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Nevada is known for having relatively permissive gun laws, including open carry and the ability to obtain a concealed weapon permit. However, when someone is accused of violating firearm laws, they may face charges under either state law or federal law—and sometimes both.
Understanding the difference between federal weapons charges and state-level gun charges is critical. While both carry serious penalties, federal courts typically impose harsher consequences and lengthier prison sentences.
At The Defense Firm, our experienced criminal defense lawyers defend clients in both federal crime and state-level cases involving firearms.
Gun Laws in Nevada
Under Nevada law, individuals may generally possess firearms and even open carry without a license. However, restrictions apply. Carrying a concealed weapon requires a state-issued permit, and certain places—such as school property, child care facilities, and mental health facilities—are designated as no-carry zones.
Violations of these rules can lead to misdemeanor charges, gross misdemeanors, or even category B felony charges, depending on the circumstances.
Federal Gun Laws
Federal gun laws apply nationwide and are often more restrictive. Under federal law, it is illegal for a prohibited person—such as a convicted felon, someone convicted of domestic violence, or a person deemed mentally ill—to possess firearms.
Other federal weapons crimes include possession of machine guns, automatic weapons, or a sawed-off shotgun, all of which are heavily regulated and generally prohibited.
Federal vs. State Jurisdiction
Whether a gun crime is prosecuted under state law or federal law depends on the facts of the case. If the firearm crossed state lines or was used in connection with interstate commerce, the case may fall under federal jurisdiction.
By contrast, purely local incidents—such as carrying a firearm without a concealed carry permit inside Las Vegas—are typically prosecuted under state law.
Penalties Under Nevada Law
State-level gun charges vary widely:
- A misdemeanor crime, such as carrying a gun into a restricted area, may lead to short jail time and fines.
- A gross misdemeanor can result in up to one year in county jail.
- Category C felony charges or category B felony charges apply to more serious offenses, such as using a deadly weapon in connection with another crime.
Convictions often lead to a permanent criminal record, loss of firearm rights, and difficulty obtaining employment or housing.
Penalties Under Federal Law
Federal charges for firearm offenses are generally more severe. Convictions often result in years in federal prison, along with enhanced penalties if the gun was used in a violent crime, drug trafficking, or other federal crime.
Unlike state sentences, federal prison sentences are served with limited opportunities for parole. Defendants often face harsh penalties under federal sentencing guidelines.
Which Is More Serious?
While both are significant, federal weapons charges are almost always more serious than state-level charges. Federal courts impose longer prison sentences, higher fines, and stricter supervision after release.
For example, possessing a firearm as a convicted felon in Nevada is a category B felony at the state level, but under federal law, the same conduct may carry 10 years in federal prison.
The Role of Intent and Circumstances
In both state law and federal law, intent matters. For example, possessing a firearm for self-protection is different from carrying it in connection with drug trafficking or another violent crime. Cases involving bodily harm or threats in a threatening manner will almost always lead to more severe outcomes.
Prohibited Weapons
Both state law and federal law prohibit certain firearms. These include:
- Machine guns
- Automatic weapons
- Sawed-off shotguns
- Other dangerous weapons were used without proper authorization
Possession of these weapons may result in a felony conviction under either system, but federal penalties are typically harsher.
Common Federal Weapons Crimes
Examples of federal weapons crimes include:
- Possession of a firearm by a prohibited person
- Possession of a firearm during a drug trafficking offense
- Interstate transportation of firearms without compliance with regulations
- Possession of prohibited weapons like machine guns
Each of these crimes can lead to federal charges, long-term imprisonment, and a felony conviction.
Common State-Level Gun Crimes in Nevada
At the state level, weapons charges may include:
- Carrying a firearm without a concealed carry permit
- Bringing a gun into a restricted area like a school property or a mental health facility
- Using a firearm during the commission of another criminal offense
While penalties under Nevada law are serious, they rarely match the severity of federal penalties.
Federal Sentencing Guidelines
When convicted in federal courts, sentencing is guided by strict federal statutes. The presence of aggravating factors, such as prior felony convictions or involvement in interstate commerce, can dramatically increase prison terms.
These federal sentencing guidelines leave little room for judicial discretion, meaning defendants often face severe consequences.
Collateral Consequences of Gun Convictions
Whether under state or federal law, gun charges bring long-term consequences. A felony conviction results in permanent loss of the right to bear arms, restrictions on professional licensing, and reputational harm.
Employment prospects, housing opportunities, and even international travel may be affected by a firearm conviction. Building a Defense Strategy
An experienced criminal defense lawyer can make the difference between conviction and dismissal. Common defense strategies include:
- Challenging the legality of searches under the Fourth Amendment.
- Arguing insufficient evidence of illegal possession.
- Showing that the defendant did not knowingly possess firearms.
- Establishing reasonable doubt through witness testimony and physical evidence.
Federal vs. State Court Procedures
The legal process in federal court differs from that in state court. Federal prosecutors often have greater resources, and federal courts impose stricter rules of procedure. Defendants facing federal charges require defense counsel who understands the unique challenges of federal weapons crimes.
How Defense Attorneys Help
A skilled weapons charges lawyer can challenge the prosecution’s case, negotiate plea agreements, or fight for an acquittal at trial. Whether dealing with state law violations or federal weapons charges, defense attorneys provide essential legal counsel.
FAQ
Are federal gun charges more serious than state charges?
Yes. Federal charges typically carry harsher criminal penalties, including longer sentences in federal prison.
What makes a gun case federal instead of state?
If firearms cross state lines, involve interstate commerce, or include other federal crimes like drug trafficking, the case usually falls under federal jurisdiction.
Can a convicted felon ever legally possess a firearm?
No. Both federal law and Nevada law prohibit a convicted felon from firearm possession, with penalties varying by jurisdiction.
What penalties exist for carrying a concealed weapon without a permit?
In Nevada, this may result in category B felony charges. At the federal level, if combined with other crimes, penalties can be far harsher.
Do I need a lawyer for gun charges?
Yes. Whether facing state law charges or federal weapons charges, consulting an experienced criminal defense lawyer is essential for protecting your rights.
Conclusion
When it comes to gun crimes in Nevada, both state law and federal law carry heavy penalties. But in nearly all cases, federal weapons charges are more serious. Convictions in federal courts often mean longer prison sentences, fewer chances for parole, and stricter criminal penalties.
That does not mean state charges are easy to dismiss. A category B felony under Nevada law still carries years in prison and lifelong consequences. But the risks escalate dramatically when federal prosecutors are involved.
At The Defense Firm, we defend clients in both federal gun laws and state-level weapons charges. With a proven track record, our criminal defense attorneys know how to challenge the prosecution’s case, create reasonable doubt, and pursue the most favorable outcomes possible.
If you or a loved one is facing gun charges in Las Vegas, contact The Defense Firm today for a free and confidential consultation. Our legal team is ready to protect your rights and fight for your future.