Respect Gun Laws When in Las Vegas

It is legal to openly carry a rifle, handgun, or any legal firearm while walking down the Las Vegas Strip or anywhere in Nevada unless you have previously been convicted of a crime or otherwise disqualified. With a permit, you can carry a concealed handgun in Nevada.

However, there are limitations to where and when you may possess a gun in Nevada, and violations can lead to a prison sentence plus a hefty fine. Las Vegas police and prosecutors take seriously violations of gun laws, especially since the deadliest shooting in modern U.S. history occurred in the city, leading to the death of 58 individuals.

The severity of penalties for weapons crimes in Nevada makes it crucial to respect gun laws when in Las Vegas. No matter the circumstances of an arrest for gun law violations, you will need the help of a respected criminal defense attorney if you are charged with violating the weapons laws.

At Adras & Altig, we understand that people make mistakes, and we will treat you with the respect you deserve if you face gun charges in Las Vegas. In the meantime, arm yourself with the facts to avoid an arrest.

Open Carry and Places Where Guns are Prohibited in Nevada

Nevada has no laws prohibiting open carry of firearms in the state. Nevada state law does not require the registration of firearms.

Open carry is defined as wearing a holstered handgun unconcealed by clothing, usually on the hip or leg, or carrying a rifle or shotgun, generally slung across a shoulder.

Carrying a concealed gun is also legal throughout Nevada as long as the person has a valid conceal carry permit (NRS 202.3653). This means a gun may be concealed on the body hidden by clothing or carried in a bag or purse.

To obtain a concealed weapon permit you must be at least 21 years old, complete an approved firearms course and not be prohibited from possessing a firearm due to a legal violation or other disqualification. Concealing a firearm without a permit is a Category C felony (NRS 202.350), which is punishable by 1 to 5 years in prison and a fine of up to $10,000.

The State of Nevada does prohibit guns in certain places, including:

• Public schools, including colleges and universities
• Childcare facilities
• Law enforcement agency facilities
• Courthouses and courtrooms
• Legislative buildings.

Additionally, federal law prohibits guns at:

• Airports beyond TSA checkpoints
• Federal courthouses
• Social Security offices
• Post offices
• Military bases (unless authorized)
• VA facilities, such as hospitals and clinics.

Two federal properties near Las Vegas have specific regulations:

• Red Rock Canyon National Conservation Area, a Bureau of Land Management property, does not allow loaded firearms.
• Hoover Dam does not allow firearms.

Businesses, such as casinos, restaurants, stores, and offices, are private property. Though there is no law against carrying a weapon openly at such businesses, an owner or property manager has the right to ask you to leave or remove your weapon from the property. If you refuse to do so, you may be charged with trespassing.

A Las Vegas casino will almost certainly ask you to leave if you enter displaying a firearm, but the Nevada Carry organization says the majority of Nevada businesses are friendly to firearms.

You may carry a weapon openly in a bar if the owner does not object, but it is illegal to be in possession of a firearm and have a blood alcohol content (BAC) of .08 or more. (NRS 202.257).

Possessing a Gun With a Criminal Record or Restraining Order in Nevada

Certain people are prohibited from possessing firearms in Nevada. This includes anyone under 18 years old unless he or she is in the presence of a parent, guardian or other adults, with exceptions for youths age 14 and older who are hunting or using a gun at a shooting range or firearms safety course with a parent, guardian or other adults.

As adults, Nevada residents may be prohibited from possessing firearms if they are:

• Convicted felons or under felony indictment
• Convicted of domestic violence
• Convicted stalkers
• Subjects of domestic violence protection orders
• Fugitives
• Illicit drug users or addicts
• Adjudicated as mentally ill or have been legally committed to a mental health facility
• Illegal immigrants.

If you are the subject of a restraining order (including domestic violence protection orders), the judge may prohibit you from possessing guns as part of the order.

The U.S. Court of Appeals for the Ninth Circuit ruled that a known user of marijuana in Nevada could be refused the sale of a firearm and in doing so upheld 18 U.S. Code § 922(g)(3), which criminalizes possession or receipt of a firearm by an unlawful drug user or a person addicted to a controlled substance. And while recreational use of marijuana in Nevada is now legal in private residences, it remains a controlled substance under federal law.

Penalties for Gun Crimes in Nevada

If a person is convicted of using a gun to commit a crime in Nevada, such as armed robbery or assault with a deadly weapon, the prison term imposed for conviction of such crimes of violence may be increased by 1 to 20 years (NRS 193.165) because of the presence of the weapon.

Illegal possession of a gun without an additional crime carries significant punishment, too.

Possessing a gun in a prohibited location in Nevada is a misdemeanor punishable by:

• up to 6 months in jail, and/or
• up to $1,000 in fines, and/or
• community service.

Being a felon, fugitive or drug addict in possession of a firearm is a Category B felony in Nevada punishable by 1 to 20 years in prison and an unspecified fine.

• Being an illegal immigrant or mentally ill and in possession of a firearm is a Category D felony in Nevada punishable by 1 to 4 years in prison and a fine of up to $5,000.
• Possessing guns in violation of a restraining order is a gross misdemeanor in Nevada punishable by up to 364 days in jail and/or a fine of up to $2,000.
• Giving a gun to a prohibited person is a Category C felony in Nevada punishable by 1 to 5 years in prison and a fine of up to $10,000. Any crime committed on federal property may be prosecuted as a federal crime. A conviction on federal weapons charges typically puts the defendant at risk for punishment that is more severe than state law provides.
• Possession of a gun in a federal facility other than a courthouse is punishable by up to 1 year in prison and an unspecified fine (18 U.S. Code § 930).
• Possession of a gun in a federal courthouse is punishable by up to 2 years in prison and a fine.

Do I Need A Criminal Defense Lawyer?

You should never face gun or weapons charges on your own in Las Vegas or anywhere in Nevada. It is the job of prosecutors to convict and punish defendants, and violations of gun laws are taken seriously.

Being charged with a gun crime is not the same as being convicted. You have a right to every legal defense available to help you to avoid jail and fines. The Las Vegas weapons charges attorneys of Adras & Altig will work relentlessly to direct your case toward the most favorable outcome for you. We will protect your rights and build a strong and persuasive defense for you.

We urge you to exercise your right to remain silent and to ask for an attorney if arrested for any criminal charge in Las Vegas, and then to contact Adras & Altig at your first opportunity.

This post was originally published in August 2019 and has been updated for accuracy and comprehensiveness in August 2021.

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How to Use Marijuana Legally in Las Vegas

Nevada’s decision to make it legal for adults to possess and use marijuana captured a lot of interest from tourists as well as residents of Las Vegas. Though marijuana is legal for recreational use in Nevada, the law has restrictions that have created confusion and led to arrests and criminal convictions of many people in Las Vegas.

The lawyers of Adras & Altig defend those arrested for pot possession charges in Las Vegas. It is important to understand Nevada marijuana laws and clear up what marijuana enthusiasts or the curious can and cannot legally do in Las Vegas.

The Basics of Nevada Marijuana Use Laws

By enacting the Regulation and Taxation of Marijuana Act after a public referendum, Nevada declared that marijuana should be treated more like alcohol than an illegal drug or controlled substance. Recreational use of cannabis and its alternative forms (edibles, capsules) became legal after the passage of the law, and licensed sales soon began.

Nevada law allows anyone 21 years old or older to buy, possess and consume marijuana for recreational use. Users do not need medical approval to smoke or use weed. However, restrictions remain.

Here are answers to some frequently asked questions about marijuana in Nevada:

• How much marijuana can a person legally possess in Las Vegas? Possession of up to 1 ounce of marijuana or 1/8-ounce of cannabis concentrate is legal in Nevada. Possessing a larger quantity is a crime unless you are a licensed vendor. Because pot is still illegal under federal law, it is illegal to possess marijuana on federal property in Nevada. This includes the post office, federal courthouses, Veterans Administration offices, airports (including McCarran International Airport in Las Vegas) and national parks, forests and monuments, such as Red Rock Canyon National Conservation Area and Little Red Rock, which are popular tourist destinations near Las Vegas.
• How can someone buy marijuana in Nevada?It is legal to buy marijuana from state-licensed dispensaries, or retail shops. (They are plentiful.) Buying marijuana elsewhere is illegal. Even paying someone back who you asked to buy some for you on their visit to the store is technically illegal.
• Can I get high in Las Vegas casinos? It is not legal to consume marijuana in public in Nevada. Under the law, you may smoke weed or otherwise use marijuana (i.e., edibles) on private property, which in the spirit of the law is meant to be your own home or at another private residence with permission. It is not legal to use marijuana at the store where you buy it or while riding in a car. You cannot legally consume marijuana in any form in public areas of Las Vegas casinos or in casino hotel rooms. Because of federal marijuana prohibitions and state gaming laws, this is not likely to change anytime soon. This makes it tough for Las Vegas tourists to use marijuana legally without knowing someone who lives here.
• Can I drive in Las Vegas after using marijuana? Smoking pot and driving is like drinking and driving. If you drive while impaired by marijuana and get caught in Nevada — by weaving, crossing the centerline or some other traffic infraction, or in a license check — you may face a charge of Driving Under the Influence of Drugs.

Under Nevada law, a person is illegally under the influence of marijuana if chemical tests show their blood or urine exceeds legal levels of cannabis in the form of:

• Marijuana — 2 nanograms per milliliter
• Marijuana metabolite — 5 nanograms per milliliter.

You Can Be Arrested for Marijuana In Las Vegas

We know the next thoughts of many who are reading this: … This is Las Vegas, a party city that invites people to come and have a good time. Many things are tolerated in Las Vegas if you don’t bother others or bring undue attention to yourself. Unfortunately, every night, people make mistakes or lose self-control and get arrested in Las Vegas.

One exception to the party-hardy attitude Las Vegas is known for is how casinos operate. They are serious businesses. Do not challenge the rules in a Las Vegas casino. There is far too much money at stake to let anything occur that could threaten a Nevada gaming license. That includes any sign of drug use. Do not take marijuana into a casino.

You can be arrested for “joint possession” of marijuana, which refers to marijuana being found in the presence of multiple people who are somehow linked together, such as roommates or spouses. If pot is found in a Vegas hotel room or in a car, everyone there could initially be charged with possession.

At a Las Vegas casino’s hotel, if a housekeeper or other staff smells or sees evidence of drug use, they are obligated to report it. You can bet they will.

Getting arrested and charged with possession of marijuana in Las Vegas will put an end to the party. You could be fined $600 for smoking or even displaying weed in public, if convicted. Possession of more than 1 ounce of pot is a felony punishable by up to four years in prison, if convicted. You can also get four years for selling any amount of marijuana without a license. If you have been charged with possession of marijuana, our experienced Las Vegas criminal defense lawyers are ready to assist you.

Contact a Las Vegas Criminal Defense Attorney

Nevada has legalized the private, responsible use of marijuana. But public use of marijuana or driving while high on cannabis remains illegal. If you have been arrested in Las Vegas or greater Clark County, Nevada on charges of marijuana use, possession, or sale, you need legal representation right away.

The Las Vegas criminal defense attorneys of Adras & Altig have been helping residents and tourists who face criminal charges in Clark County for more than a decade. Contact Adras & Altig as soon as possible after a marijuana arrest. We will respond quickly to get you released from custody and start building a smart defense strategy for you.

This post was originally published in February 2019 and has been updated for accuracy and comprehensiveness in August 2021.

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Adras & Altig – Scholarship Contest

Once again, Adras & Altig will be opening up submissions for its essay scholarship contest. Three scholarships are available to help offset some college expenses. This year’s topic is on the issue of crime prevention. Participants must answer the questions: In what ways can communities come together to prevent crimes? What are some of the most important crimes your city is currently dealing with and is enough being done?

Nevada Criminal Statistics

Adras & Altig is a hard-nosed criminal defense law firm that embraces a team approach between the partners. We realize that many factors are involved in the occurrence of crimes. We support crime prevention efforts that directly target systemic issues that lead to the commission of crime.

Las Vegas, where our firm is located, has its fair share of crime. According to the FBI, for the most recent year for which data is available, the following number of crimes occurred in Las Vegas:

• 8,854 violent crimes
• 46,197 property crimes
• 84 murder and nonnegligent manslaughter crimes
• 1,439 rapes
• 2,118 robberies
• 10,646 burglaries
• 5,213 aggravated assaults
• 28,240 larceny thefts
• 7,311 motor vehicle thefts

What would you do to curtail some of these crimes? Do these crimes compare to your community? Is there a particular crime that is a problem for your city? What can we do together to combat the problem of crime?

Adras & Altig Sponsors the Fourth Consecutive Essay Contest

The Adras & Altig 2021 scholarship will award the winners of the essay contest with funds to help with college expenses. Three scholarships are available: The first-place scholarship is worth $1,500. The second-place scholarship is worth $750. The third-place scholarship is worth $500.

The scholarships are for Nevada students and students throughout the United States who are currently juniors or seniors in high school or currently attending two- or four-year colleges or universities or a graduate school program.

Submissions officially open on August 15, 2021. The window to enter the essay contest closes on December 15, 2021. The winners are chosen by a selection committee. Winners will be announced on December 29, 2021. The scholarship in Nevada will be presented as a check from the Las Vegas law firm of Adras & Altig to be used for education-related expenses.

Previous Scholarship Winners

Past essay topics have focused on gun safety, college drinking, and cyberbullying. You can read more about the winners of the law firm scholarships from previous years and their essays here:

2020 Winners 

• 1^st place – Eshaan Vakil
• 2^nd place – Alanna Brown
• 3^rd place – Raelynn Neumann

2019 Winners 

• 1^st place – Serena Huynh
• 2^nd place – Evan Gong
• 3^rd place – Cassandra Cannon
• 4^th place – Emily Marvin

2018 Winners

• 1^st place – Drianna Dimataluc
• 2^nd place – Felix Moisand
• 3^rd place – Keelan McConkey

You can learn more about the Adras & Altig 2021 scholarship here, including details to enter and eligibility criteria.

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What Is a Category C Felony?

Not all crimes are treated the same under Nevada law. Most people understand this, but it’s important to be aware of the very real consequences of different felony charges. If you’re accused of a crime, these distinctions could mean the difference between paying a fine and facing significant prison time.

While it’s not the most serious charge possible, being accused of a category C felony is no laughing matter. Keep reading to learn more about category C felonies in Nevada and how a Las Vegas criminal defense attorney can help if you’ve been charged with one.

What Is a Class C Felony in Nevada?

Under Nevada criminal law, crimes fall into the categories of misdemeanors and felonies. Misdemeanors are more minor crimes, with a maximum potential penalty of 364 days in jail and a fine of up to $2,000 for “gross misdemeanors.”

Nevada law designates more serious crimes are classified as felonies, and they divide into five categories. These range from category E felonies (the least serious felony category) to category A felonies, potentially punishable by life in prison or a death sentence.

Category C felonies fall directly in the middle of the scale from category E to category A, making them serious crimes but not the worst potential charges you could face.

Some examples of category C felonies under Nevada law include:

• Attempting to bribe a police officer, judge, or another public official
• Resisting a police officer while being arrested
• Battery without a weapon resulting in substantial injury
• Domestic violence committed by strangulation
• Elder abuse
• Some instances of theft and grand larceny
• Certain drug crimes
• Cyberstalking
• Certain sex crimes

What Are the Penalties for Category C Felonies in Nevada?

The penalties for Category C felonies in Nevada are substantial. According to Section 193.130 of the Nevada Revised Statutes, you could face the following penalties if you’re convicted of a category C felony:

• Between one year and five years in prison
• A fine of up to $10,000

Certain category C felonies carry additional penalties. For example, you may have to register as a sex offender if you’re convicted of a sex crime classified as a category C felony. If you’re not a permanent US resident, you could face deportation for certain category C felony convictions. Finally, any felony conviction carries many negative repercussions, such as difficulty finding a job, obtaining credit, or living in certain areas. That makes a vigorous defense for category C felony charges critical.

Charged with a Category C Felony? Contact a Nevada Criminal Defense Attorney Today

If you’re charged with any felony in Nevada, including category C felonies, speak to a criminal defense lawyer right away. The criminal defense attorneys at Adras & Altig will work to find a legal strategy that suits your situation. We might be able to have key evidence suppressed or come to a deal with the prosecution to reduce your charges. If your case goes to trial, we’ll aggressively defend your rights in court. Contact our office for a confidential consultation today.

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Does a Criminal Record Appear on a Background Check?

A Nevada background check can reveal private details about your criminal, commercial, financial, and personal history. Employers, creditors, landlords, and other organizations use the information to understand your reliability and trustworthiness better. But if you have a criminal record, the details from a background check could prevent you from getting the opportunities that would allow you to start fresh again.

Fortunately, there’s hope. You may be able to seal your Nevada criminal record.

Record sealing makes your criminal history invisible to most organizations, with limited exceptions. A clean slate can make a huge difference as you move forward in life.

The timing of when you can petition the court to seal your record depends on the nature of the crime. A Las Vegas record sealing lawyer at Adras & Altig can help determine whether the time is right for you.

Don’t wait to get started on a new future. Call or contact us today for a free consultation.

What Shows Up on a Background Check?

A comprehensive background check will disclose a broad range of information about you. This includes:

• Identity verification
• Sex offender status
• Past criminal convictions
• Driving history
• Pending arrests
• Past incarcerations
• Parole and probation history
• State and county court records
• Outstanding credit card and loan debt
• Social Security records
• Past addresses
• Marriage and divorce records
• Bankruptcy history
• Employment verification

Keep and mind that Nevada has laws in place to prevent unfair background checks. For example, state and local governments cannot ask about a job applicant’s criminal history on their initial applications. In addition, the Fair Credit Reporting Act (FCRA) requires an applicant’s consent before certain employers run background checks on them.

Nevada law used to restrict criminal background checks to the prior seven years. That’s no longer the case, so your criminal records from long ago may appear on your record. For this reason alone, it’s important to learn whether you can seal your criminal record.

Which Criminal Records Can Be Sealed?

In Nevada, you can have your records sealed for a wide range of crimes. However, the timeline for when you can start the process will be different depending on the offense:

• Category A felony: 10 years after your sentence is complete
• Category B, C, or D felony: 5 years after completing your sentence
• Class E or gross misdemeanors: 2 years after the sentence is complete
• Misdemeanor DUI: 7 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever is later
• Misdemeanor Battery Domestic Violence: 7 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever occurs later
• Misdemeanor battery, harassment, stalking, or temporary/extended order of protection: 2 years from the date of release from custody or date when you are no longer under a suspended sentence, whichever is later
• Lesser misdemeanor: 1 year from date of release from custody or date when you are no longer under a suspended sentence, whichever is later

Keep in mind that some records are not sealable. These include crimes against children, sexual offenses, and certain DUIs. Those will always show up on background checks.

Contact a Las Vegas Record Sealing Attorney Today

Record sealing in Nevada can clean up your background check and improve your prospects. If you have questions or want to petition the court to seal your records, call or contact Adras & Altig today.

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Can My Sealed Criminal Record Be Reopened?

In Nevada, sealing your criminal record opens doors of opportunity that might otherwise stay shut. A seal makes your record invisible on background checks. That means that when you apply for a job or a loan, your record will not show up in most cases.

It also means that you don’t have to disclose your history to a potential employer. Put simply, a record seal gives you the best possible chance to move forward in life.

As you work to leave the past behind, you may wonder whether it’s ever possible for your sealed record to be reopened. The answer is yes, but only in very rare and limited cases.

When Can a Sealed Record Be Reopened?  

Once your criminal record is sealed, Nevada law only permits it to be reopened under certain circumstances.

• If your charges were dismissed, a prosecutor could ask for the record to be reopened if you are later arrested for a similar crime.
• If you were convicted, a prosecutor or defense lawyer could petition to reopen the record if they are investigating other individuals involved in the crime.
• Certain agencies may inspect your criminal record to determine fitness for certain types of jobs or licenses.
• You can always petition the court to review your own criminal records.

Do I Have to Disclose My Criminal History If I Have a Sealed Record? 

A sealed record is a chance to start over. Nevada recognizes that people who make mistakes face limited opportunities if their criminal records are accessible to potential landlords, employers, lenders, and others.

As part of the record sealing process, you can legally deny that you have a criminal history without fear of penalty. However, keep in mind there are certain instances where that may not be the best approach.

For example, agencies that run background checks through the FBI may see sealed records if they scan for fingerprints. Similarly, the Nevada Gaming Commission and Nevada Gaming Control Board can view applicants’ records if they apply for a gaming license.

If you deny that you have a record and are discovered to have one, you haven’t broken the law. However, you may have eroded the confidence that someone previously had in your trustworthiness. To better understand who may access your sealed criminal records, you should talk to an experienced criminal defense lawyer.

Contact Our Record Sealing Attorneys Today 

Questions about getting your records sealed in Las Vegas? Reach out to a criminal defense lawyer at Adras & Altig today. We’ll help you understand your rights once your records are sealed and get you started on the path to a brighter future.

To learn more about how we can help, call or contact us now.

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Five Things You Need to Know About Battery Domestic Violence in Nevada

Have you been arrested for battery domestic violence in Nevada? Law enforcement and prosecutors take these charges seriously and will aggressively pursue them. Fortunately, an arrest never automatically guarantees a conviction. There are ways you can protect your rights. The following are five things you should know about battery domestic violence charges in Nevada:

1- You Need to Know How Nevada Defines Battery Domestic Violence

Nevada law broadly defines domestic violence as violence against another person in the context of some sort of intimate relationship. This includes violent acts to any of the following people related to the defendant:

• Spouses or ex-spouses
• Romantic partners
• A co-parent
• Anyone related to you by blood or marriage
• The minor child of any of the people identified above
• Their minor child
• The custodian or legal guardian of their minor child

Battery is defined as the crime of intentionally using force or violence against another person. It includes things like punching, kicking, choking, cutting, and throwing objects at somebody. It’s important to know that you do not have to injure someone to be convicted of battery. Strictly speaking, all you have to do is intentionally and unlawfully touch someone in an unwanted, aggressive, or violent manner.

If you’re found guilty, the potential penalties for battery domestic violence include hefty fines, time in jail, mandatory domestic violence counseling, and community service. Battery domestic violence has mandatory jail time, even for first offenses. To protect your rights and give yourself the best chance of avoiding these penalties, get help from a knowledgeable Nevada criminal defense attorney.

2- You Might Be Able to Get Your Charges Reduced

Being charged with battery domestic violence can be scary and intimidating, but there are many ways to potentially get your charges reduced or dropped. Those methods include:

• Filing a motion to suppress evidence obtained illegally
• Demonstrating that you were acting in self-defense
• Poking holes in the story from the police and the alleged victim
• Negotiating a plea agreement with prosecutors to a lesser crime with less onerous penalties, such as simple battery

3- A Conviction for Battery Domestic Violence Can Impact Your Child Custody Case

Unsurprisingly, family courts do not look fondly on parents with domestic violence convictions on their record. A domestic violence conviction may cause a judge to rule that it is in the best interests of the child not be in the custody of a parent with a battery domestic violence conviction.

4- The Victim Can’t Simply ‘Drop the Charges’ 

Under Nevada law, police are required to investigate all allegations of domestic violence and make an arrest if warranted. Once an arrest is made, it’s up to the prosecutor to decide if the case goes forward or not. Even if the victim recants and wants the case dropped, the prosecutor can ignore their wishes and press on.

5- Unlike with Other Misdemeanors, You Can Get a Jury in Most Battery Domestic Violence Cases 

The Nevada Supreme Court has ruled that criminal defendants are entitled to a jury trial in battery domestic violence cases, even if the crime is charged as a misdemeanor. This ruling makes it currently the only misdemeanor in the State of Nevada where a defendant is entitled to a jury trial.

Pro Tip – Why You Should Contact a Domestic Violence Attorney

With your freedom, your ability to see your children, and more at stake, it’s vital to get help from an experienced domestic battery violence attorney if you are facing these charges.  At Adras & Altig Attorney at Law, we have more than 40 years of combined experience helping Nevada residents who are facing serious criminal charges, including battery domestic violence charges. Our collaborative approach means you get the full benefit of our entire team when you hire one of our skilled attorneys. Get a free case evaluation by calling our Las Vegas office or visiting our contact page.

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