In Nevada, a state where the right to bear arms is weighed carefully against the need for public safety, specific rules guide who can and cannot possess firearms. These guidelines are outlined in NRS 202.360, ensuring that firearm ownership is restricted for particular groups to foster a safer community environment. Anyone from these restricted categories found in possession of a firearm risks facing a felony charge, with penalties including a prison sentence ranging from 1 to 6 years and possibly a fine of up to $5,000. These stringent measures underscore Nevada’s commitment to balancing individual freedoms with the overarching goal of public safety.
Are You Allowed to Own a Gun in Nevada?
Nevada’s legislation under NRS 202.360 clearly outlines who is forbidden from firearm control, encompassing broader categories than most might anticipate. The law stipulates that several specific segments of the population are restricted from holding, owning, or exerting control over any type of firearms within the state’s boundary lines.
In particular, these restrictions apply to individuals with a history of misdemeanor domestic violence, those guilty of stalking, and anyone with a felony conviction unless they’ve regained their rights through a pardon. Additionally, people with an active protective order for domestic violence that explicitly prohibits them from possessing firearms are also included in this list.
Others on the prohibition list include:
- Known fugitives from justice
- Confirmed drug addicts or those who unlawfully use controlled substances
- People who fall under certain federal firearm bans; this includes individuals with a dishonorable military discharge, those who have relinquished their U.S. citizenship
- Any person judicially determined to be mentally ill or who has been admitted to a mental health facility via a court order
- Defendants who received a verdict of guilty but mentally ill, or those acquitted on grounds of insanity within the United States
- Non-citizens residing in the country without proper documentation
Firearms, as defined under this law, span all types of guns—whether operational or in disrepair—including handguns, rifles, and semi-automatic firearms.
Although NRS 202.360 is often colloquially cited as legislation barring former felons from gun possession, in truth, the law casts a wider net to bolster community safety and wellbeing.
It’s noteworthy that even those legally entitled to gun ownership may encounter restrictions on where they may carry weapons, such as educational and childcare settings. For comprehensive insights on open carrying and mandatory background checks, refer to our detailed articles on each topic.
Moreover, there are explicit exemptions permitting the possession of firearms or explosives if required within the scope of legitimate occupations such as mining, agriculture, or construction work.
What Are the Consequences for Felons Found with Firearms in Nevada?
In Nevada, if you are a felon found in possession of a firearm, you are committing a Category B felony. This serious offense can result in a prison sentence ranging from one to six years and may also include fines up to $5,000. Possessing a firearm as a felon not only leads to state penalties but severely diminishes any likelihood of regaining gun rights through a Governor’s Pardon.
Additionally, it’s important to understand the federal implications. Under federal law, it is illegal for anyone convicted of a felony or facing felony charges to own or possess firearms or ammunition that has crossed state lines. The federal penalties for this violation are severe, with possible sentences up to 10 years in federal prison. For individuals with a history of three or more felony convictions, the stakes are even higher — they face a mandatory minimum of 15 years without the possibility of parole.
Each firearm unlawfully possessed can result in a separate charge, highlighting the critical need for former felons to fully understand and comply with both Nevada’s firearm regulations and federal laws.
What Are the Legal Repercussions for Illegal Gun Possession in Nevada?
Under NRS 202.360, individuals prohibited from carrying or owning firearms face severe penalties should they be found in unlawful possession of a gun. The law specifies several categories of people who are barred from firearm possession for various reasons. Understanding the repercussions for these violations is crucial for ensuring compliance with Nevada law.
Who is Prohibited from Owning a Gun Under NRS 202.360?
The law identifies several groups as prohibited persons, including domestic violence offenders, individuals convicted of stalking, and those under a domestic violence restraining order that specifically forbids gun ownership. Additionally, fugitives, individuals with a documented substance abuse problem, and anyone federally restricted from owning firearms fall under this category.
Similarly, persons deemed mentally ill by a court, those committed to mental health facilities, found guilty but mentally ill, or acquitted due to insanity, alongside illegal aliens, are forbidden from possessing firearms.
The Penalties for Unlawful Firearm Possession
For most prohibited persons, including domestic violence misdemeanants, those convicted of stalking, felons, and others barred by specific court orders or because of fugitive status or drug abuse, the penalty falls under a Category B felony. This includes:
- A potential prison term of 1 to 6 years in Nevada State Prison.
- The possibility of a fine up to $5,000, at the discretion of the court.
For individuals adjudicated as mentally ill, those guilty but mentally ill, acquitted due to insanity, and illegal aliens, the consequences are slightly less severe but still significant, categorized under a Category D felony:
- A prison sentence ranging from 1 to 4 years.
- Up to $5,000 in fines, per the court’s discretion.
Can Gun Charges Result in Deportation for Non-Citizens?
Yes, gun offenses generally can lead to deportation. Non-citizens in Nevada should consult with legal counsel immediately if facing firearm possession charges.
Can a Lawyer Help Me Beat a Gun Possession Charge in Nevada?
If you find yourself facing charges for illegal gun possession in Nevada, particularly if you’re labeled as a prohibited person under the law, it’s vital to understand that there are valid defenses that a skilled attorney, like those at ATAC LAW, can employ to protect your rights. Here’s how they might approach it:
- Advocate Self-Defense: A nuanced argument in Nevada due to its “stand your ground” law, claiming self-defense requires showing an immediate need to arm yourself for protection in a situation you didn’t provoke, weren’t committing a crime during, or weren’t trespassing. Eyewitnesses or surveillance footage corroborating your claim could significantly support this defense.
- Claim Illegal Search and Seizure: If the firearm was discovered during an illegal search by law enforcement, your attorney might argue to exclude this evidence. Invalidating the seizure could resultantly weaken the prosecution’s case, potentially leading to dropped charges.
- Challenge the Basis of Prohibition: It’s possible for mistakes to be made regarding your eligibility to own a gun. If, for example, you were previously convicted of a crime but later received a pardon that reinstated your firearm rights, your lawyer can present the necessary evidence to prove you’re legally allowed to possess a gun.
- Address False Accusations: False accusations due to malicious motives or misunderstandings are not uncommon. Demonstrating the accuser’s unreliability or verifying your innocence can lead to the abandonment of charges by the prosecution.
- Dispute Actual Possession: Being charged doesn’t always mean you were in control of or had access to a firearm. Your defense team can argue there’s inadequate proof of your possession, whether actual, constructive, or joint, aiming for dismissal based on insufficient evidence.
An adept legal defense strategy considers all possible angles to ensure your rights are fully protected. The team at ATAC LAW can guide you through the complexities of Nevada’s firearm laws, ensuring the best possible outcome for your case.
Can You Seal a Firearm Conviction Record in Nevada?
Yes, individuals convicted of felon firearm possession in Nevada can seek to seal their record 5 years after case closure. If the charges are dismissed, they can petition immediately for sealing.
How Can Felons Restore Their Firearm Rights in Nevada?
In Nevada, individuals convicted of a felony have only one route to regain their firearm rights: obtaining a pardon from the Governor. Unlike some other states where sealing a felony may restore these rights, in Nevada, sealing a felony conviction does not impact firearm rights. This aligns with stringent state laws compared to more lenient federal regulations, which permit gun rights restoration after expungements, pardons, or other forms of conviction relief.
The process to secure a pardon in Nevada is notably rigorous, involving a considerable waiting period following the closure of the felony case. Candidates typically wait many years before their applications are reviewed by the Nevada Board of Pardon Commissioners, comprised of the state governor, supreme court justices, and the attorney general.
Key Considerations for Granting Pardons in Nevada Include:
- Criminal History: A lengthy criminal background may decrease the likelihood of receiving a pardon.
- Completion of Sentencing: Eligibility is also dependent on having no outstanding fines or dishonorable discharges from probation.
- Severity of the Felony: More serious and violent offenses are less likely to be pardoned.
- Time Since Conviction: It’s recommended to wait between five to twelve years after fulfilling all sentencing requirements before applying, depending on the crime’s gravity.
- Character and Rehabilitation: Demonstrable rehabilitation and positive societal contributions post-conviction increase the chances of a pardon, especially if the felony convicts fail to secure employment due to their criminal record.
- Demonstrated Remorse: The board is unlikely to pardon individuals who continue to claim innocence.
Additional hurdles include active criminal investigations or the status of being a registered sex offender, both of which can disqualify an applicant. The Nevada Board of Pardon Commissioners carefully evaluates each of these aspects before deciding whether to grant a pardon, reflecting the state’s careful consideration of who is allowed to regain firearm rights.
Staying informed on your rights and restrictions pertaining to firearms is essential. Should there be any queries or legal complications, the skilled team at ATAC LAW is prepared to offer expert advice and robust representation. Trust us to ensure your rights are respected and that you understand Nevada’s firearm laws with confidence and clarity.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
