Nevada prohibits carrying or possessing a firearm in public while under the influence of alcohol or any controlled substance. NRS 202.257 sets a...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Nevada prohibits carrying or possessing a firearm in public while under the influence of alcohol or any controlled substance. NRS 202.257 sets a blood-alcohol limit of 0.10% for a person possessing a firearm in public; possession at or above that level is a misdemeanor on first offense and escalates with prior offenses. Possession while under the influence of any controlled substance (even at a non-impairing level for drug-test purposes) is similarly prohibited.
A CFP holder is not exempt from NRS 202.257. The under-the-influence prohibition applies to anyone in possession of a firearm in public, whether or not the firearm is concealed.
NRS 202.257(1) provides:
"It is unlawful for a person who has consumed any alcoholic beverage or who is under the influence of a controlled substance to have in his or her actual possession any firearm at any place other than his or her residence or the residence of another person: (a) When the concentration of alcohol in the breath, blood, or urine of the person is 0.10 or more; or (b) When the controlled substance has not been prescribed for the person by a physician licensed to practice in this State and the person is under the influence of the controlled substance."
The 0.10% BAC threshold is higher than Nevada's DUI threshold (0.08%) but lower than some other states' carrying-under-the-influence thresholds. The threshold applies regardless of whether the firearm is concealed (CFP-required) or openly carried (no permit required).
"Actual possession" under NRS 202.257 is interpreted to mean on the person. A firearm in a vehicle, in a glove box, on a back seat, or in the trunk is not in "actual possession" of the driver in the same sense. However, a firearm in a holster on the hip, in a pocket, or in a hand is in actual possession.
The distinction matters: a person at a restaurant or bar with a firearm holstered on the hip and a BAC of 0.10% is in violation. The same person with the firearm stored in the parked vehicle (not on the person) is not in violation under NRS 202.257.
A person in their own residence or the residence of another is excluded from the prohibition. This includes the residential premises, including the curtilage (front yard, back yard, deck, garage).
The prohibition applies to possession in public places and on private property of others. It does not apply at:
A hotel room rented by the person is treated as a temporary residence for purposes of this exclusion.
The controlled-substance prong does not require impairment. Under NRS 202.257(1)(b), a person who has any amount of an unprescribed controlled substance in their system while in possession of a firearm violates the statute, even if not "under the influence" in a DUI sense.
This is significant for:
A CFP holder convicted of a first offense under NRS 202.257 may face administrative suspension or revocation of the CFP under NRS 202.366. The sheriff has discretion to revoke for a first conviction; revocation is more likely on a second offense.
NRS 202.257 enforcement is most common in the following scenarios:
LVMPD and Reno PD officers receive training on NRS 202.257 enforcement. Probable cause for the BAC element is typically established by:
The 0.10% threshold is somewhat counter-intuitive: a person well above the 0.08% DUI threshold may still be below the 0.10% firearm-possession threshold, creating a "buffer zone" where DUI applies but the firearm offense does not.
A person who drives with a BAC at or above 0.08% may be charged with DUI under NRS 484C.110. If the person also has a firearm in actual possession at the time:
The DUI and firearm offenses are separate; conviction on both is possible. A DUI conviction does not automatically create a federal prohibitor, but a DUI conviction with an alcohol-related death or great bodily injury element can create state-level firearm restrictions.
A CFP holder who plans to drink alcohol or use any non-prescribed controlled substance should:
Federal law prohibits firearm possession by:
"Unlawful user" is interpreted to include regular users of any federally controlled substance, including marijuana (notwithstanding state legalization). The federal prohibitor applies regardless of impairment status.
A Nevada resident who is a regular marijuana user is federally prohibited from firearm possession, even though state law permits the marijuana use. This is a recurring issue at NICS background checks: the federal Form 4473 asks whether the applicant is an unlawful user of marijuana, and a "yes" answer disqualifies. Lying on the Form 4473 is a separate federal felony (18 U.S.C. Section 922(a)(6)).
The U.S. Supreme Court in United States v. Daniels, 77 F.4th 337 (5th Cir. 2023) (cert. denied 2024) and similar cases has begun to address Second Amendment challenges to the federal marijuana-user prohibitor under the post-Bruen framework. As of 2026, the federal prohibitor remains in force and is enforceable in Nevada.
A person who has been drinking may carry a firearm at their own residence or the residence of another without violating NRS 202.257. The exclusion for residential premises applies whether or not the firearm is concealed.
A person traveling from a public location (where the firearm cannot be in actual possession due to BAC) back to a residence must either:
The travel from a bar to home with a firearm holstered and a BAC of 0.10% violates NRS 202.257 during the travel, even though the person will be at home upon arrival.
Brandishing a firearm in a public place while under the influence (NRS 202.320) is a more serious offense than mere possession. The combination of impairment and threatening or careless conduct with a firearm typically results in:
Discharge while intoxicated may be charged as discharge of a firearm in a public place (NRS 202.275, misdemeanor) or, with serious aggravation, as more severe felonies.
See OPEN_CARRY and CONCEALED_CARRY for the underlying carry frameworks (NRS 202.257 layers on top of both), VEHICLE_CARRY for the in-vehicle distinction, and USE_OF_FORCE for the implication of intoxication on self-defense claims.
This page covers one part of our Nevada concealed carry guide.
Read the complete Nevada guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.