The state of Nevada allows citizens to carry most knives, whether openly or in a concealed manner. However, while Nevada is lenient in some aspects of knife law, there are instances where it is illegal to have a knife on you. In these situations, you could be arrested and charged with breaking a concealed or open carry knife law.
If you have been arrested for breaking a Nevada knife law, you might decide to seek out legal assistance. At De Castroverde Criminal Immigration Lawyers, our team understands Nevada knife law and can guide you through your legal options.
Understanding Nevada Knife Laws
If you plan on carrying a knife on you, it is important that you follow all Nevada knife laws. This means understanding open carry and concealed carry laws. By following these statutes, you ensure that you do not engage in illegal activity either purposefully or negligently.
Concealed Carry Laws
The concealed carry laws differ depending on the type of knife in your possession. Certain knives require a permit to conceal, while others do not require one at all. Machetes are never allowed to be concealed according to NRS 202.350. You will never receive a concealed carry permit for a weapon of this nature. Even if you have a permit for another knife, having a machete concealed on your person is illegal.
Illegal Actions with a Knife
There are certain actions that you cannot take while wielding a knife. For example, you may not draw a knife on two or more people unless in an act of self-defense. If you draw your weapon in a manner that can be construed as intent to use and you are not acting in self-defense, then you are in violation of the law.
In addition to prohibited actions, there are locations in Nevada where possessing a knife is illegal such as schools or daycare centers. If you are carrying a knife, whether concealed or openly, at one of these locations, then you are in violation of the law. To be able to carry a knife at either a private or public school, you must either:
- Be a peace officer
- Be a school security guard
- Obtain written permission from a high-ranking member of the Nevada System of Higher Education or the school where you wish to carry a knife.
Reference NRS 202.265 to ensure that the person who gave you permission had the authority to do so.
Penalties for Violating Knife Laws
If you violate one of Nevada’s knife laws, then you could be subject to prison time and/or large fines. Ultimately, your punishment will depend on the severity of your crime. Some knife law offenses are classified as gross misdemeanors. The penalties associated with such a charge include:
- Up to one year in jail
- A fine of up to $2,000
- Both a fine and jail time
The lesser punishment for breaking a knife law is a misdemeanor, which has penalties such as up to six months in jail, a $1,000 fine, or both. For first-time offenders, the penalties generally fall into either the misdemeanor or gross misdemeanor category unless someone was severely injured or killed because of your actions.
You could also see elevated charges if you use an illegal knife while committing a crime. If that is the case, then you could face charges associated with a Category D, Category C, Category B, or Category A felony. Felony charges are much more severe than misdemeanors.
If you are a repeat offender for a crime that would generally come with a misdemeanor or gross misdemeanor charge, you could have your charge elevated to a felony.
If you have been charged with a crime that violates Nevada knife law, some defenses can help you be acquitted of all charges. Here are some of the common defenses used:
If you brandished your knife in front of two or more people, then self-defense is a possible defense. There are a few factors considered when it comes to determining self-defense:
- You were reasonably concerned about or in immediate danger of physical harm
- You did not instigate the situation
- You acted in a manner that is proportional to any harm that could have come to you
Acting proportionally is very important. This means that if someone was going to punch you, you cannot murder them with your knife. This action would be viewed as unnecessary to ensuring your safety.
Weapon Wasn’t Concealed
If you were charged with carrying an illegally concealed weapon, then your defense attorney could work with you to prove that the weapon was not concealed. This could be proven by:
- Reviewing surveillance video
- Reviewing photographs
- Exploring witness testimonies
- Reading the police report
Weapon Wasn’t Illegal
Certain knives are more dangerous than others. While some weapons are illegal on specific properties, others are not. If you were legally carrying a knife that was thought to be larger than allowed in a specific place, then this defense may suit your situation. In addition, you could prove that you have a legal right to have a weapon in an area due to your profession or legal contract.
Contact De Castroverde Criminal Immigration Lawyers Today
If you have been charged with a Nevada knife law violation, the attorneys at De Castroverde Criminal Immigration Lawyers are here to help. Our team understands Nevada knife law and can inform you of your legal rights.
When you decide to reach out to a criminal defense lawyer in Las Vegas, do not hesitate to contact us. Fill out our contact form today for a free case evaluation.