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                              CARRYING A CONCEALED WEAPON


Carrying a concealed weapon in Las Vegas and in Nevada is a very serious gross misdemeanor or felony crime, and you should therefore consider hiring a Las Vegas lawyer experienced in handling this type of crime.  Las Vegas lawyer Paul J. Adras, Esq., and Las Vegas lawyer Steven M. Altig, Esq. have 27 years of combined experience in representing clients charged with carrying a concealed weapon, they know the law, and they can represent you immediately if you have been charged with the crime of carrying a concealed weapon.  In Las Vegas and in Nevada, if you are convicted of carrying a concealed weapon, you are facing severe felony penalties.  The information below will help you understand the implications of being convicted of carrying a concealed weapon in Las Vegas and in Nevada.

1.    What constitutes the crime of carrying a concealed weapon in Las Vegas and in Nevada?

In Las Vegas, and in Nevada in general, you can be charged with carrying a concealed weapon for carrying a concealed weapon without a permit to do so, in violation of Nevada Revised Statutes (NRS) 202.350, as follows (with important parts in bold):

NRS?202.350??Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit; penalties; issuance of permit to carry concealed weapon; exceptions.

      1.Except as otherwise provided in this section and NRS 202.355 and 202.3653 to 202.369, inclusive, a person within this State shall not:
      (a)Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any knife which is made an integral part
          of a belt buckle or any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;
      (b)Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless
            authorized by federal law;
      (c)With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or
      (d)Carry concealed upon his or her person any:
             (1)Explosive substance, other than ammunition or any components thereof;
             (2)Dirk, dagger or machete;
             (3)Pistol, revolver or other firearm, or other dangerous or deadly weapon; or
             (4)Knife which is made an integral part of a belt buckle.

      2. Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:
      (a)Paragraph (a) or (c) or subparagraph (2) or (4) of paragraph (d) of subsection 1 is guilty:
             (1)For the first offense, of a gross misdemeanor.
             (2)For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.
      (b)Paragraph (b) or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. The sheriff shall not issue a permit to a person to carry a switchblade knife. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.

      4.Except as otherwise provided in subsection 5, this section does not apply to:
      (a)Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.
      (b)Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.
      (c)Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.
      (d)Members of the Armed Forces of the United States when on duty.

      5.The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his or her former employer has approved his or her fitness carry a concealed weapon.
     6.The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.

      7.This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State he or she is authorized to do so pursuant to 18 U.S.C. 926B or 926C.

      8.As used in this section:
      (a)"Concealed weapon" means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.
      (b)"Honorably retired" means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees' Retirement System. A former peace officer is not "honorably retired" if he or she was discharged for cause or resigned before the final disposition of allegations of serious misconduct.
      (c)"Machine gun" means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.
      (d)"Nunchaku" means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

      (e)"Qualified law enforcement officer" has the meaning ascribed to it in 18 U.S.C. 926B(c).
      (f)"Qualified retired law enforcement officer" has the meaning ascribed to it in 18 U.S.C. 926C(c).
      (g)"Silencer" means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intende  assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.
      (h)"Switchblade knife" means a spring-blade knife, snap-blade knife or any other knife having the appearance of a pocketknife, any blade of which is 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle or other mechanical device, or is released by any type of mechanism. The term does not include a knife which has a blade that is held in place by a spring if the blade does not have any type of automatic release.
       (i)"Trefoil" means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geom figure and used as a weapon for throwing.

If you are arrested and charged with carrying a concealed weapon in Las Vegas and in Nevada, you should immediately consult with and hire an experienced lawyer.

2.    What are my rights if I am accused of carrying a concealed weapon in Las Vegas and in Nevada?

If you are accused of carrying a concealed weapon in Las Vegas and in Nevada, you have the following important constitutional rights:

A.    The right to a speedy and public trial;
B.    The right to require the prosecuting agency to prove the charge(s) against you beyond a reasonable doubt;
C.    The right to confront and cross examine (question) all witnesses against you that the     prosecuting agency may call as witnesses at the time of trial;
D.    The right to subpoena witnesses to testify and to compel their attendance at the trial;
E.    The right to remain silent and to not be forced or compelled to testify at the trial; and
F.    The right to appeal a conviction after a trial (except on constitutional or jurisdictional grounds).

If you are arrested and charged with carrying a concealed weapon, you should immediately consult with and hire a Las Vegas lawyer, who can explain these valuable rights to you in detail.

3.    Should I take my Las Vegas, Nevada carrying a concealed weapon case to trial?

Las Vegas criminal defense lawyers Paul J. Adras, Esq. and Steven M. Altig, Esq. are experienced trial lawyers.  They have conducted numerous felony jury trials and misdemeanor
bench trial in Nevada.  When you hire Adras & Altig, Attorneys at Law, you are making an excellent decision, because each of them have extensive experience in the courtroom as
aggressive advocates for their clients.

In order to make the decision to take your case to trial, you need to fully understand the facts of your case, and the legal issues involved.  Mr. Adras and Mr. Altig are with you every step of the way.  You will meet with them personally and they will give you a full explanation of your rights.  They will also explain to you in detail the legal issues involved in your case based upon the factual circumstances surrounding your arrest for carrying a concealed weapon.

Once you have the information necessary to make a decision, Mr. Adras and Mr. Altig will explain to you the potential risks involved in proceeding to trial, and they will make recommendations to you.  The final decision is always yours. 

4.    What happens if I plead guilty to carrying a concealed weapon?

You should discuss your case with a Las Vegas carrying a concealed weapon lawyer before entering a guilty plea to this crime.  If you plead guilty to carrying a concealed weapon in Las Vegas and in Nevada, you are admitting your guilt.  After a carrying a concealed weapon conviction, any prosecuting agency in Nevada can use the evidence of the conviction to enhance the penalty for any subsequent carrying a concealed weapon offense.

Also, if you are not a citizen of the United States at the time of the conviction, you may, in addition to other consequences, be removed, deported or excluded from entry into the United States, or you may be denied naturalization.  A seasoned Las Vegas and Nevada carrying a concealed weapon lawyer can inform you of your valuable rights if you are not a United States citizen and you are charged with this crime in Las Vegas and in Nevada.

Finally, it is critical that you understand that following a guilty plea, or a finding of guilt following a trial, the matter of sentencing in a Las Vegas carrying a concealed weapon case is entirely within the court's discretion, regardless of the negotiations between you and the prosecuting agency.  An experienced criminal law lawyer in Las Vegas and in Nevada can fully explain the court process to you, and can properly prepare you for this phase of your case, should you decide to plead guilty or if you are found guilty following a jury trial.

5.    What are the penalties if I am convicted of carrying a concealed weapon in Las Vegas and in Nevada?

A.    First offense carrying a concealed weapon conviction:

A first offense carrying a concealed weapon conviction is considered to be a gross misdemeanor in Nevada, if you were carrying a dirk, dagger, machete, or knife which is made an integral part of a belt buckle.  A gross misdemeanor is punishable by up to one year in jail, and up to a $1,000.00 fine.  You are eligible for probation if you are convicted of a gross misdemeanor.

A first offense carrying a concealed weapon conviction is considered to be a category C felony in Nevada, if you were carrying an explosive substance, other than ammunition or any components thereof, a?pistol, revolver or other firearm, or other dangerous or deadly weapon.  A category C felony is punishable by a term of imprisonment in the Nevada State Prison from one to five years, and by a fine of up to $10,000.00.  You are eligible for probation if you are convicted of this category C felony.

B.    Second and subsequent offense carrying a concealed weapon conviction:

A second and subsequent offense of carrying a concealed weapon conviction is considered to be a category D felony in Nevada, if you were carrying a dirk, dagger, machete, or knife which is made an integral part of a belt buckle.  A category D felony is punishable by a term of imprisonment in the Nevada State Prison from one to four years, and by a fine of up to $5,000.00.  You are eligible for probation if you are convicted of this category D felony.

A second and subsequent offense of carrying a concealed weapon conviction is also considered to be a category C felony in Nevada, if you were carrying an explosive substance, other than ammunition or any components thereof, a?pistol, revolver or other firearm, or other dangerous or deadly weapon.  A category C felony is punishable by a term of imprisonment in the Nevada State Prison from one to five years, and by a fine of up to $10,000.00.  You are eligible for probation if you are convicted of this category C felony.

If you are charged with carrying a concealed weapon in Nevada, it is imperative that you contact an experienced criminal law lawyer in Las Vegas and in Nevada.  As seasoned Las Vegas criminal law lawyers, we have the experience you need in order to fight for your freedom.  Don't delay in contacting Las Vegas criminal law lawyer Paul J. Adras, Esq. and Las Vegas criminal law lawyer Steven M. Altig, Esq. if you are charged with this offense in Nevada.  We will counsel you regarding immediate steps you can take to protect your rights and your freedom.

If you need a Las Vegas criminal law lawyer then call us today.  Paul J. Adras, Esq. is an experienced and aggressive Las Vegas criminal defense lawyer.  Steven M. Altig, Esq. is also an experienced and aggressive Las Vegas criminal defense lawyer.  Adras & Altig are Las Vegas criminal defense lawyers, North Las Vegas criminal defense lawyers, Henderson criminal defense lawyers, Boulder City criminal defense lawyers, Moapa Valley criminal defense lawyers, Goodsprings criminal defense lawyers, Searchlight criminal defense lawyers, Laughlin criminal defense lawyers, Pahrump criminal defense lawyers, Tonopah criminal defense lawyers, and criminal defense lawyers in many other cities in Southern and Northern Nevada.  If you've been charged with any crime then you need to get experienced and aggressive legal representation.  You need to hire Adras & Altig, Attorneys at Law.

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