Can a Felon Own a Gun in Nevada?

The short answer is no. In Nevada, it is illegal for a convicted felon to own, possess, or have control of a firearm. State law prohibits felons from having firearms unless they have had their rights restored through a pardon or court order.

This ban applies to all felony convictions, including those from other states and federal offenses. Violating this law can result in additional felony charges and prison time.

What is the Legal Basis for Nevada’s Felon in Possession Law?

Nevada’s felon in possession statute, NRS 202.360, makes it a category B felony for a person convicted of a felony in any state to possess, transport, or control a firearm. This applies to any type of firearm, including handguns, rifles, and shotguns. There is no exception for antique or collectible firearms.

The prohibition is based on federal law, specifically the Gun Control Act of 1968, which bars felons from possessing firearms nationwide. States like Nevada are required to enforce this ban as a condition of participating in various federal law enforcement programs and funding.

What Constitutes “Possession” of a Firearm?

Under Nevada law, illegal possession of a firearm can take several forms:

• Actual possession – The firearm is physically on the felon’s person, such as in their hand, pocket, or holster.
• Constructive possession – The firearm is not on the felon’s person but is in a location they control or have access to, like their home, car, or storage unit. The felon must know the firearm is there.
• Joint possession – The firearm is in a location controlled by the felon and at least one other person, such as a shared home or vehicle. Again, the felon must know the gun is present.

Essentially, any scenario where a felon knowingly has the ability to exercise physical control over a firearm could be considered illegal possession. It doesn’t matter if the felon actually touches or uses the gun.

Are There Any Exceptions to the Felon in Possession Law?

Nevada’s statute does provide a few narrow exceptions where a felon may legally possess a firearm:

1. If the felon has received a pardon for their conviction that specifically restores their gun rights.
2. If the felon’s conviction has been set aside or expunged by a court.
3. If the felon has had their civil rights restored in the jurisdiction where they were convicted (if outside Nevada), and that restoration includes the right to bear arms under the laws of that jurisdiction.

However, these exceptions are relatively rare. In most cases, a Nevada felony conviction will result in a lifetime ban on possessing firearms, unless the person goes through a formal process to have their rights restored.

What are the Penalties for a Felon in Possession of a Firearm in Nevada?

A violation of NRS 202.360 is a category B felony, punishable by:

• 1 to 6 years in Nevada state prison, and
• A fine of up to $5,000

As a felony offense, a conviction will also result in additional consequences, such as:

• Further loss of civil rights (voting, serving on a jury, etc.)
• Difficulty finding employment or housing
• Prohibition from owning or possessing firearms
• Possible deportation for non-citizens

It’s important to note that these penalties apply even if the felon did not use or intend to use the firearm for any illegal purpose. Simply possessing or having access to the gun is sufficient for a conviction.

What Should I Do if I am a Felon Accused of Possessing a Firearm?

If you are a felon facing charges of illegally possessing a firearm in Nevada, the most important step is to retain an experienced criminal defense attorney immediately. Do not talk to police or investigators without your lawyer present.

Your attorney can evaluate the strength of the evidence against you, identify any potential defenses, and work to negotiate a favorable plea bargain or take your case to trial if necessary. Some common defenses against felon in possession charges may include:

• Challenging the validity of the initial felony conviction
• Arguing that the felon did not knowingly possess the firearm
• Claiming the search that led to the firearm was illegal
• Showing the felon’s rights had been restored in the relevant jurisdiction

However, the viability of these defenses will depend heavily on the specific facts of your case.

If you are a felon who was unaware of the firearm prohibition or who came into possession of a gun unintentionally (e.g. by inheriting it), you may have options to avoid conviction. But it’s crucial to consult with an attorney before taking any action or making any statements to law enforcement.

Can I Ever Regain My Gun Rights After a Felony Conviction in Nevada?

Restoring gun rights after a felony conviction in Nevada is a complex process that typically involves petitioning a court for relief. The specific requirements and procedures depend on factors like:

• Whether your conviction was for a state or federal offense
• How much time has passed since you completed your sentence
• Your overall criminal record and personal history

In general, you will need to demonstrate to a judge that you have been rehabilitated and are no longer a threat to public safety. This may require presenting evidence like character references, employment records, and documentation of any treatment or education you have completed.

Even if a court grants your petition, you may still be barred from possessing firearms under federal law unless you also receive a pardon or other relief at the federal level.

Given the complexity of this process, it’s essential to work with an experienced attorney who can advise you on your eligibility and guide you through each step.

Get Help from a Skilled Nevada Criminal Defense Lawyer

If you are a felon charged with illegally possessing a firearm in Nevada, the stakes are high. A conviction could mean years behind bars and lifelong consequences. Even if you believe the charge is unfair or unjustified, trying to handle it on your own is a huge risk.

At Benjamin Durham Law Firm, we have extensive experience defending clients against weapons charges and other serious offenses throughout Nevada. We know how to build strong, strategic defenses and will fight tirelessly to protect your rights and freedom.

Don’t wait to get the legal help you need. Contact our office today for a confidential consultation. We’ll review your case, explain your options, and work with you to achieve the best possible outcome. Call or fill out our online form now to get started.