Felon With A Firearm In Nevada
Being convicted of a felony can have a significant impact on your life, including losing certain civil rights such as voting, sitting on a jury, and owning firearms. While the Second Amendment protects the right to own guns, laws in some states and at the federal level prohibit felons from possessing firearms.
In Nevada, it is against the law for a person who has been convicted of a felony at the state or federal level to possess firearms, ammunition, or operate a gun. This means that convicted felons are not allowed to participate in activities such as shooting at a range. If you are a felon and caught in possession of a firearm, you could face serious penalties. Luckily, the Spartacus Law Firm can help. Contact our Las Vegas criminal defense lawyer now for a free consultation.
Understanding Firearms And Felonies In Nevada
According to Nevada Revised Statutes 202.360, individuals who have been convicted of a felony or have a warrant for a felony are not allowed to own or possess firearms. This also applies to cases where the sentence is over 30 days in jail, a fine of $1,000, or both, regardless of whether the charges were at the federal or state level. Juveniles who were tried as adults are also covered by this law.
Like most laws, there are some technicalities and exceptions to consider. Losing your rights does not necessarily mean they will be restored in the future. If your rights are taken away, you will be restricted from any involvement with firearms or weapons of any kind. This includes activities such as visiting a gun range, purchasing ammo for someone, owning black powder, or salt rock projectiles – all prohibited.
Nevada’s Definition Of A Convicted Felon
According to NRS § 179C.010, a convicted person is someone who has:
- Convicted in Nevada or in another state of two or more offenses that were punishable as felonies;
- Convicted in the state of Nevada for an offense that was punishable as a category A felony;
- Convicted in Nevada or in another state of a crime that would constitute a category A felony in Nevada.
Penalties For Felons In Possession Of A Firearm Charge
It is important to note that if a person has been convicted of a felony in Nevada or any other state, or of a felony in violation of the laws of the United States of America, they are prohibited from owning or having any type of firearm in their possession or control – this includes both loaded and unloaded or operable and inoperable firearms according to Nevada law.
If someone has a prior felony record in any state or under federal law, they can be charged with a crime in Nevada if they are caught with a firearm. In Nevada, a convicted felon who unlawfully possesses a firearm will face felony charges and, if found guilty, could be sentenced to serve between one and six years in state prison and fined up to $5,000. It’s important to note that federal law also imposes penalties on felons who possess firearms, with specific criteria defining the offense, which are:
- Possession or receipt of a firearm, or ammunition;
- By a felon, or persons awaiting trial on felony charges; and
- The firearm and/or ammunition were transported across a state line.
Breaking this law can lead to a maximum jail time of 10 years. However, if the offender has been previously convicted of three or more felonies, they will be sentenced to a minimum of 15 years in prison without the possibility of parole.
Restoration Of Gun Rights In Nevada
If you have been convicted of a felony related to firearms, it may be challenging for you to regain your rights. However, in some cases, felony charges can be lessened to misdemeanors, which can help in restoring your gun rights. To regain your rights, you must either:
- Reduce the underlying offense to a misdemeanor, then expunge the record; or,
- Request a Governor’s Pardon for your crimes; or,
- If your job requires possessing a firearm, petition the court for restoration.
All of the above require professional criminal defense attorney help since laws favor the state, not the felon. It is important to prepare well before trying to regain your gun ownership rights. This means taking care of any outstanding legal issues, such as paying fines, and demonstrating a history of being law-abiding. Additionally, individuals who have mental health issues or who came to the U.S. illegally must receive medical clearance or obtain citizenship before being allowed to own firearms.
Frequently Asked Questions
Can Felons Possess Guns In Nevada?
Owning or possessing firearms is not allowed for anyone who has been convicted of a felony crime in Nevada, regardless of whether the conviction was from another state or a long time ago. The only exception is if the felony conviction has been pardoned. This applies to all types of firearms, including handguns, long guns, pistols, revolvers, rifles, semi-automatic weapons, and antique firearms. Possession of firearms also includes any form of control over them, such as:
- Actual possession (physically carrying a gun)
- Constructive possession (owning or controlling a gun)
- Joint possession (sharing a gun with someone else)
When Can A Felon Own A Gun In Nevada?
If you have been convicted of domestic violence, whether it is a misdemeanor or felony charge, in Nevada, another state, or federally, you may lose your ability to own or possess a firearm. Even if you reside in Nevada, there are no exemptions under state law that allow you to restore your firearm rights. One might wonder if convicted felons can own guns – if you have been convicted of a federal felony, it is possible to regain the ability to own or possess a firearm, but not for a state felony.
It could be possible to have your federal felony conviction reduced to a misdemeanor, which may help you regain your right to own and possess firearms. The decision to reduce your conviction depends on the specifics of your offense and criminal history and will be made by a judge. Additionally, if your federal conviction is expunged or vacated, you may also be able to regain your firearm rights.
In Nevada, if you’ve been found guilty of a felony, the only way to regain your gun rights is through a pardon. However, obtaining a pardon can be difficult as they are seldom given. To request a pardon, you must apply to the Nevada Board of Pardons Commissioners who will review your case specifics and personal history and determine if the pardon will be granted.
What Is A Pardon In Nevada?
If someone has been convicted of a crime in Nevada, they can ask the government for a pardon. This doesn’t mean that their conviction will be erased, but it is a way for them to be forgiven. A Nevada pardon can also help a convicted felon regain their civil rights, such as the right to bear arms, which were taken away when they were found guilty.
Individuals who have been convicted of a crime in Nevada must apply for a pardon. The Nevada Board of Pardon Commissioners, which includes the governor, justices of the Supreme Court, and the attorney general, will review the application and decide whether to grant the pardon. The board takes many factors into account, such as:
- Criminal History
Contact Our Las Vegas Criminal Defense Lawyer Now
If you are unsure about your rights as a felon regarding gun ownership, the Spartacus Law Firm can help. Our Las Vegas criminal defense attorney is experienced and has the necessary resources to fight for you. We understand how a felony conviction can affect your life, including your right to bear arms. Don’t hesitate to contact us online or by phone to discuss your situation. We will work with you to build a strong defense. Don’t let a felony conviction take away your civil liberties.