Depends on how much the tint is.
As I understand it, the California regs state that the brake lights of a car must be visible from 1000 feet. In Nevada, its only 300 feet. I can't remember if that is either in the daytime or night time. The tricky part, of course, is proof. An officer will certainly send you to the state ref (or whatever the Nevada equivalent is) if he wants to. If it isn't factory, then there is reason enough to give you a fix it ticket and send you to the state ref.
Either way, the tint I'm getting is very light, and is mainly there to get rid of the chromed/altezza look of my tail lights. It doesn't really darken the light output too much.