes cannot enforce tribal law on non-tribal members, though they can enforce state and federal law. You may be trespassed from the reservation and have your firearm confiscated. One should contact individual reservation authorities for clarification of their regulations.
Do I have to obey ‘no guns’ signs on private property?
No, signs do not have the force of law in Nevada on private property. If the owner or management wants you to leave or disarm, you must comply or you can be arrested for trespassing. Nevada Carry recommends taking your business elsewhere and making sure that the owner or corporate management knows they lost your business for denying you the right to lawfully carry. The majority of Nevada businesses are firearm friendly.
In Nevada, Walmart's and other business' "request" not to open carry does not have the force of law until someone in authority asks you to leave. A verbal "request" can be ignored, but not a formal or implied warning that you will be trespassed. If you refuse a verbal request, a statement like "then I'm going to call the police," should be interpreted by you that they want you to leave and will have you trespassed. Leave or comply at that point or you will be talking to the police about trespassing.
No, signs do not have the force of law in Nevada on private property. If the owner or management wants you to leave or disarm, you must comply or you can be arrested for trespassing. Nevada Carry recommends taking your business elsewhere and making sure that the owner or corporate management knows they lost your business for denying you the right to lawfully carry. The majority of Nevada businesses are firearm friendly.
In Nevada, Walmart's and other business' "request" not to open carry does not have the force of law until someone in authority asks you to leave. A verbal "request" can be ignored, but not a formal or implied warning that you will be trespassed. If you refuse a verbal request, a statement like "then I'm going to call the police," should be interpreted by you that they want you to leave and will have you trespassed. Leave or comply at that point or you will be talking to the police about trespassing.
Can I open carry at the mall? Can I open carry at a casino?
Yes, legally you can carry on private property (except private schools and day-cares) even if there is a 'no guns' sign. However, most indoor malls and casinos will ask you to disarm or leave the property. All they can do is ask you to disarm or tell you to leave. Failure to do so would be a trespassing violation.
Can I open carry in a bar? Can I drink while open carrying?
There is no law against carrying open or concealed in bar or while drinking, however, it is a crime to be in possession of firearm when one’s blood alcohol content (BAC) is .08 or greater (NRS 202.257). AB 291 (2019) changed this from .10.
Yes, legally you can carry on private property (except private schools and day-cares) even if there is a 'no guns' sign. However, most indoor malls and casinos will ask you to disarm or leave the property. All they can do is ask you to disarm or tell you to leave. Failure to do so would be a trespassing violation.
Can I open carry in a bar? Can I drink while open carrying?
There is no law against carrying open or concealed in bar or while drinking, however, it is a crime to be in possession of firearm when one’s blood alcohol content (BAC) is .08 or greater (NRS 202.257). AB 291 (2019) changed this from .10.
Can I carry a gun near a school? Don't I have to be 1000 feet away?
This is a federal law that is not enforced by Nevada law enforcement. There is no applicable similar Nevada law (unlike California). You generally will not be prosecuted unless you are doing something else illegal, such as involved in gang activity or drug violations, that interest the Feds. You can carry a gun near a school, as long as you don't actually go on campus. The law was intended to apply to drug dealers and gang members, not the law abiding citizen, though its wording is unsatisfactorily vague and premise unconstitutional.
The Gun-Free School Zones Act of 1990 basically states that one cannot "knowingly to possess a firearm [...] in "a school zone." 'School zone' is defined as "in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school." It includes all public roads and sidewalks within that 1,000 foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee (state law does prohibit guns on campuses except with written authorization), or an unloaded weapon in a locked container/rack.
The law was found unconstitutional in its original version, so, to skirt the constitutional issue, the language was altered to say that it was a matter of 'interstate commerce' as all guns have moved in interstate travel as part of manufacturing and shipping and thus under the authority of Congress.
Why Child Care Facilities?
This includes in-home daycare, day and overnight camps, and daycare business per NRS 432A.024. A daycare within a business, such as casino would be off-limits, but not the larger business housing the daycare.. Unfortunately, an unprofessional group of bounty hunters attempted to arrest a wanted person and believed that she was at a children's day care. The incident was disturbing to the children and to the owner. The owner then contacted Assemblywoman Smith who, in 2007, successfully had the law amended to prohibit firearms in child care facilities. Click here for the citation from the legislative minutes.
To see what is and isn't a licensed child care facility, visit this DPBH webpage and look for the current list under the 'Resources' right-hand sidebar and click 'Providers.'
This is a federal law that is not enforced by Nevada law enforcement. There is no applicable similar Nevada law (unlike California). You generally will not be prosecuted unless you are doing something else illegal, such as involved in gang activity or drug violations, that interest the Feds. You can carry a gun near a school, as long as you don't actually go on campus. The law was intended to apply to drug dealers and gang members, not the law abiding citizen, though its wording is unsatisfactorily vague and premise unconstitutional.
The Gun-Free School Zones Act of 1990 basically states that one cannot "knowingly to possess a firearm [...] in "a school zone." 'School zone' is defined as "in, or on the grounds of, a public, parochial or private school; or (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school." It includes all public roads and sidewalks within that 1,000 foot buffer zone. It does not apply on private property, to a licensed concealed firearm permittee (state law does prohibit guns on campuses except with written authorization), or an unloaded weapon in a locked container/rack.
The law was found unconstitutional in its original version, so, to skirt the constitutional issue, the language was altered to say that it was a matter of 'interstate commerce' as all guns have moved in interstate travel as part of manufacturing and shipping and thus under the authority of Congress.
Why Child Care Facilities?
This includes in-home daycare, day and overnight camps, and daycare business per NRS 432A.024. A daycare within a business, such as casino would be off-limits, but not the larger business housing the daycare.. Unfortunately, an unprofessional group of bounty hunters attempted to arrest a wanted person and believed that she was at a children's day care. The incident was disturbing to the children and to the owner. The owner then contacted Assemblywoman Smith who, in 2007, successfully had the law amended to prohibit firearms in child care facilities. Click here for the citation from the legislative minutes.
To see what is and isn't a licensed child care facility, visit this DPBH webpage and look for the current list under the 'Resources' right-hand sidebar and click 'Providers.'
Can you open carry on the Strip or Downtown Las Vegas/Reno?
Yes. Casinos will likely ask you to leave or disarm if you are discovered carrying, but the only penalty is trespassing if you refuse to comply. Open carry is legal and police/security cannot stop it on public roads/sidewalks. Southern Nevada/Las Vegas Open Carry members have carried openly en masse several times in both Downtown and on the Strip.
Yes. Casinos will likely ask you to leave or disarm if you are discovered carrying, but the only penalty is trespassing if you refuse to comply. Open carry is legal and police/security cannot stop it on public roads/sidewalks. Southern Nevada/Las Vegas Open Carry members have carried openly en masse several times in both Downtown and on the Strip.
This sign lists the section that defines "firearm."
"Public" means a government building (owned by cities, the state, counties, local districts, etc.). This does not mean private property open to the public, like casinos, stores, and other businesses.
Private Property
Yes, legally you can carry on private property (except private schools and daycares) even if there is a 'no guns' sign. The NRS citation on signs are for non-applicable sections, are nonsense, or just the trespassing law. However, most indoor malls and casinos will ask you to disarm or leave the property if you are discovered. All they can do is ask you to disarm or tell you to leave. Failure to do so would be a trespassing violation. Private property owners have the right to choose to allow or prohibit firearms. State preemption does not apply on private property, which includes HOA property. See below for a partial list of known anti-gun locations.
Private Property
Yes, legally you can carry on private property (except private schools and daycares) even if there is a 'no guns' sign. The NRS citation on signs are for non-applicable sections, are nonsense, or just the trespassing law. However, most indoor malls and casinos will ask you to disarm or leave the property if you are discovered. All they can do is ask you to disarm or tell you to leave. Failure to do so would be a trespassing violation. Private property owners have the right to choose to allow or prohibit firearms. State preemption does not apply on private property, which includes HOA property. See below for a partial list of known anti-gun locations.
Can I open carry at a state or local government building (library, museum, city hall, DMV, courthouse, etc.)?
Yes. NRS 202.3673 specifically states that 'no guns' signs or metal detectors must be present at each public entrance and this restriction only applies to concealed carry and not open carry. Illegal harassment may occur, however numerous reports advise the DMV and other state buildings are open carry friendly environments. Government employees and non-public areas are subject to internal policies regarding weapons. Read more about this on the local laws page. Read this opinion from the Legislative Counsel Bureau affirming that open carry is legal in public buildings.
Can I open carry in a local park?
Yes. Park rules prohibiting carrying or possessing a firearm in the park are illegal under state law, and would be null and void. For Clark County parks in particular, this letter is what the commander park police had to say about their former ban.
Yes. NRS 202.3673 specifically states that 'no guns' signs or metal detectors must be present at each public entrance and this restriction only applies to concealed carry and not open carry. Illegal harassment may occur, however numerous reports advise the DMV and other state buildings are open carry friendly environments. Government employees and non-public areas are subject to internal policies regarding weapons. Read more about this on the local laws page. Read this opinion from the Legislative Counsel Bureau affirming that open carry is legal in public buildings.
Can I open carry in a local park?
Yes. Park rules prohibiting carrying or possessing a firearm in the park are illegal under state law, and would be null and void. For Clark County parks in particular, this letter is what the commander park police had to say about their former ban.
Can I open carry in the airport?
Yes, as long as you are in the non-secure areas (outside TSA checkpoints), such as the parking garages, ticket counters, baggage claim, terminal shops area, etc. Concealed carry is still prohibited and terminals should be posted. You also cannot attempt to enter a TSA checkpoint while armed, even by mistake. 49 CFR 1540.111 and 49 USC § 46505
Yes, as long as you are in the non-secure areas (outside TSA checkpoints), such as the parking garages, ticket counters, baggage claim, terminal shops area, etc. Concealed carry is still prohibited and terminals should be posted. You also cannot attempt to enter a TSA checkpoint while armed, even by mistake. 49 CFR 1540.111 and 49 USC § 46505
What if I'm from out-of-state or from another country?
Residents of other states and persons legally in the United States (including foreign tourists) may practice open carry (or car carry). Illegal immigrants may not possess a firearm.
Do I have to carry unloaded or without a round in the chamber?
In Nevada, anyone who carries openly can carry with a round in the chamber and full magazine or cylinder. This is the recommended method of carry. If you do not feel comfortable carrying with a round in the chamber, then it is likely you are not comfortable or knowledgeable enough about firearms to safely carry regularly for self-defense. Quality, modern firearms do not discharge by themselves. Proper trigger discipline and practice drawing and re-holstering will help prevent a negligent discharge. Carry loaded or not at all.
Won’t North Las Vegas Police harass me for open carrying? Isn't open carry illegal in North Las Vegas?
Open carry/car carry is not illegal in North Las Vegas. Police probably will not bother you. If they do, they are in violation of state preemption of local laws. Sadly, recent incidents have come to our attention that North Las Vegas Police (and other local agencies) do unlawfully detain and lie to citizens, telling them their legally carried firearm is illegal. If such unethical conduct occurs, you are encouraged to file a citizen's complaint, contact an attorney, and contact Nevada Carry.
Many concealed carry instructors, gun stores, lawyers, reporters, and self-appointed authorities perpetuate the myths, unfortunately. Open carry in North Las Vegas is alive and well. Open carry cannot be prohibited anywhere by counties, cities, or towns; state law is the only source of laws regarding firearm carry.
Do I need to carry my blue card with me when I open carry?
No. Blue cards are not required at all anymore. Handgun registration in Clark County has been abolished. A blue card was never a license to carry a firearm, simply a receipt of registration.
Residents of other states and persons legally in the United States (including foreign tourists) may practice open carry (or car carry). Illegal immigrants may not possess a firearm.
Do I have to carry unloaded or without a round in the chamber?
In Nevada, anyone who carries openly can carry with a round in the chamber and full magazine or cylinder. This is the recommended method of carry. If you do not feel comfortable carrying with a round in the chamber, then it is likely you are not comfortable or knowledgeable enough about firearms to safely carry regularly for self-defense. Quality, modern firearms do not discharge by themselves. Proper trigger discipline and practice drawing and re-holstering will help prevent a negligent discharge. Carry loaded or not at all.
Won’t North Las Vegas Police harass me for open carrying? Isn't open carry illegal in North Las Vegas?
Open carry/car carry is not illegal in North Las Vegas. Police probably will not bother you. If they do, they are in violation of state preemption of local laws. Sadly, recent incidents have come to our attention that North Las Vegas Police (and other local agencies) do unlawfully detain and lie to citizens, telling them their legally carried firearm is illegal. If such unethical conduct occurs, you are encouraged to file a citizen's complaint, contact an attorney, and contact Nevada Carry.
Many concealed carry instructors, gun stores, lawyers, reporters, and self-appointed authorities perpetuate the myths, unfortunately. Open carry in North Las Vegas is alive and well. Open carry cannot be prohibited anywhere by counties, cities, or towns; state law is the only source of laws regarding firearm carry.
Do I need to carry my blue card with me when I open carry?
No. Blue cards are not required at all anymore. Handgun registration in Clark County has been abolished. A blue card was never a license to carry a firearm, simply a receipt of registration.
Does my gun have to be visible from three sides?
No. The Nevada standard is that the firearm be discernible by ordinary observation, i.e. if you can tell it is a gun, it is openly carried. Read more on the concealed carry page.
Do my magazines have to be visible too?
No, you can cover up your magazines or have them in a pocket. Only the firearm has to be exposed for open carry.
If I use an inside the waistband holster (IWB), where only the butt of my pistol is visible, is that open carry?
Yes. The requirement for a weapon to be openly carried is that it is carried upon the person in such a manner as to be discernible by ordinary observation. In other words, if you can see it and tell that it’s a gun, it’s openly carried. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried. Thankfully, Nevada doesn’t have such a law. However, some uninformed citizens may find this more alarming than an outside the waistband holster due to the perception that the carrier might be an unsavory person whose concealed firearm is partially exposed. Generally, this method is done as an expedient to comply with laws prohibiting concealed carry by technically openly carrying only while necessary.
No. The Nevada standard is that the firearm be discernible by ordinary observation, i.e. if you can tell it is a gun, it is openly carried. Read more on the concealed carry page.
Do my magazines have to be visible too?
No, you can cover up your magazines or have them in a pocket. Only the firearm has to be exposed for open carry.
If I use an inside the waistband holster (IWB), where only the butt of my pistol is visible, is that open carry?
Yes. The requirement for a weapon to be openly carried is that it is carried upon the person in such a manner as to be discernible by ordinary observation. In other words, if you can see it and tell that it’s a gun, it’s openly carried. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried. Thankfully, Nevada doesn’t have such a law. However, some uninformed citizens may find this more alarming than an outside the waistband holster due to the perception that the carrier might be an unsavory person whose concealed firearm is partially exposed. Generally, this method is done as an expedient to comply with laws prohibiting concealed carry by technically openly carrying only while necessary.
Does my gun have to be visible from three sides?
No. The Nevada standard is that the firearm be discernible by ordinary observation, i.e. if you can tell it is a gun, it is openly carried. Read more on the concealed carry page.
Do my magazines have to be visible too?
No, you can cover up your magazines or have them in a pocket. Only the firearm has to be exposed for open carry.
If I use an inside the waistband holster (IWB), where only the butt of my pistol is visible, is that open carry?
Yes. The requirement for a weapon to be openly carried is that it is carried upon the person in such a manner as to be discernible by ordinary observation. In other words, if you can see it and tell that it’s a gun, it’s openly carried. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried. Thankfully, Nevada doesn’t have such a law.
No. The Nevada standard is that the firearm be discernible by ordinary observation, i.e. if you can tell it is a gun, it is openly carried. Read more on the concealed carry page.
Do my magazines have to be visible too?
No, you can cover up your magazines or have them in a pocket. Only the firearm has to be exposed for open carry.
If I use an inside the waistband holster (IWB), where only the butt of my pistol is visible, is that open carry?
Yes. The requirement for a weapon to be openly carried is that it is carried upon the person in such a manner as to be discernible by ordinary observation. In other words, if you can see it and tell that it’s a gun, it’s openly carried. The described method is also known as ‘Virginia Tuck’, stemming from a former Virginia law where concealed carry was illegal in bars, so patrons would tuck their shirt to expose the butt of their pistol to be considered openly carried. Thankfully, Nevada doesn’t have such a law.
Methods of Open Carry
Open Carry Dont's
Use a Holster
Use a quality holster that offers active retention (click here for more about holsters). Active retention is more than just the friction of your belt and the holster keeping the gun in. Active retention devices are straps and locking systems, though a tight-fitting friction holster, may offer more retention value than a loose-fitting holster. A holster of any kind is absolutely mandatory to openly carry safely and to help deter and prevent gun snatchings (which are rare). Also, be sure to carry a loaded gun.
Can I open carry in a car? What if the center console or something gets in the way of my holster? Does the officer have to be able to see my gun?
Open carry is legal in car. As long as the gun is carried in a manner that would be considered openly carried if you got out of the car and stood up, it is legal. A gun that is hidden by the officer’s angle of view or a part of the vehicle (seat belts, center console, etc.) is not considered to be concealed. A gun in a car may be kept inside a bag, purse, or glove box or otherwise not visible as long as it is not concealed on the body (without a concealed firearm permit). Note: Firearms carried in a case or bag on foot outside the vehicle, are considered illegally concealed.
Open carry is legal in car. As long as the gun is carried in a manner that would be considered openly carried if you got out of the car and stood up, it is legal. A gun that is hidden by the officer’s angle of view or a part of the vehicle (seat belts, center console, etc.) is not considered to be concealed. A gun in a car may be kept inside a bag, purse, or glove box or otherwise not visible as long as it is not concealed on the body (without a concealed firearm permit). Note: Firearms carried in a case or bag on foot outside the vehicle, are considered illegally concealed.
Click Image for Link
|
Click Image for Link
|
Is open carry brandishing?
Brandishing is defined as drawing a deadly weapon in a threatening manner, not in lawful self-defense, in the presence of two or more people (NRS 202.320). It's also a crime to aim a firearm at someone outside of lawful self-defense (NRS 202.294).
Can I open carry a rifle or a shotgun?
Nevada has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities. Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't carry long guns into Chipotle just to make a point; Nevada allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
Please note, while carrying a long-gun (rifle or shotgun) in a vehicle, there cannot be a cartridge in the chamber, although the magazine may be loaded and locked in the magazine well, or shells may be in the tube.
Do I have tell a police officer that I'm open carrying? Can he ask me for my concealed firearm permit?
Nevada does not have any law requiring the 'duty to inform' an officer that you are carrying a firearm. For those with a concealed firearm permit carrying a concealed weapon, if the officer asks, the permittee must present his permit if asked by an officer (NRS 202.3667). This does not apply to open carry.
Can police take my gun for officer safety if I get pulled over or detained?
Police may detain you if the officer encounters you under circumstances which reasonably indicate that you have committed, are committing or are about to commit a crime (NRS 171.123), or else he must release you if no probable cause for arrest appears after inquiry into the circumstances which prompted the detention. NRS 171.1231
A police officer who has legally detained you (reasonably suspects) reasonably believes that you are armed with a dangerous weapon and is a threat to the safety of the officer or another, the officer may search such you to the extent reasonably necessary to ascertain the presence of such weapon. If the search discloses a weapon or any evidence of a crime, such weapon or evidence may be seized (NRS 171.1232). It is assumed they have to give your weapon back if they release you for lack of probable cause and they have no probable cause that the weapon is stolen.
Why do people open carry?
Open carry was the normal method for carrying a pistol until the age of widespread compact handguns that could be concealed in pockets or clothes. Up until around the post WWII-era, a holstered handgun was a common sight in America. It was commonly believed that only criminals had to hide their handguns.
Some open carriers don't have concealed firearm permits or want them, if they can carry a firearm openly instead. Others may not want to pay for the training, fingerprint, and background check fees when they can openly carry a firearm for free, objecting that exercising other constitutional rights do not require permits and fees.
Also, in some situations, it may be preferable to carry openly, such as hiking or biking. A visible firearm can also be a deterrent to would be criminals. Lastly, it gets hot in Nevada! A gun under the clothes or against the skin in the summer heat can be uncomfortable. Open carry allows for a lot of flexibility in how and where one can carry a firearm.
Open carry is available even without a permit, giving any law-abiding citizen the ability to protect themselves, without the delay (up to four months!) to obtain a concealed firearm permit. This allows someone who is afraid for their safety such as a stalking victim to immediately protect themselves.
Brandishing is defined as drawing a deadly weapon in a threatening manner, not in lawful self-defense, in the presence of two or more people (NRS 202.320). It's also a crime to aim a firearm at someone outside of lawful self-defense (NRS 202.294).
Can I open carry a rifle or a shotgun?
Nevada has no laws on carrying openly a long gun (rifle or shotgun). Please use discretion when doing so; while it is your right to carry a long gun in public, it does tend to alarm the public, even in gun-friendly communities. Pistols have been a normal part of daily self-protection throughout the United States since its inception and are intended for such daily carry purposes. Please don't carry long guns into Chipotle just to make a point; Nevada allows you to openly carry handguns. Save openly carried long guns for dire circumstances when they're needed, such as a riot or a major disaster. Still, it's your right, so if you chose to openly carry a long gun, please exercise your right wisely.
Please note, while carrying a long-gun (rifle or shotgun) in a vehicle, there cannot be a cartridge in the chamber, although the magazine may be loaded and locked in the magazine well, or shells may be in the tube.
Do I have tell a police officer that I'm open carrying? Can he ask me for my concealed firearm permit?
Nevada does not have any law requiring the 'duty to inform' an officer that you are carrying a firearm. For those with a concealed firearm permit carrying a concealed weapon, if the officer asks, the permittee must present his permit if asked by an officer (NRS 202.3667). This does not apply to open carry.
Can police take my gun for officer safety if I get pulled over or detained?
Police may detain you if the officer encounters you under circumstances which reasonably indicate that you have committed, are committing or are about to commit a crime (NRS 171.123), or else he must release you if no probable cause for arrest appears after inquiry into the circumstances which prompted the detention. NRS 171.1231
A police officer who has legally detained you (reasonably suspects) reasonably believes that you are armed with a dangerous weapon and is a threat to the safety of the officer or another, the officer may search such you to the extent reasonably necessary to ascertain the presence of such weapon. If the search discloses a weapon or any evidence of a crime, such weapon or evidence may be seized (NRS 171.1232). It is assumed they have to give your weapon back if they release you for lack of probable cause and they have no probable cause that the weapon is stolen.
Why do people open carry?
Open carry was the normal method for carrying a pistol until the age of widespread compact handguns that could be concealed in pockets or clothes. Up until around the post WWII-era, a holstered handgun was a common sight in America. It was commonly believed that only criminals had to hide their handguns.
Some open carriers don't have concealed firearm permits or want them, if they can carry a firearm openly instead. Others may not want to pay for the training, fingerprint, and background check fees when they can openly carry a firearm for free, objecting that exercising other constitutional rights do not require permits and fees.
Also, in some situations, it may be preferable to carry openly, such as hiking or biking. A visible firearm can also be a deterrent to would be criminals. Lastly, it gets hot in Nevada! A gun under the clothes or against the skin in the summer heat can be uncomfortable. Open carry allows for a lot of flexibility in how and where one can carry a firearm.
Open carry is available even without a permit, giving any law-abiding citizen the ability to protect themselves, without the delay (up to four months!) to obtain a concealed firearm permit. This allows someone who is afraid for their safety such as a stalking victim to immediately protect themselves.
Objections to Open Carry
Aren’t open carriers just looking for attention?
The majority of open carriers in Nevada do so for self-defense first, comfort second, and third, to spread awareness of the right to self-defense. Even at open carry group get-togethers, weapons stay holstered and the group mainly keeps to itself. While open carry as a form of expression is perfectly legal and acceptable, day-to-day open carry is simply about self-defense.
Open carry is stupid. It gives you away to the bad guys and someone could snatch your gun.
The incidents of open carriers being attacked and disarmed are statistically insignificant. More attacks and crimes have been deterred by open carry than open carriers have been specifically targeted. In Florida, a concealed carrier was tackled by a deranged man who falsely claimed the citizen carrier was a criminal, resulting in charges and a mental health hold for the attacker. The concealed carrier was spotted putting on his holster in the parking lot. Anyone carrying a weapon, open or concealed, could theoretically become a target.
Open carry’s main advantage is deterrence. Some concealed carry advocates prefer to blend in with unarmed citizens and rely on surprise in the event of an attack, feeling that open carry may make them a primary target for a criminal or terrorist. There is no evidence to suggest that open carriers have been prioritized in crimes over other parties because of their openly carried gun. Deterrence is a better option than surprise; however, certain situations may call for concealed carry.
While openly carrying, one should always use a holster with positive retention, such as a thumb lock or strap, and at least friction retention (usually adjusted by a screw). No holster is snatch-proof or a substitute for proper vigilance and situational awareness.
"Guns are dangerous!"
Yes they are! That's why you always follow the basic firearms safety rules and never draw a firearm on someone except in self-defense.
"Criminals carry guns."
Yes, they do. But so do police officers and a far greater number of average, law abiding Americans than criminals. Criminals also tend to hide their guns, without bothering to get a concealed weapons permit if they could even qualify for one. Criminals also don't care about background check laws.
As the old joke goes: "Because a whole cop would be too heavy." Ever have those moments when you feel uncomfortable, as if you were about to be the victim of crime and wish “Why isn’t there a cop around when you need one?” The current response time of Las Vegas Metro PD is 4 minutes. It may not seem like much, but when every second counts, do you want to wait for the police to arrive?
“Only macho men carry guns to make themselves feel big."
See this woman’s opinion. Citizens who carry guns are not vigilantes and generally more law-abiding than police officers.
“It’s not Christian…”
"[Jesus] said to them, '...if you don’t have a sword, sell your cloak and buy one.'" (Luke 22:36 NIV) A good essay on Jesus and pacifism.
"The police are the best source for the laws on guns."
The Nevada Revised Statues (NRS) is the law, so get it from the source! This informational website is built upon the actual codes, applicable regulations, and attorney general opinions. The author educated himself simply by reading the laws and you can too.
The police are not experts in the law. By nature, they are generalists who are taught how to do their jobs, where to find the laws in the NRS, and how to read the laws. They are not lawyers and cannot be expected to be experts or to interpret legal matters. In a medical sense, it’s like asking a paramedic to determine if your flu-like symptoms are actually the Ebola virus.
The police can’t be expected to know everything and in some cases, haven’t received adequate training, which can lead to misunderstandings. Years back, Tim Farrell was illegally detained and handcuffed for legally openly carrying a handgun, leading to education and training for LV Metro Police. Know the law; it’s to your advantage and can help clear things up with the police.
The majority of open carriers in Nevada do so for self-defense first, comfort second, and third, to spread awareness of the right to self-defense. Even at open carry group get-togethers, weapons stay holstered and the group mainly keeps to itself. While open carry as a form of expression is perfectly legal and acceptable, day-to-day open carry is simply about self-defense.
Open carry is stupid. It gives you away to the bad guys and someone could snatch your gun.
The incidents of open carriers being attacked and disarmed are statistically insignificant. More attacks and crimes have been deterred by open carry than open carriers have been specifically targeted. In Florida, a concealed carrier was tackled by a deranged man who falsely claimed the citizen carrier was a criminal, resulting in charges and a mental health hold for the attacker. The concealed carrier was spotted putting on his holster in the parking lot. Anyone carrying a weapon, open or concealed, could theoretically become a target.
Open carry’s main advantage is deterrence. Some concealed carry advocates prefer to blend in with unarmed citizens and rely on surprise in the event of an attack, feeling that open carry may make them a primary target for a criminal or terrorist. There is no evidence to suggest that open carriers have been prioritized in crimes over other parties because of their openly carried gun. Deterrence is a better option than surprise; however, certain situations may call for concealed carry.
While openly carrying, one should always use a holster with positive retention, such as a thumb lock or strap, and at least friction retention (usually adjusted by a screw). No holster is snatch-proof or a substitute for proper vigilance and situational awareness.
"Guns are dangerous!"
Yes they are! That's why you always follow the basic firearms safety rules and never draw a firearm on someone except in self-defense.
"Criminals carry guns."
Yes, they do. But so do police officers and a far greater number of average, law abiding Americans than criminals. Criminals also tend to hide their guns, without bothering to get a concealed weapons permit if they could even qualify for one. Criminals also don't care about background check laws.
As the old joke goes: "Because a whole cop would be too heavy." Ever have those moments when you feel uncomfortable, as if you were about to be the victim of crime and wish “Why isn’t there a cop around when you need one?” The current response time of Las Vegas Metro PD is 4 minutes. It may not seem like much, but when every second counts, do you want to wait for the police to arrive?
“Only macho men carry guns to make themselves feel big."
See this woman’s opinion. Citizens who carry guns are not vigilantes and generally more law-abiding than police officers.
“It’s not Christian…”
"[Jesus] said to them, '...if you don’t have a sword, sell your cloak and buy one.'" (Luke 22:36 NIV) A good essay on Jesus and pacifism.
"The police are the best source for the laws on guns."
The Nevada Revised Statues (NRS) is the law, so get it from the source! This informational website is built upon the actual codes, applicable regulations, and attorney general opinions. The author educated himself simply by reading the laws and you can too.
The police are not experts in the law. By nature, they are generalists who are taught how to do their jobs, where to find the laws in the NRS, and how to read the laws. They are not lawyers and cannot be expected to be experts or to interpret legal matters. In a medical sense, it’s like asking a paramedic to determine if your flu-like symptoms are actually the Ebola virus.
The police can’t be expected to know everything and in some cases, haven’t received adequate training, which can lead to misunderstandings. Years back, Tim Farrell was illegally detained and handcuffed for legally openly carrying a handgun, leading to education and training for LV Metro Police. Know the law; it’s to your advantage and can help clear things up with the police.
Basic Weapon Retention
Note: we're assuming the carrier is right handed, so reverse everything if you are left handed. The person is likely on your right hand side and slightly behind you.
- Use a positive (locking) retention holster; either a button strap, sliding hood/strap, or thumb/finger release. Maintain situational awareness at all times and don't let anyone get up on you so close as to snatch your gun.
- Your gun is grabbed. Yell out "He's trying to steal my gun!" or "Let go of my gun!"
- Jam down on the butt of your handgun as hard as you can. Put you hand over the other person's hand if you have to. Push down hard and never let go.
- Twist your body away from the attacker; if they are on your right, twist clockwise.
- Start moving away from the attacker. Hopefully between you pulling away and twisting they let go. Let them let go and create as much distance as possible.
- If they do not let go, use your free hand to fight them. Remember, they are trying to steal your gun and if they fight you rather than immediately run off, it's not stupid prank, they are trying to kill you. Punch them, gouge out their eyes, kick their crotch, or stab them. Do whatever you can to get them to disengage.
- Draw only if you can separate from them and have the distance to draw. Don't draw if they are on top of you. If they still pose a threat, shoot them.
