NRS § 202.300 – Nevada Laws for “Aiding a Child to Possess a Gun” and “Negligent Storage”

NRS 202.300 makes it a crime in Nevada to help or knowingly allow a child under 18 to handle, possess, or control a firearm unlawfully. The law has exceptions for adult supervision and certain activities, but parental permission alone does not always make possession legal.

Penalties

• First offense (with no reasonably foreseeable substantial risk of violence):  Misdemeanor, carrying up to 6 months in jail and/or $1,000.
• First offense (with reasonably foreseeable substantial risk of violence):  Category C felony, carrying 1 to 5 years in prison and up to $10,000.
• Subsequent offense (with or without risk):  Category B felony, carrying 1 to 6 years and up to $5,000.

Also, negligent storage of a gun with a substantial risk that a child can access it is a misdemeanor, carrying up to 6 months in jail and/or $1,000.

Exceptions

• Adult supervision:  The child is under immediate supervision of a parent, guardian, or authorized adult.
• Hunting:  Children ages 14 to 17 may qualify with a valid hunting license with parental permission.
• Other permitted activities: Children ages 14 to 17 may qualify for firearm safety classes, shooting practice, and organized competitions with parental permission.
• Military service: The general possession restriction does not apply to minors serving in the U.S. Armed Forces.

When fighting NRS 202.300 cases, we scrutinize how the child accessed the gun, challenge claims that you knowingly allowed unlawful possession, and look for evidence of proper storage, supervision, or a legal exception. Our goal is to expose weaknesses in the prosecution’s case and build the strongest argument for dismissal or reduced charges.

In this article, our Las Vegas criminal defense attorneys explain the following key issues regarding Nevada laws for aiding a child to possess a gun and negligent storage:

• 1. Elements of NRS 202.300
• 2. When Minors Can Have Guns
• 3. Defenses
• 4. Penalties
• Frequently Asked Questions
• Full Text of Statute
• Additional Reading

1. Elements of NRS 202.300

NRS 202.300 addresses both helping a child possess a firearm unlawfully and negligently leaving a firearm accessible to a prohibited child. These are separate grounds for a charge.

Allowing a Child to Possess a Gun

For an aiding-or-knowingly-permitting charge under NRS 202.300(2), Nevada prosecutors must prove beyond a reasonable doubt the following two elements:

1. You aided or knowingly permitted a child under 18 to handle, possess, or control a firearm; and
2. The child’s conduct violated NRS 202.300(1) because the required adult supervision was missing and no applicable exception allowed the possession.

The general supervision rule requires the child to be accompanied by or under the immediate charge of a parent, guardian, or an adult authorized by the parent or guardian to have custody or control of the child. Simply giving permission from elsewhere is not necessarily enough.

Negligent Storage

Under NRS 202.300(5), negligent storage is a Nevada misdemeanor unless a greater penalty applies. Prosecutors must prove beyond a reasonable doubt that:

1. You negligently stored or left a firearm somewhere under your control; and
2. You knew or had reason to know of a substantial risk that a child prohibited from possessing it under this law might obtain it.

No shooting, injury, or actual possession by the child is required for this storage offense.¹

Example: Tim leaves his rifle unattended on the porch, knowing his eight-year-old son Henry is playing nearby and has tried to pick it up before. No adult is supervising Henry. These facts could support a negligent-storage charge even if Henry never touches the rifle. They do not automatically prove that Tim knowingly permitted unlawful possession.

2. When Minors Can Have Guns

In Nevada, a child under 18 generally may handle a firearm while accompanied by or under the immediate supervision of a parent, guardian, or parent-authorized adult.

The following exceptions also allow certain possession without that supervision. These rules do not override other applicable firearm laws.

Military Service

NRS 202.300(4) exempts children who are members of the U.S. Armed Forces from the general restriction in NRS 202.300(1). This is not a blanket exemption from every firearm restriction.

Hunting

Children ages 14 to 17 who have a valid hunting license in their possession may qualify to hunt in Nevada without a parent, guardian, or parent-authorized adult accompanying them if:

• They are not otherwise legally prohibited from possessing the firearm;
• They have parental or guardian permission to possess a rifle or shotgun that is not fully automatic, or written parental or guardian permission for a concealable firearm; and
• They are hunting under that license or traveling to or from the hunting area with the firearm unloaded.

The loaded-firearm restrictions below still apply.

Other Activities

Children ages 14 to 17 who are not otherwise prohibited from possessing firearms in Nevada may qualify for possessing firearms while:

• Attending a hunter-responsibility or firearm-safety course;
• Practicing at an established firing range or another area where shooting is allowed;
• Taking part in a lawfully organized firearm competition or performance;
• Lawfully hunting without a license where Nevada law does not require one and local rules allow shooting;
• Traveling to or from one of those four activities with the firearm unloaded;
• On property controlled by an adult who has also given permission for the child to possess the firearm there; or
• At the child’s own residence.

The children need parental or guardian permission for a rifle or shotgun that is not fully automatic. They also need written permission for a concealable firearm for the permitted activity; however, that permission does not itself authorize carrying it concealed.

Prohibitions

NRS 202.300(9) places the following additional limits on a child’s handling, possession, or control of a loaded firearm in Nevada:

• Motor vehicles:  The child may not possess a loaded firearm while occupying a motor vehicle.
• Homes and other buildings:  Loaded possession is prohibited unless the building is a licensed target-practice facility or possession is necessary for the immediate defense of the child or someone else.
• Designated populated areas:  Loaded possession is prohibited in areas designated by county or city ordinance as populated areas for purposes of prohibiting weapon discharge, unless the child is inside a licensed target-practice facility.

For this law, a firearm is considered “loaded” if a cartridge is in its chamber or, for a revolver, its cylinder. A semiautomatic firearm also counts as loaded when a magazine containing a cartridge is inserted in the firearm, even if the chamber is empty.²

3. Defenses

Here at Las Vegas Defense Group – Criminal & DUI Attorneys, we have represented literally thousands of people charged with gun crimes. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries in getting NRS 202.300 charges reduced or dismissed.

1. You did not aid or knowingly permit unlawful possession.  Here, we would look for evidence that someone else provided the gun or that you did not authorize the child’s access.
2. The gun was securely stored.  Negligent storage charges should be dropped if the D.A. fails to prove that the firearm was not in a securely locked container or a location a reasonable person would consider secure.
3. The gun was obtained through unlawful entry.  Under NRS 202.300(3), you should not be convicted if the child obtained the gun because someone unlawfully entered the premises where it was stored; here, we would try to present surveillance video and eyewitness reports of the unlawful entry.
4. A lawful possession exception applies.  The child’s age, supervision, parental permission, activity, and location may establish that gun possession was allowed. Depending on the circumstances, we would try to produce the supporting evidence necessary to show the possession was lawful.
5. The negligent storage elements are missing.  In these cases, we may try to show that the location in question was not under your control, and that you had no reason to know of a substantial risk that a child could access the gun.

Photos and/or videos of the storage location, locks, messages about permission, witness accounts, and the timeline of access can help us evaluate these issues.

4. Penalties

The penalties for aiding or knowingly permitting a child to violate NRS 202.300(1) depend on your prior offenses and what you knew about the risk of violence:

Letting a Child Possess a Gun	Nevada Penalties
First offense, without knowledge or reason to know of a substantial risk that the child would use the gun for a violent act	Misdemeanor:  Up to 6 months in jail and/or $1,000 in fines
First offense, with knowledge or reason to know of a substantial risk that the child would use the gun for a violent act	Category C felony:  1 to 5 years in prison and a possible fine of up to $10,000
Second or subsequent offense, regardless of whether you knew or had reason to know of a substantial risk of violence	Category B felony:  1 to 6 years in prison and a possible fine of up to $5,000

A felony conviction also generally prohibits you from possessing firearms.

Meanwhile, negligent firearm storage is a misdemeanor, carrying up to six months in jail and/or $1,000 in fines, unless a greater penalty is provided by law.

What happens to the child?

A child who unlawfully possesses a firearm commits a delinquent act. These cases are typically handled in juvenile court, not adult criminal court. The most serious juvenile penalty is detention.³

For more information, see our article on Nevada juvenile gun laws.

Frequently Asked Questions

Is it a crime just to have a gun near a child?

Not automatically. Being near a firearm alone does not establish a violation. Prosecutors must prove unlawful aiding or knowing permission, or the separate elements of negligent storage. A child does not have to touch the gun for a negligent-storage charge.

We look at where the gun was kept, whether the child could access it, and who was supervising. Those details matter more than the fact that a gun and a child were in the same room.

Can I be charged if I never handed the child a gun?

Yes. NRS 202.300 covers aiding or knowingly permitting unlawful possession, so physically handing over the gun is not required. Negligent storage can also lead to a charge without a deliberate transfer.

Our review separates what you actually did from assumptions about your involvement. Messages, witness statements, and evidence of who controlled access can help clarify you did nothing unlawful.

What if police accused the wrong person of giving the child a gun?

Mistaken identity can undermine the prosecution’s case. The state must prove that you committed the charged conduct. For negligent storage, it must also establish that the location where you stored or left the gun was under your control.

We examine who was present, who could reach the firearm, and whether video or witness accounts contradict the accusation. Living in the same home does not by itself establish every element of the offense.

Can the same incident lead to child endangerment or other charges?

Yes, if the facts meet the elements of another offense. Possible charges include child abuse, neglect, or endangerment under NRS 200.508, or contributing to a child’s delinquency under NRS 201.110. These charges do not automatically follow from every NRS 202.300 allegation.

In a 2026 case, the Nevada Court of Appeals upheld dismissal of a felony child-endangerment charge involving an accessible firearm, while explaining that a separate negligent-storage charge might still apply. The decision illustrates why prosecutors must prove the specific requirements of each charge.⁴

We review and fight each charge separately because prosecutors must prove its specific requirements. Defeating one allegation does not necessarily resolve every charge arising from the incident.

Is selling a handgun to a minor a separate crime?

Yes. NRS 202.310 prohibits selling or bartering a pistol, revolver, or other concealable firearm to someone under 18 when the seller knows, has reason to know, or recklessly disregards the buyer’s age. It is a category B felony carrying 1 to 6 years in prison and a possible fine of up to $5,000.

We examine whether the allegation concerns a sale, a loan, or permission to use a gun, because those facts affect which laws apply. Parental permission is not a blanket defense to an unlawful sale.

Full Text of Statute

NRS 202.300 - Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation; unlawful to store or leave firearm under certain circumstances; penalties; child 14 years of age or older authorized to possess firearm under certain circumstances.

1. Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.

2. A person who aids or knowingly permits a child to violate subsection 1:

(a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.

(b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

(c) For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

3. A person does not aid or knowingly permit a child to violate subsection 1 if:

(a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;

(b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;

(c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or

(d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.

4. The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.

5. Unless a greater penalty is provided by law, a person is guilty of a misdemeanor who:

(a) Negligently stores or leaves a firearm at a location under his or her control; and

(b) Knows or has reason to know that there is a substantial risk that a child prohibited from handling or having in his or her possession or under his or her control any firearm pursuant to this section may obtain such a firearm.

6. Except as otherwise provided in subsection 9, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:

(a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or

(b) A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,

Ê and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.

7. Except as otherwise provided in subsection 9, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:

(a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;

(b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;

(c) Participating in a lawfully organized competition or performance involving the use of a firearm;

(d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;

(e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;

(f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or

(g) At his or her residence.

8. Except as otherwise provided in subsection 9, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 7, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:

(a) Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and

(b) Is not otherwise prohibited by law from possessing such a firearm.

9. A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:

(a) An occupant of a motor vehicle;

(b) Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or

(c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.

10. For the purposes of this section, a firearm is loaded if:

(a) There is a cartridge in the chamber of the firearm;

(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• What’s Going Wrong in Nevada? A Comparative Analysis of California and Nevada Gun Control Laws as They Relate to Gun Violence – Claremont McKenna thesis
• State gun laws and the movement of crime guns between states – International Review of Law and Economics
• Guns in the Sky: Nevada’s Firearm Laws, 1 October, and Next Steps – Nevada Law Journal forum
• In-State and Interstate Associations Between Gun Shows and Firearm Deaths and Injuries – Annals of Internal Medicine
• The relation between state gun laws and the incidence and severity of mass public shootings in the United States, 1976–2018 – Law and Human Behavior

Learn more about Nevada firearms laws.

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Legal References