Preemption Statute

The Nevada Legislature has preempted cities, towns, and counties from regulating firearms. The Nevada Legislature has expressly reserved for itself the authority to regulate the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition in Nevada and to define such terms.¹

The statute deems null and void any ordinance inconsistent with this statute, or “designed to restrict or prohibit the sale, purchase, transfer, manufacture or display of firearms, firearm accessories or ammunition that is otherwise lawful under the laws of this State,” and requires a local jurisdiction’s governing body to repeal any ordinance that violates this statute.¹

Exceptions

The state allows local regulation of firearms in limited circumstances. Cities, towns, and counties, may regulate:

• The “unsafe discharge of firearms”²
• The carrying of firearms by public employees during or in the course of official duties³
• Firearm businesses, including shooting ranges, through zoning or business regulations that are “generally applicable to businesses” within the jurisdiction⁴

Interpretation

As of the date this page was last updated, Giffords Law Center is not aware of any significant case law interpreting Nevada’s preemption statute.

Immunity

For state laws prohibiting local units of government (i.e., cities and counties) from filing certain types of lawsuits against the gun industry, see our page on Immunity Statutes in Nevada.

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1. Nev. Rev. Stat. Ann. §§ 268.418(4), (5) (applicable to incorporated cities and towns), 244.364(4), (5) (applicable to counties), and 269.222(4), (5) (applicable to unincorporated towns).[↩]
2. Nev. Rev. Stat. Ann. §§ 268.418(3) (applicable to incorporated cities and towns), 244.364(3) (applicable to counties), and 269.222(3) (applicable to unincorporated towns).[↩]
3. Nev. Rev. Stat. Ann. §§ 268.418(8)(c) (applicable to incorporated cities and towns), 244.364(8)(c) (applicable to counties), and 269.222(8)(c) (applicable to unincorporated towns).[↩]
4. Nev. Rev. Stat. Ann. §§ 268.418(8)(d) (applicable to incorporated cities and towns), 244.364(8)(d) (applicable to counties), and 269.222(8)(d) (applicable to unincorporated towns). Note, however, that a shooting range is not subject to any local noise control law adopted or amended after October 1, 1997, and does not constitute a civil or criminal nuisance for failure to comply with any such law. Nev. Rev. Stat. Ann. §§ 40.140(3) (civil), 202.450(6) (criminal).[↩]