Gun Regulations in Nevada and the United States: an Overview

In the wake of the horrific shooting that took place in Las Vegas on Oct. 1 and left 59 people dead and more than 500 injured, the issue of gun laws and regulations is once again at the heart of the national conversation. Here's a primer on the unique way guns are perceived in the United States and the gun laws in effect both nationwide and in the state of Nevada.

Access to firearms is notoriously easier in the United States than in the rest of the developed world, due to the unique nature of the Second Amendment of the Constitution, which protects the right to bear arms and is fiercely defended by the National Rifle Association and gun lobbies. As a result, the number of civilian-owned guns in America is disproportionately high compared to other nations: Americans make up just over 4 percent of the population, yet possess 44 percent of civilian-owned guns in the world. There are an estimated 88 guns in the United States for every 100 people.

Alongside this proliferation of weapons exists the fact the number of mass shootings in the United States is also higher than elsewhere in the world. The definition of a mass shooting varies: the FBI does not specifically define mass shootings, but considers events in which at least four people have been killed in one location as mass murders. A broader interpretation defines mass shootings as gun-related incidents in which at least four people have been injured. Under the latter criteria, the United States experiences an average of one mass shooting every day.

While access to firearms is legal in all states, individual states can regulate this access with their own laws. For example, the state of New York requires individuals to obtain a permit to own handguns (but not shotguns or rifles), while the state of Texas does not. Presently, seven states require a permit or license to purchase any firearm. The process, which can take from a few weeks to a few months, also includes a background check.

It is illegal in all states to purchase fully automatic weapons that were made after 1986. Military-grade semi-automatic weapons (sometimes labeled as "assault weapons") such as the AK-47 were banned between 1994 and 2004, but can now be legally purchased again in some states.

Individuals wishing to purchase a firearm from a retailer must first pass a quick background check by way of a national database. The purchase can be denied based on factors including criminal conviction or a history of mental health issues. However, the background check is not mandatory for private sales, or for purchases made online or at gun shows in all but 18 states. Furthermore, states currently do not have a mandate to share mental health records with other states, thereby making it fairly simple for individuals suffering from mental illness to bypass the system. For the record, Stephen Paddock, the man who has been identified as the Las Vegas shooter, had no known history of mental illness and had passed at least two background checks.

In 2013, President Barack Obama introduced regulations that would further limit access to guns for individuals suffering from mental illness, in the wake of the Sandy Hook shooting. However, President Donald Trump rolled back this legislation in February 2017.

Gun regulations in Nevada are relatively lax compared to most state-level laws in the rest of the country. No permit is required to buy or carry a a gun, and weapons do not need to be registered. As in other states, there is no cap on the number of guns an individual can own. The purchase of semi-automatic weapons is legal, and individuals can also legally purchase and use large-capacity magazines, which enable people to load and shoot more ammunition at a time.

Stephen Paddock, who officials believe killed himself after perpetrating the attack, had 23 firearms with him in the hotel suite from which he shot into the crowd at the open-air concert. His firearms had been legally purchased, and he had modified some of them with a device known as a "bump stock, which allowed him to fire bullets at a speed comparable to that of fully automatic weapons, which is also permitted by the law. (On Oct. 4, Sen. Dianne Feinstein introduced a bill that would ban the sale of these devices.) Police also found 19 other weapons at his home, along with "thousands of rounds of ammunition."

For Paddock to own an arsenal of this magnitude and carry it into a hotel was, under Nevada's current regulations, completely legal.