Nevada Knife Laws Overview
In the United States, knife laws vary greatly from state to state. States have enacted different laws on what types of knives may be owned, carried, concealed, or used on one’s own premises. Some states are more stringent than others. Some classify knives based on their purpose and design.
Nevada has a comprehensive knife law. It distinguishes between what is considered a dangerous weapon, and defines that as: "…any dirk, dagger, stiletto, switchblade, or metal knuckles, or a razor blade or any other dangerous weapon capable of inflicting cutting, stabbing, or piercing pain or injury."
The statute goes on to provide that "a knife of any type, including, but not limited to, a conventional or retractable razor blade knife, box cutter, carpet knife, utility knife, tradesman’s knife, pocket knife, folding knife, and the like, that is made of metal or material capable of inflicting cutting, stabbing, or piercing pain or injury" is not a dangerous weapon. To be considered a dangerous weapon, the knife must have the capability of cutting, stabbing or piercing as part of its intended purpose—not just a knife with the ability to do those things, but a knife that is designed and made with those purposes in mind.
The knife laws in the State of Nevada make it a crime to willfully use, transfer, or carry any dangerous weapon, except when the knife is a folding blade not exposed and not possessed with the intent to use it unlawfully against another person . The term "folding blade", which is excluded, means a knife that is safety folded or stored in a sheath or other container for the purpose of carrying. If you carry a folding knife that is not carried in a secure sheath or secured in a secured container, it may still be considered "dangerous".
At this point, it may be helpful to understand the concept of "intent." If you carry a knife for general use, without the intent to use it as a weapon, that is considered generally acceptable. For this reason, it is important to note that folding knives and Swiss army knives are not considered weapons in the state of Nevada and are generally legal to own and carry. But if the knife is used in the commission of a crime, it becomes a dangerous weapon, and the owner may face prosecution.
Likewise, if you put a knife in your pocket without the intent to use it as a weapon with a mad motive, you are not in violation of the law. However, if you go to a bank with the intent to rob it, you may be prosecuted for using that knife as a dangerous weapon in carrying out your crime.
In the Second in this series on knife laws in Nevada, we will take a look at knife laws generally for the state of Nevada. We will consider the various exceptions that apply to people who wish to own, use or carry knives. This includes exceptions relating to anti-social behaviors such as service in violent crimes like assaults and murders. We will also look at the exceptions relating to exceptions made for knives in private homes and office buildings.
Commonly Used Knives and Their Status
Under Nevada law, knives are not categorically defined or banned. Instead, each type of knife is assessed on its own to determine whether it is illegal or legal.
A switchblade- a.k.a. automatic knife, spring-blade knife, or professional knife- is a knife with a blade that LITERALLY shoots into place from the handle (or even a folding knife that is designed for flicking out). Under NRS 465.015, this type of knife is illegal in Nevada regardless of size or shape. In 2017, the Nevada legislature decriminalized other switchblade-like knives that merely have a mechanism (instead of a blade) that shoots into place. These knives include certain flick knives, butterfly knives, balisongs, or other similar imported knives. These knives became legal to carry in Las Vegas and all across Clark County. A bowie knife is a large knife with a fixed, cross-hatched handle and a smooth blade shaped like a scimitar. Bowies of any length, normally carried in a sheath and strapped to the waist, are illegal in Nevada. If you are caught carrying one, you can either get jailed for up to 6 months and fined $1,000, or pay a $250 fine by mail. (The only exceptions to this prohibitive rule are certain state-licensed peace officers, hunting professionals, and swimmers during the annual Lake Mead swim.) A dirk is a small dagger, resembling a double-edged sword, with a tapered, pointed blade. In Nevada, carrying a dirk concealed upon your person is a crime that can get you jailed for up to 6 months and fined $1,000. (If you are eligible for a state-issued concealed carry license, you cannot be prosecuted for this.) Otherwise, a dirk is a common knife that anyone can legally carry in plain view. A stiletto is a fighting knife that tapers to a sharp point, and is available in various shapes and sizes. The size of the blade controls the legality of carrying this knife: A stiletto is not longer than 5"- it is legal to carry A stiletto longer than 5"- it is illegal to carry NOTE: The law says that the stiletto may be only "manufactured" with a blade more than 5". So if the blade on your stiletto is 4.5" when you buy it from a store and you later add a 6" blade to it yourself, you may be guilty of possessing an illegal knife. Be careful. A sword is a large knife with a long, sharp blade. In Nevada, you can carry it in public. However, if it’s concealed (for example, by embedding it in a sheath), then you may be guilty of a category B felony punishable by either 2 to 15 years in state prison as well as a fine of $100,000. A knife used or intended for use with a folding blade that is concealed on a user’s person is a "switchblade." A knife with one of the following forged blades is NOT a switchblade, even if it is an automatic knife: Restricting switchblades to these two types of folding blades reduces the likelihood that the long, fix-bladed knives that are commonly used for cooking are not misclassified as switchblades.
Carrying Knives: Do’s and Don’ts
In Nevada, knife laws dictate precisely where and how knives may be carried. Under NRS 202.350, knives are classified as deadly weapons. As such, carrying a knife without a permit is generally a category C felony in Nevada, punishable by 1-5 years in Nevada state prison and possibly up to $10,000 in fines.
But the law allows certain exceptions for individuals carrying a knife openly or concealed. A person can generally carry a knife without a permit if it is not on or near school property, or at a public gathering featuring 1,000 or more attendees. A "permitted" knife may include:
However, concealed carrying of knives like dirks, bowie knives, and switchblade knives is prohibited in Nevada with an exception for medical personnel or law enforcement officers.
NRS 202.370 broadly defines a "switchblade knife" as:
The nuances of carrying a knife in Nevada vary from city to city, including in Las Vegas and Reno. In Clark County, for example, it is illegal to carry an "ice pick," which may be considered a dangerous weapon under state law. The restriction on carrying concealed weapons containing blades longer than 12 inches is also enforced in Las Vegas. Finally, Reno prohibits concealed knives over three inches in length.
Knives: Self-Defense and Duty to Retreat
While knives are legal to own and carry in the presence of reasonable suspicion, it is important to know the legally allowable limits on the use of knives for legal self-defense. The same rules for hand-to-hand neutralization of an attacker are legally allowable when using knives, when faced with a situation that calls for absolutely no other recourse than to neutralize an immediate physical threat.
Therefore, deadly force can legally be used if one is immediately threatened with being killed first, or if one is completely at risk of being permanently injured by some means other than death, such as skinning alive, organ or limb mutilation or permanent impairment, etc.
This is an absolute right. No one is obligated to wait until their attacker tells them what bodily harm they are going to attempt so that the victim can decide how best to neutralize the situation. Legally, a knife can be used to cause any impairing wound to any body area, as long as the wound is targeted in a manner not only to stop the attack, but to also stop the actual attacker.
This may very well necessitate a wound to the head, neck, heart, lungs, abdomen, groin or limbs. One would have the legal right to use any wound depth or force necessary to immediately stop the attack.
However, one does not have the legal right to then stab the attacker repeatedly after the attack has been stopped, as that would classify it as premeditated harm.
One also does not have the right to purposely incapacitate an attacking individual wholly in a non-threatening manner. For example, stabbing or otherwise inflicting any gunshot or the like to the hand, foot or another non-living part of the body simply to teach the attacker a lesson would be considered premeditated and therefore, not legal self-defense.
One should never, ever stab, shoot, or otherwise injure an attacker whilst that attacker has already fled the scene of the crime, as that is overkill.
Only whilst a person is in the midst of an attempt or successful entry into your home to injure or kill you, or in the midst of attacking you with the intent to kill or cause permanent injury, may one use legal self-defense with a knife to stop the situation and cause injury to their attacker.
Also, one should be certain that they are attacked as to cause physical injury to oneself, and not merely a case of verbal or emotional embarrassment.
Knife Ownership in Nevada: Age Requirements
In Nevada, the law prohibits minors from possessing any dangerous weapon under certain conditions. An exception applies for youth who have written permission from a parent or guardian to possess the weapon. So, the law specifically includes knives in its definition of prohibited weapons.
Under NRS 202.265, it’s a crime for anyone under 18 to possess or carry with intent to use, any of the following;
Furthermore, it’s a crime under NRS 202.265 to sell, loan or give any of the above to a minor. Family members (such as a parent or guardian) can get an exemption for the prohibition against allowing a minor to possess a dangerous weapon (other than a firearm) by obtaining a permit from the sheriff for the county where the minor resides.
A violation under NRS 202.265 is a misdemeanor. However, if the minor possessed a switchblade knife or machete, the charge would be a category D felony with 1 to 4 years in prison.
There is no law that prohibits minor children from owning knives. Individual schools or school districts may, however, prohibit students from carrying knives on "school property." This means the law would not punish a parent for giving a knife to a child at home or taking a child’s knife away from school; but it would punish a student who carried a knife to and from school, and it would punish a parent for giving a minor child a knife to give to another minor child.
Parental Responsibility
Parents can be held criminally liable if they allow their underage child to possess or use a knife with the intent to commit a crime (NRS 202.265(3)).
Penalties for Knife Law Violations
Violating a knife law in Nevada can have serious penalties. Simple possession of an illegal knife is a gross misdemeanor punishable by up to 364 days in jail and/or $1,000. But other violations may be felonies, such as:
Many knife crimes are classified as Category B felonies. These carry two to twenty years in prison and sometimes a fine up to $100,000.
However, the penalties increase when a knife is used to stab or otherwise harm someone. This can lead to felony assault with a deadly weapon charges under NRS 200.471. This crime is a Category B felony that carries a minimum of two years in prison and a maximum of fifteen years in prison. But if the offender uses a knife to stab or otherwise harm someone who has hired or is about to hire a private investigator , the offense is a Category B felony carrying a minimum of five years and a maximum of twenty years in prison.
Depending on the circumstances, a court may be willing to sentence the defendant to probation instead of prison time. But many of these convictions could also result in a permanent criminal record.
The Ethics and Community Policy of the Southern Nevada Health District prohibits any person from bringing any type of knife or dangerous weapon into a public venue such as a public health nursing or HIV screening clinic, marijuana establishment, or women, infants and children (WIC) clinic. Anyone who brings a such weapon into a public community health venue may be arrested and charged with a misdemeanor. Conviction may result in a fine of up to $1,000.
Knife Legal Updates: Recent Changes
The fixed-blade knife laws were fundamentally revised and replaced in 2011 when then-Governor Brian Sandoval signed S.B. 348 into law. The new legislation made it legal to carry certain knives of a size no longer than 3 inches and, to the extent certain "disguised" knives were legalized, they could not have a blade that exceeds 4 inches in length. Unfortunately, the law is written poorly and leaves room for the state of Nevada to interpret and potentially enforce the law in different ways depending on the circumstance or the prosecuting agency.
However, to limit possible law enforcement and prosecution interference with the newly legalized knives, the law was clearly intended to decriminalize carrying knives that were once illegal to carry. It is probable law enforcement will under-enforce the new law.
Concealed weapons laws are of great importance to knife owners in Nevada, especially considering they are capable to be prosecuted as felons for the wrong type of knife in the wrong place. Although concealed carry permits are available, getting such a license legally does not necessarily eliminate all restrictions of the concealed knife laws.
Knife Laws in Nevada Vs. Knife Laws in Other States
The unique circumstances of Nevada knife laws can be better understood in contrast to laws in other states. Many states allow for the open carry of knives with especially long blades as long as they are not used for illicit purposes. In Arizona, many tactical folding knives (including spring assisted knives) are legal to carry. In California, any type of knife is legal to carry in public unless it is classified as a dirk, dagger, or stilettos. Only penknives, ice picks and daggers are illegal to possess at all, while knives with blades less than 2.5 inches are not even restricted in schools. In Nevada, it is legal to carry any size knife in a car as long as it has no more than a 5-inch blade, but in a vehicle the law allows knives with no more than a 4-inch blade. In Colorado, if the knife in question has a locking blade, a person could face felony charges for carrying it if it is more than 3 inches long, if they are carrying it concealed and if they have been previously convicted of a felony offense. In Texas, blade length requirements for a knife to be considered a prohibited weapon vary depending on the type of knife. If the knife is a sword or a spear, the law allows an individual to carry it in public if it measures less than 5.5 inches. This is the same blade length that the State of Washington allows for both concealed and openly carrying a long knife, such as a machete. The State of Florida allows unrestricted ownership of almost any type of knife, but laws similar to those in Nevada prohibit them from being carried into schools or government buildings.
Practical Tips for Knife Owners in Nevada
To navigate the complexities of knife laws in Nevada, a good starting point is to familiarize yourself with the specific types of knives that are legal to own and carry. Owning a knife for collection or display purposes is generally permissible under state law, but carrying them on your person in public may not be. Quick action combat knives, including switchblades and spring-loaded knives, are explicitly prohibited by Nevada law. Pen-type knives, on the other hand, are legal to carry as long as they are not used for illegal purposes.
The location where you are carrying a knife is also important. Knives are considered deadly weapons if the use of them is capable of producing death or severe physical injury. This means that you can be charged with a felony for carrying certain types of knives in Carson City, Las Vegas, and particularly surrounding Clark County, where it is critical to be aware of localized ordinances in addition to state laws . Concealed carry requirements are also stricter in Clark County than in other parts of Nevada; permits are required for concealed concealed carry knives, while open carry knives are generally allowed.
You should also be aware of where knives are generally prohibited in Nevada. For example, it is illegal to bring a knife into the offices of the Nevada Legislature. In other parts of the state, places such as courthouses, police stations, and prison facilities are generally off-limits. Local ordinances may also prohibit knife possession or use on school grounds, although "school grounds" is broadly defined and includes anything within 1,000 feet of a school entrance.
As with any laws, the best approach to remaining in compliance with the law is to keep yourself educated. Knife laws are a nuanced and evolving area in Nevada, and local law enforcement agencies may not always be up to date with the latest legal interpretations. Consult a criminal defense attorney if you have any further questions.