Nevada Knife Laws – An Overview
While most people think knives are legal everywhere, in reality knife laws are very nuanced and different from state to state. In Nevada, there are two basic laws that govern knife possession and use: NRS 202.250 and NRS 202.350.
NRS 202.250 sets forth in subsection 4(a) what’s known as the "Gravity Knife" ban. That subsection basically states that it is unlawful for anyone in Nevada to possess a knife that has a blade that opens by means of a "swing-out motion or the thrust of a hand," with a blade of 2 or more inches. This law does not set forth a maximum blade length, and is one of the strictest gravity knife laws in the United States.
Also contained in subsection 4(a) is the "Concealed Switchblade" ban. Under this provision, it is illegal for a person in the State of Nevada to carry an automatic knife, aka a switchblade, having a blade longer than one inch, for any reason other than the person’s employment, while traveling to or from the person’s place of employment, or while traveling to or from any school, college, or university, provided that the automatic knife is securely encased. Just to clarify, "securely encased" means that the knife must be in a sheath, case, or other container that is closed and unable to be opened with one hand .
So, right off the bat, NRS 202.250 could leave you in a very awkward predicament if you were to get arrested. If you possess a knife that both opens by means of a "swing-out motion or the thrust of a hand," and also has a blade that is longer than an inch, you could be charged with possessing an illegal gravity knife. But what if you didn’t know it was an automatic? What if you didn’t know it was a "gravity knife?" What if your 5 inch blade opened by means of "the thrust of a hand" but not by means of a "swing-out motion?"
The other bad part about NRS 202.250 is that you could be charged with unlawful possession of an automatic knife no matter where you are, unless you are traveling between your home and your employment or school (and the knife is securely encased). So, in other words, even if you’re at home sitting on your couch in your pajamas, you could be breaking the law by possessing your unwittingly illegal automatic knife.
In addition to the Gravity Knife ban, there is also a concealed weapons prologue that demarcates that it is illegal for a private citizen to possess a concealed weapon without first obtaining a permit, whether or not you are outside of your residence. This law is governed by NRS 202.350. The permits are fairly easy to get, however.
Legal Knives in Nevada
Knives are every bit as popular as firearms in the Silver State. That’s because they’re powerful tools and just as useful for self-defense and everyday carry or EDC as a gun is. You don’t need an NICS check to buy a knife or switchblade in Nevada and it doesn’t even have to be registered. Of course, not all knives are legal to use or conceal.
Tourists and locals use knives for recreation and work alike on the Las Vegas Strip and in rural areas across great expanses of Nevada’s wilderness. If you’re looking to do the same, then you’ll want to be sure you’re not guilty of breaking some obscure law that could unfortunately ruin your weekend hunting trip or vacation.
Nevada law addresses legal and illegal knife types. Legal knives include spring knives, switchblades, dirks, daggers, stiletto knives, bowie knives, and other kinds of knives that cannot be automatically opened with a button push or by shaking them. Folding knives with blades that do not exceed 3 inches and fall under 2 ounces do not count as switchblades. Butterfly knives, gravity knives, disguised knives, belt buckle knives, and other knife types are also considered "prohibited weapons."
Knife laws vary, depending upon the jurisdiction you’re in. A sheriff or police department within the state may make its own rules about knife carries. A proper mix of state, county, and city regulations creates ever-changing standards. In Clark County, folding knives with blades over 5 inches are outlawed. Nearby, in the city of Henderson, dirks, daggers, and stilettos remain illegal as well. But in other Las Vegas area municipalities, there are no restrictions on dirk, daggers, and stiletto knives.
What’s Not Allowed and What’s Restricted
The unlawful actions with a knife are outlined in Nevada Revised Statute 202.350. The law states that it is a crime to purposely and knowingly "manufacture, possess, wholesale, offer, expose, sell, barter, transfer, furnish, deliver, convey or transport" any of the following items:
Penalty for Selling or Giving a Knife to a Minor
It is a crime to sell knives to a minor. A buyer or recipient who is under the age of 18 commits a Category C felony. The punishment is:
Minor 2: Retroactively awarding half-in-time credit is a way of allowing criminals to reduce their prison time. The bottom line is that if you are found guilty of selling or giving a knife to a minor, you may not receive either of these privileges.
Penalty for Carrying a Concealed Knife
Normally, carrying a concealed knife is legal in Nevada. But certain circumstances can make carrying a otherwise legal knife a crime. For example, if you are sentenced to probation for felony domestic violence, you may not carry a concealed knife as a condition of your probation.
If you break this condition of probation, you will face a gross misdemeanor under NRS 202.350(4) which carries a possible penalty of:
Supplying Knives to Minors
We are also prohibited from giving a knife to a minor. Section 205.265(A) of the Nevada criminal code makes it unlawful to ‘supply or furnish’ a person under 18 with:
This law applies regardless of whether we were given consent from the parent.
Anyone found guilty of supplying knives to minors is guilty of a category B felony which is punishable by:
Penalties for these offenses can be severe and prohibitions apply even after convictions are served. For example, someone convicted of furnishing a child with a knife is prohibited from even visiting the child or any other child without supervision by a social worker or other designated individual.
Carrying a Concealed Knife
Legally Concealed Carrying of a Knife in Nevada
Broadly speaking, concealed carry of a knife is generally not permitted, while open carry of a knife is permitted with few exceptions in Nevada. An exception to concealed carry restrictions is a switchblade. A switchblade (NRS 207.222) with a blade longer than two inches, may not be open carried on the Strip or in downtown Las Vegas. So, if you want to walk down the Las Vegas Strip or Fremont Street with your two-inch switchblade on display, that’s fine — but you may not have a concealed switchblade with a blade longer than two inches. However, concealed carry of most knives is permitted if you have a valid permit, as long as the knife has a blade longer than two inches. The key word for concealed carry of a knife in Nevada is "permitted." You must have a valid concealed weapon permit (CWP). That’s in addition to the restrictions that already exist for carrying any knife in Nevada.
There’s a lot of confusion about the difference between the licensing requirements for individuals wishing to carry concealed weapons. Some basic concepts: Carrying a concealed weapon (CCW or CWP) in Nevada requires getting a CCW permit, and undergoing a background check. If your weapon is not a firearm, you will be allowed to carry it, even if that weapon is a knife, as long as you are not barred from possessing weapons. If you are not permitted to possess weapons (due to felony convictions and/or mental health issues, for example) you may face additional weapons charges if found to be carrying a concealed knife. These are typically filed pursuant to NRS 202.3673, possession of a deadly weapon by a prohibited person.
Transporting Knives Across Nevada
In addition to CCW knife carriage, there exist rules covering the transport of knives within their vehicles and otherwise.
Concealment and CCW Transport
Like vehicles, knives may be carried concealed under the CCW statute. This means that a knife can be kept hidden on a person while out in public without any concern it will be construed to be concealed and in violation of the law. However, this CCW "safeguard" only applies to knives that are CCW-legal (above). A CCW therefore protects against concealed blade knives, glass breaker knives, dirks, daggers, and stiletto knives, among others. On the other hand, those not eligible to own a CCW should not conceal any knife in their vehicle or on their person, including fixed blade knives. The failure to conceal an illegal knife can be sufficient to sustain a criminal conviction. Additionally, those with a CCW should never carry an illegal knife, in addition to their other CCW knives.
Carry and Vehicle Transport
Where a CCW is not possessed, knives are carried in the same manner to be protected from law enforcement detection as with other weapons . Here, the key issue is whether the knife is "hidden" on a person or "visible" for all to see in a vehicle. If a knife is located in a vehicle, for concealment purposes, it must be "not visible from outside" or "in such a position that it is not readily accessible for immediate use." In this context, if the knife is stuck onto the dashboard or on an exposed seat, it is visible to law enforcement and therefore illegal to carry. Only those knives below floor mats, within a backpack or or duffle bag, inside a glove compartment, in a cup holder, or otherwise concealed from view are reasonably concealed. Otherwise, the law requires that any knife in a vehicle be "holstered" or in a "locked container." Note that the lock must be completely separate from the latch mechanism of a vehicle. For example, a glove compartment lock is not "separate" if it is on the latch; rather, the lock must "separately engage" the latch. Legally, this means the latch cannot even be unlocked while the vehicle is on the road.
Notable Exceptions and Exemptions
Exceptions and exemptions may exist for certain groups or individuals who carry knives in Nevada. The most common examples are law enforcement officers, combat veterans, and military personnel. Law enforcement officers are presumed to have a legal right to possess all types of knives whether concealed or open carry. Combat veterans must have a "honorable discharge" and carry documentation that proves both their veteran status and the circumstances of their discharge. Military personnel must carry a valid military or military-related identification card indicating they are currently on active duty. None of these exceptions or exemptions allow the individual to carry knives on school grounds or at public events.
Some professions rely on knives to perform their duties: bakers, chefs, truck drivers, carpenters, electricians, and even bicycles have knife or blade attachments. These jobs are subject to the general knife laws, however, if an employee is required to work in an area where knives are illegal, the employer may apply for a special exemption from the Department of Public Safety (DPS). The circulation of a temporary, state-approved exemption certificate issued by the DPS entitles an individual to possess illegal knives for a specific period or under specified conditions. An exemption can also allow the same individual to carry an illegal knife that would normally be classified as a concealed weapon. Generally, limited exemptions allow the individual to carry prohibited knives on an extension of their organized route to and from their workplace. For example, an electrician is not usually working "on duty" when they are driving their car home from work. The Texas Chainsaw, while convenient for leather hides, is not legal to carry in Nevada, but there is a limited exemption for this chainsaw if you are employed by a licensed or recognized professional organization that relies on the chainsaw to perform their occupation.
Recent Updates and Amendments in the Law
As we have previously discussed in this blog though, Nevada knife laws are still a fairly new addition to our statutes. In fact, we’ve only had a chapter of 650 to cover knife related matters for a few years now. While Chapter 650 was passed in 2011, we only started to see some law changes last year with an amendment to assembly bill 507 passed in 2015. Not too long after that came another change to our knife statutes in the form of assembly bill 246 passed last year. Let’s take a look at these changes.
AB 507 only made minor addition to the existing knife statute. One of the changes was that it excluded stiletto knives from the prohibited switchblade definition. This doesn’t mean that you can carry one without any consequences. Rather it means that stiletto knives are now carried under a different section of the law. Another change made by AB 507 exempted swords and sabers from being considered switchblades. These two (2) changes were not significant but they also weren’t anything too surprising. The same can’t be said for amendments made to knife statutes in AB 246.
The gambling capital of the world is known for a lot of things from lavish hotels to outrageous shows and special events. What it isn’t known for is allowing knives to come into our casino floors. As many of you know, there are a number of prohibive items that are not allowed to be carried on the casino floor and now all knives have been added to this list.
On October 20, 2015, the Nevada Gaming Control Board adopted a change that delayed the effective date of the amendment to the administrative code. The original change had to become effective on October 1, 2015 however following the delay, the new amendment won’t go into effect until October 1, 2016. This will give blade owners and carriers a year to adapt to this law.
The reasoning behind this change: It was believed that knives could be flipped in the air and pose a possible safety hazard. Now if you’re like me, you can already tell what the problem is with this. When is the last time you’ve heard of someone flipping a dagger 20 feet in the air just for kicks? Most gun owners will go out of their way to tell you that guns don’t kill people, people do. The same can be said of knives, they do not kill people unless put in the wrong hands.
This change in statute isn’t one that you can get around folks. You simply cannot carry them on the casino floor. It’s also probably not a good idea to leave them in your vehicle as there have been reports of thieves breaking into cars and then breaking off the door handles to Hot Rods in order to steal them. If you own knives that have a high market value, we recommend keeping them at home in a vault.
Although Nevada’s knife laws aren’t as strict as in other states, we will continue to see small adjustments to them to keep our city safe. We will keep you updated with any future changes.
Consultations and Resources
The best places to get legal advice on knife laws in Nevada are first with your local cops. Of course, there’s a caveat: you must ask them some painfully basic questions if you want a real shot at getting an honest assessment. Ask them something dumb, and there’s a pretty good chance they’ll look at you like a deer caught in the headlights and then tell you to call up their lawyer, not them. Play it safe and simple and hopefully you’ll be able to get some honest answers. That said, try to get references to specific state statutes, federal law, or City Ordinances to back up what they’re telling you.
Another good source is the legal aid society or the county bar association. However, they don’t always have up-to-date information, so check against the published sources mentioned below .
One of the best places to get basic info is the Knife Rights Foundation at www.KnifeRights.org. They have excellent guides to carry laws for every state, and are constantly updating them.
Another great resource for all kinds of knife law info is a blog called Knife Rights http://www.knifeRights.org/knifeRights/. It’s run by the "Knife Lawyer" and has loads of updated info on the latest in knife law across the country, including helpful stuff like links to state legislatures, and upcoming bills that will affect knife carry.
The American Knife & Tool Institute also has an online repository of knife law info at www.AKTI.org. Another org committed to helping knife owners across the country know their rights.