Persons Disallowed

Gun/Weapon Crimes: Persons Disallowed from Possessing Firearms

The Constitution gives us all the “Right to Bear Arms,” as part of the Second Amendment. The Founding Fathers clearly believed that this right was extremely important given that they included it directly after the Right to Free Speech. This right is not, however, without exceptions. The following article explains who is not permitted to own or possess guns in Nevada.


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Frequently Asked Questions

  • What is the legal definition of who is prohibited from owning or possessing a firearm?

    The laws relating to removing or changing the serial number on a weapon are governed by NRS 202.360.


    NRS 202.360 – Ownership or possession of firearm by certain persons prohibited


    A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person;

    • Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in U.S.C. 921(a)(33);
    • Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
    • Is a fugitive from justice;
    • In an unlawful user of, or addicted to, any controlled substance; or
    • Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.

    A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


    A person shall not own or have in his or her possession or under his or her control any firearm if the person:

    • Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;
    • Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;
    • Has been found guilty but mentally ill in a court of this State, any other state or the United States;
    • Has been acquitted by reason of insanity in a court of this State, any other state or the United States; or
    • Is illegally or unlawfully in the United States.

    A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

  • If the constitution guarantees the right to bear arms, then how can that right be taken away?

    While it is absolutely true that the Constitution applies to every American citizen equally, the commission of a felony alters a person’s rights, and in many cases, revokes that right altogether. The 2nd Amendment right to bear arms is one such right.


    The reason behind this is contrary to the purpose of the American Justice system, but is nevertheless logical in the face of the rate that ex-convicts re-offend in our country; ex-felons are more likely to commit a future crime, so they should not be permitted to own guns.


    Please Note: The federal law regarding ex-convicts possessing guns extends beyond just those convicted of a felony and includes people convicted of a misdemeanor domestic violence crime.

  • Are ex-felons the only people prohibited from owning a gun?

    No. There are a few other groups that are prohibited from owning a gun:


    • Anyone who has been legally determined mentally ill;
    • Anyone who has been committed to a mental health facility in any state or territory of the United States;
    • Anyone who is addicted to, or illegally using, any controlled substance or drug;
    • Anyone who is a fugitive from justice; and
    • Anyone who is in the United States Illegally.
  • What if my criminal records have been sealed?

    While it is possible to restore the right to own a gun, sealing felony records does not automatically make you eligible to possess a firearm. The only way to guarantee that your rights will be restored is to have the records set aside or expunged, or to receive a government pardon that specifically restores your right to own a firearm.


    Record expungement, or set-aside, is not available for every felony, regardless of how long it may have been since the conviction. An experienced criminal attorney can assist with determining whether your record can be set aside or expunged, and if possible, can assist in filing the necessary court documents for doing so.


Penalties


What you need to know

Okay, so what are the penalties?


The penalties for possessing a gun when you are prohibited from doing so depend on which prohibited group you belong to.



If you are prohibited from owning a gun because you in the United States illegally, or because you are mentally ill, then a conviction for possession of a firearm is a category D felony and will carry with it:


  • Between 1 and 4 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

If you are prohibited from owning a gun because you are an ex-felon, a fugitive from justice, or a drug addict or user of illegal drugs, then a conviction for possession of a firearm will be a category B felony and will carry with it:


  • Between 1 and 6 years in a Nevada State Prison; and
  • Possible fines up to $5,000.

If you are an ex-felon, or have been convicted of a misdemeanor domestic violence charge, and you are convicted of possession of a firearm under Federal law, then the penalties can be harsh:


  • Up to 10 years in a Federal Prison; and/or
  • Possible fines.

Is there anything else I should know?


Convictions for unlawful possession of a firearm do not cause the automatic imposition of maximum penalties. Often, the sentencing judge will try to tailor the punishment to fit the circumstances. Some of the factors that are taken into consideration during sentencing include:


  • The nature of the crime that the ex-felon was originally convicted of. There are many crimes that are considered “wobblers,” which are sometimes charged as felonies and sometimes as gross misdemeanors. Ex-felons convicted of such a “wobbler” crime are likely to get a lighter sentence for possessing a firearm than someone convicted a more straightforward felony. Similarly, someone convicted of a so-called “white-collar” crime, one that does not lead to violence or physical injuries, is likely to be given more leniency than a violent offender.
  • The type of firearm in the person’s possession. The more dangerous the firearm, the less lenient the sentencing judge is likely to be.
  • Where the firearm was obtained. If the gun was stolen, then the sentencing judge will not be lenient towards the defendant. Alternatively, if the gun is a family heirloom that was passed down to the defendant, the judge is likely to be much more lenient as the defendant had little control over the matter.
  • Whether the firearm was used, and what it was used for. Obviously, if, in the previous example, a family heirloom was passed down and was then mounted on the wall, then there was no “use” of the gun, and no one was likely to ever be injured by the firearm. Similarly, use of a gun in self-defense will provide more leniency than use of a firearm in the commission of a crime.


Please Note: Any conviction for a crime related to guns and other firearms are deportable offenses. If you are not a citizen of the United States and you are convicted of unlawful possession of a firearm, then you will be deported.

Defense


We at LippLaw are dedicated to giving you the best defense for your case.

Are there any defenses?


Yes, of course there are. Some of the possible defenses include:

No Ownership or Possession


Convictions for a violation of NRS 202.360 require actual possession and/or ownership of a firearm. If you can show that you were not in actual possession of the firearm, that you were only in the same vicinity as the firearm, then the charges against you should be dropped or dismissed.

Illegal Search


One of the rights that continues to apply, even if you have been convicted of a felony, is the rights regarding search and seizure. Being an ex-felon is not cause enough to permit law enforcement to conduct an illegal search of your person. If such a search is conducted, and a gun is found, an experienced criminal defense attorney can get the evidence (the gun) suppressed, or withheld from the trial. A successful motion to suppress will force the Court to throw out, or disallow, any evidence found during the illegal search. Without the ability to use the gun as evidence in a trial, the charges against you are likely to be dropped or dismissed based on lack of evidence.

Pardoned


As noted above, it is possible, though very difficult, to regain your right to bear arms. If you have managed to do so, and are later charged with the unlawful possession of a firearm, then you should be able to produce the government pardon reestablishing your rights. Any charges should be dropped or dismissed at that time.

Lack of Evidence


As with any crime, the prosecution bears the burden of proving every element of the crime “beyond a reasonable doubt.” If there is not enough evidence to uphold this high level of proof, then the charges should be dropped or dismissed.

THE ABOVE INFORMATION IS PROVIDED FOR GENERAL REFERENCE PURPOSES AND SHOULD NOT BE CONSIDERED AS A GUIDE TO YOUR SPECIFIC CIRCUMSTANCES.

Related Laws


Laws as defined by the NRS and explanations

Weapons - General Provisions

  • NRS 202.253 - Definitions

    As used in NRS 202.253 to 202.369, inclusive:


          1.  “Antique firearm” has the meaning ascribed to it in 18 U.S.C. § 921(a)(16).


          2.  “Explosive or incendiary device” means any explosive or incendiary material or substance that has been constructed, altered, packaged or arranged in such a manner that its ordinary use would cause destruction or injury to life or property.


          3.  “Firearm” means any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion.


          4.  “Firearm capable of being concealed upon the person” applies to and includes all firearms having a barrel less than 12 inches in length.


          5.  “Firearms importer or manufacturer” means a person licensed to import or manufacture firearms pursuant to 18 U.S.C. Chapter 44.


          6.  “Machine gun” means any weapon which shoots, is designed to shoot or can be readily restored to shoot more than one shot, without manual reloading, by a single function of the trigger.


          7.  “Motor vehicle” means every vehicle that is self-propelled.


          8.  “Semiautomatic firearm” means any firearm that:

                (a) Uses a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next shell or round;

                (b) Requires a separate function of the trigger to fire each cartridge; and

                (c) Is not a machine gun.


          9.  “Unfinished frame or receiver” means a blank, a casting or a machined body that is intended to be turned into the frame or lower receiver of a firearm with additional machining and which has been formed or machined to the point at which most of the major machining operations have been completed to turn the blank, casting or machined body into a frame or lower receiver of a firearm even if the fire-control cavity area of the blank, casting or machined body is still completely solid and unmachined.

  • NRS 202.257 - Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance

          1.  It is unlawful for a person who:

                (a) Has a concentration of alcohol of 0.08 or more in his or her blood or breath; or

                (b) Is under the influence of any controlled substance, or is under the combined influence of intoxicating liquor and a controlled substance, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders him or her incapable of safely exercising actual physical control of a firearm,

     ->    to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by a person who was within the person’s personal residence and had the firearm in his or her possession solely for self-defense.


          2.  Any evidentiary test to determine whether a person has violated the provisions of subsection 1 must be administered in the same manner as an evidentiary test that is administered pursuant to NRS 484C.160 to 484C.250, inclusive, except that submission to the evidentiary test is required of any person who is requested by a police officer to submit to the test. If a person to be tested fails to submit to a required test as requested by a police officer, the officer may apply for a warrant or court order directing that reasonable force be used to the extent necessary to obtain the samples of blood from the person to be tested, if the officer has reasonable cause to believe that the person to be tested was in violation of this section.


          3.  Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.


          4.  A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive, only if, during the violation of subsection 1, the firearm is brandished, aimed or otherwise handled by the person in a manner which endangered others.


          5.  As used in this section, the phrase “concentration of alcohol of 0.08 or more in his or her blood or breath” means 0.08 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

  • NRS 202.300 - Use or possession of firearm by child under age of 18 years; unlawful to aid or permit child to commit violation

          1.  Except as otherwise provided in this section, a child under the age of 18 years shall not handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, any firearm of any kind for hunting or target practice or for other purposes. A child who violates this subsection commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.


          2.  A person who aids or knowingly permits a child to violate subsection 1:

                (a) Except as otherwise provided in paragraph (b), for the first offense, is guilty of a misdemeanor.

                (b) For a first offense, if the person knows or has reason to know that there is a substantial risk that the child will use the firearm to commit a violent act, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

                (c) For a second or any subsequent offense, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


          3.  A person does not aid or knowingly permit a child to violate subsection 1 if:

                (a) The firearm was stored in a securely locked container or at a location which a reasonable person would have believed to be secure;

                (b) The child obtained the firearm as a result of an unlawful entry by any person in or upon the premises where the firearm was stored;

                (c) The injury or death resulted from an accident which was incident to target shooting, sport shooting or hunting; or

                (d) The child gained possession of the firearm from a member of the military or a law enforcement officer, while the member or officer was performing his or her official duties.


          4.  The provisions of subsection 1 do not apply to a child who is a member of the Armed Forces of the United States.


          5.  Unless a greater penalty is provided by law, a person is guilty of a misdemeanor who:

                (a) Negligently stores or leaves a firearm at a location under his or her control; and

                (b) Knows or has reason to know that there is a substantial risk that a child prohibited from handling or having in his or her possession or under his or her control any firearm pursuant to this section may obtain such a firearm.


          6.  Except as otherwise provided in subsection 9, a child who is 14 years of age or older, who has in his or her possession a valid license to hunt, may handle or have in his or her possession or under his or her control, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child:

                (a) A rifle or shotgun that is not a fully automatic firearm, if the child is not otherwise prohibited by law from possessing the rifle or shotgun and the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun; or

                (b) A firearm capable of being concealed upon the person, if the child has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm and the child is not otherwise prohibited by law from possessing such a firearm,

     ->   and the child is traveling to the area in which the child will be hunting or returning from that area and the firearm is not loaded, or the child is hunting pursuant to that license.


          7.  Except as otherwise provided in subsection 9, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control a rifle or shotgun that is not a fully automatic firearm if the child is not otherwise prohibited by law from possessing the rifle or shotgun, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child has the permission of his or her parent or guardian to handle or have in his or her possession or under his or her control the rifle or shotgun and the child is:

                (a) Attending a course of instruction in the responsibilities of hunters or a course of instruction in the safe use of firearms;

                (b) Practicing the use of a firearm at an established firing range or at any other area where the discharge of a firearm is permitted;

                (c) Participating in a lawfully organized competition or performance involving the use of a firearm;

                (d) Within an area in which the discharge of firearms has not been prohibited by local ordinance or regulation and the child is engaging in a lawful hunting activity in accordance with chapter 502 of NRS for which a license is not required;

                (e) Traveling to or from any activity described in paragraph (a), (b), (c) or (d), and the firearm is not loaded;

                (f) On real property that is under the control of an adult, and the child has the permission of that adult to possess the firearm on the real property; or

                (g) At his or her residence.


          8.  Except as otherwise provided in subsection 9, a child who is 14 years of age or older may handle or have in his or her possession or under his or her control, for the purpose of engaging in any of the activities listed in paragraphs (a) to (g), inclusive, of subsection 7, a firearm capable of being concealed upon the person, without being accompanied by his or her parent or guardian or an adult person authorized by his or her parent or guardian to have control or custody of the child, if the child:

                (a) Has the written permission of his or her parent or guardian to handle or have in his or her possession or under his or her control such a firearm for the purpose of engaging in such an activity; and

          (b) Is not otherwise prohibited by law from possessing such a firearm.


          9.  A child shall not handle or have in his or her possession or under his or her control a loaded firearm if the child is:

                (a) An occupant of a motor vehicle;

                (b) Within any residence, including his or her residence, or any building other than a facility licensed for target practice, unless possession of the firearm is necessary for the immediate defense of the child or another person; or

                (c) Within an area designated by a county or municipal ordinance as a populated area for the purpose of prohibiting the discharge of weapons, unless the child is within a facility licensed for target practice.


          10.  For the purposes of this section, a firearm is loaded if:

                (a) There is a cartridge in the chamber of the firearm;

                (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

                (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

  • NRS 202.350 - Manufacture, importation, possession or use of dangerous weapon or silencer; carrying concealed weapon without permit

     1.  Except as otherwise provided in this section and NRS 202.3653 to 202.369, inclusive, a person within this State shall not:

                (a) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend or possess any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sand-club, sandbag or metal knuckles;

                (b) Manufacture or cause to be manufactured, or import into the State, or keep, offer or expose for sale, or give, lend, possess or use a machine gun or a silencer, unless authorized by federal law;

                (c) With the intent to inflict harm upon the person of another, possess or use a nunchaku or trefoil; or

                (d) Carry concealed upon his or her person any:

                      (1) Explosive substance, other than ammunition or any components thereof;

                      (2) Machete; or

                      (3) Pistol, revolver or other firearm, other dangerous or deadly weapon or pneumatic gun.


          2.  Except as otherwise provided in NRS 202.275 and 212.185, a person who violates any of the provisions of:

                (a) Paragraph (a) or (c) of subsection 1 or subparagraph (2) of paragraph (d) of subsection 1 is guilty:

                      (1) For the first offense, of a gross misdemeanor.

                      (2) For any subsequent offense, of a category D felony and shall be punished as provided in NRS 193.130.

                (b) Paragraph (b) of subsection 1 or subparagraph (1) or (3) of paragraph (d) of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.


          3.  Except as otherwise provided in this subsection, the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit. This subsection does not authorize the sheriff to issue a permit to a person to carry a pistol, revolver or other firearm.


          4.  Except as otherwise provided in subsection 5, this section does not apply to:

                (a) Sheriffs, constables, marshals, peace officers, correctional officers employed by the Department of Corrections, special police officers, police officers of this State, whether active or honorably retired, or other appointed officers.

                (b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such an officer.

                (c) Any full-time paid peace officer of an agency of the United States or another state or political subdivision thereof when carrying out official duties in the State of Nevada.

                (d) Members of the Armed Forces of the United States when on duty.


          5.  The exemptions provided in subsection 4 do not include a former peace officer who is retired for disability unless his or her former employer has approved his or her fitness to carry a concealed weapon.


          6.  The provisions of paragraph (b) of subsection 1 do not apply to any person who is licensed, authorized or permitted to possess or use a machine gun or silencer pursuant to federal law. The burden of establishing federal licensure, authorization or permission is upon the person possessing the license, authorization or permission.


          7.  This section shall not be construed to prohibit a qualified law enforcement officer or a qualified retired law enforcement officer from carrying a concealed weapon in this State if he or she is authorized to do so pursuant to 18 U.S.C. § 926B or 926C.


          8.  As used in this section:

                (a) “Concealed weapon” means a weapon described in this section that is carried upon a person in such a manner as not to be discernible by ordinary observation.

                (b) “Honorably retired” means retired in Nevada after completion of 10 years of creditable service as a member of the Public Employees’ Retirement System. A former peace officer is not “honorably retired” if he or she was discharged for cause or resigned before the final disposition of allegations of serious misconduct.

                (c) “Nunchaku” means an instrument consisting of two or more sticks, clubs, bars or rods connected by a rope, cord, wire or chain used as a weapon in forms of Oriental combat.

                (d) “Pneumatic gun” has the meaning ascribed to it in NRS 202.265.

                (e) “Qualified law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926B(c).

                (f) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. § 926C(c).

                (g) “Silencer” means any device for silencing, muffling or diminishing the report of a firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a silencer or muffler, and any part intended only for use in such assembly or fabrication.

                (h) “Trefoil” means an instrument consisting of a metal plate having three or more radiating points with sharp edges, designed in the shape of a star, cross or other geometric figure and used as a weapon for throwing.

  • NRS 202.357 - Electronic stun device: Use prohibited except for self-defense

          1.  Except as otherwise provided in this section, a person shall not use an electronic stun device on another person for any purpose other than self-defense.


          2.  Except as otherwise provided in this section, a person shall not have in his or her possession or under his or her custody or control any electronic stun device if the person:

                (a) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

                (b) Is a fugitive from justice;

                (c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

                (d) Is illegally or unlawfully in the United States.


          3.  A child under 18 years of age shall not have in his or her possession or under his or her custody or control any electronic stun device.


          4.  Except as otherwise provided in this section, a person within this State shall not sell, give or otherwise provide an electronic stun device to another person if he or she has actual knowledge that the other person:

                (a) Is a child under 18 years of age;

                (b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;

                (c) Is a fugitive from justice;

                (d) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

                (e) Is illegally or unlawfully in the United States.


          5.  A person who violates the provisions of:

                (a) Subsection 1 or paragraph (a) or (b) of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

                (b) Paragraph (c) or (d) of subsection 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.


          6.  A child who violates subsection 3 commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.


          7.  A person who violates the provisions of subsection 4 is guilty of a category D felony and shall be punished as provided in NRS 193.130.


          8.  The provisions of subsections 1, 2 and 4 do not apply to a peace officer who possesses or uses or sells, gives or otherwise provides to another person an electronic stun device within the scope of his or her duties.


          9.  As used in this section, “electronic stun device” means a device that:

                (a) Emits an electrical charge or current that is transmitted by projectile, physical contact or other means; and

                (b) Is designed to disable a person or animal temporarily or permanently.

  • NRS 202.360 - Ownership or possession of firearm by certain persons prohibited; penalties.

    1.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

                (a) Has been convicted of the crime of battery which constitutes domestic violence pursuant to NRS 200.485, or a law of any other jurisdiction that prohibits the same or substantially similar conduct, committed against or upon:

                      (1) The spouse or former spouse of the person;

                      (2) Any other person with whom the person has had or is having a dating relationship, as defined in NRS 33.018;

                      (3) Any other person with whom the person has a child in common;

                      (4) The parent of the person; or

                      (5) The child of the person or a child for whom the person is the legal guardian.

                (b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

                (c) Has been convicted of a violation of NRS 200.575 or a law of any other state that prohibits the same or substantially similar conduct and the court entered a finding in the judgment of conviction or admonishment of rights pursuant to subsection 7 of NRS 200.575;

                (d) Except as otherwise provided in NRS 33.031, is currently subject to:

                      (1) An extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, which includes a statement that the adverse party is prohibited from possessing or having under his or her custody or control any firearm while the order is in effect; or

                      (2) An equivalent order in any other state;

                (e) Is a fugitive from justice;

                (f) Is an unlawful user of, or addicted to, any controlled substance; or

                (g) Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.

     ->   A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.


          2.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

                (a) Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;

                (b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;

                (c) Has been found guilty but mentally ill in a court of this State, any other state or the United States;

                (d) Has been acquitted by reason of insanity in a court of this State, any other state or the United States; or

                (e) Is illegally or unlawfully in the United States.

     ->    A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.


          3.  As used in this section:

                (a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

                (b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

  • NRS 202.361 - Surrender, sale or transfer of firearm by person prohibited from owning or possessing firearm

          1.  If a person is prohibited from owning, possessing or having under his or her custody or control a firearm pursuant to NRS 202.360, the court in which the person is convicted shall order the person to surrender any firearm that the person owns or that is in his or her possession or under his or her custody or control to a designated law enforcement agency, a person designated by court order or a licensed firearm dealer, and the person shall, not later than 24 hours after service of the order:

                (a) Surrender any firearm that the person owns or that is in his or her possession or under his or her custody or control to the appropriate local law enforcement agency designated by the court in the order;

                (b) Surrender any firearm that the person owns or that is in his or her possession or under his or her custody or control to a person designated by the court in the order;

                (c) Sell or transfer any firearm that the person owns or that is in his or her possession or under his or her custody or control to a licensed firearm dealer; or

                (d) Submit an affidavit:

                      (1) Informing the court that he or she currently does not own or have any firearm in his or her possession or under his or her custody or control; and

                      (2) Acknowledging that failure to surrender, sell or transfer any firearm that he or she owns or has in his or her possession or under his or her custody or control is a violation of the order and state law.


          2.  If the court orders a person to surrender any firearm to a local law enforcement agency pursuant to paragraph (a) of subsection 1, the law enforcement agency shall provide the person with a receipt which includes a description of each firearm surrendered and the serial number of each firearm surrendered. The person shall, not later than 72 hours or 1 business day, whichever is later, after surrendering any such firearm, provide the receipt to the court.


          3.  If a person surrenders any firearm to a person designated by the court pursuant to paragraph (b) of subsection 1, the person who surrenders the firearm shall, not later than 72 hours or 1 business day, whichever is later, after the person surrenders any firearm to such person, provide to the court and the appropriate local law enforcement agency the name and address of the person designated in the order and a written description of each firearm surrendered and the serial number of each firearm surrendered to such person.


          4.  If a person sells or transfers any firearm to a licensed firearm dealer pursuant to paragraph (c) of subsection 1:

                (a) The licensed firearm dealer shall provide the person with a receipt which includes a description of each firearm sold or transferred and the serial number of each firearm sold or transferred; and

                (b) The person shall, not later than 72 hours or 1 business day, whichever is later, after such sale or transfer, provide the receipt to the court and the appropriate local law enforcement agency.


          5.  If there is probable cause to believe that the person has not surrendered, sold or transferred any firearm that the person owns or in the person’s possession or under the person’s custody or control within 24 hours after service of the order, the court may issue and deliver to any law enforcement officer a search warrant which authorizes the law enforcement officer to enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.


          6.  A local law enforcement agency may charge and collect a fee from the person for the collection of a firearm pursuant to this section. The fee must not exceed the cost incurred by the local law enforcement agency to provide the service.


          7.  As used in this section, “licensed firearm dealer” means a person licensed pursuant to 18 U.S.C. § 923(a).

  • NRS 202.362 - Sale, transfer or disposal of firearm or ammunition to certain persons prohibited

          1.  Except as otherwise provided in subsection 3, a person within this State shall not sell, transfer or otherwise dispose of any firearm or ammunition to another person or purchase a firearm on behalf of or for another person with the intent to transfer the firearm to that person if he or she has reasonable cause to believe that the other person:

                (a) Is under indictment for, or has been convicted of, a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;

                (b) Is prohibited from possessing a firearm pursuant to NRS 202.360; or

                (c) Is a known member of a criminal gang as defined in NRS 193.168.


          2.  A person who violates the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.


          3.  This section does not apply to a person who sells or disposes of any firearm or ammunition to:

                (a) A licensed importer, licensed manufacturer, licensed dealer or licensed collector who, pursuant to 18 U.S.C. § 925(b), is not precluded from dealing in firearms or ammunition; or

                (b) A person who has been granted relief from the disabilities imposed by federal laws pursuant to 18 U.S.C. § 925(c) or NRS 179A.163.


          4.  For purposes of this section, a person has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

Weapons - Concealed Firearms

  • NRS 202.3653 - Definitions

    As used in NRS 202.3653 to 202.369, inclusive, unless the context otherwise requires:


          1.  “Concealed firearm” means a loaded or unloaded handgun which is carried upon a person in such a manner as not to be discernible by ordinary observation.


          2.  “Department” means the Department of Public Safety.


          3.  “Handgun” has the meaning ascribed to it in 18 U.S.C. § 921(a)(29).


          4.  “Permit” means a permit to carry a concealed firearm issued pursuant to the provisions of NRS 202.3653 to 202.369, inclusive.

  • NRS 202.3657 - Application for permit

          1.  Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.


          2.  A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.


          3.  Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:

                (a) Is:

                      (1) Twenty-one years of age or older; or

                      (2) At least 18 years of age but less than 21 years of age if the person:

                            (I) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or

                            (II) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions;

                (b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and

                (c) Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:

                      (1) Successfully completed a course in firearm safety approved by a sheriff in this State; or

                      (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

     ->   Such a course must include instruction in the use of handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs’ and Chiefs’ Association or, if the Nevada Sheriffs’ and Chiefs’ Association ceases to exist, its legal successor.


          4.  The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:

                (a) Has an outstanding warrant for his or her arrest.

                (b) Has been judicially declared incompetent or insane.

                (c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.

                (d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has:

                      (1) Been convicted of violating the provisions of NRS 484C.110; or

                      (2) Participated in a program of treatment pursuant to NRS 176A.230 to 176A.245, inclusive.

                (e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.

                (f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

                (g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.

                (h) Is currently subject to an emergency or extended order for protection against high-risk behavior issued pursuant to NRS 33.570 or 33.580.

                (i) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.

                (j) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

                      (1) Withholding of the entry of judgment for a conviction of a felony; or

                      (2) Suspension of sentence for the conviction of a felony.

                (k) Has made a false statement on any application for a permit or for the renewal of a permit.

                (l) Has been discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under conditions other than honorable conditions and is less than 21 years of age.


          5.  The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.


          6.  If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.


          7.  An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicant’s signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:

                (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

                (b) A complete set of the applicant’s fingerprints taken by the sheriff or his or her agent;

                (c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;

                (d) If the applicant is a resident of this State, the driver’s license number or identification card number of the applicant issued by the Department of Motor Vehicles;

                (e) If the applicant is not a resident of this State, the driver’s license number or identification card number of the applicant issued by another state or jurisdiction;

                (f) If the applicant is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:

                      (1) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, as evidenced by his or her current military identification card; or

                      (2) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions, as evidenced by his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” or other document of honorable separation issued by the United States Department of Defense;

                (g) A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and

                (h) A nonrefundable fee set by the sheriff not to exceed $60.

  • NRS 202.366 - Investigation of applicant for permit

     1.  Upon receipt by a sheriff of an application for a permit, including an application for the renewal of a permit pursuant to NRS 202.3677, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit. In conducting the investigation, the sheriff shall forward a complete set of the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report concerning the criminal history of the applicant. The investigation also must include a report from the National Instant Criminal Background Check System. The sheriff shall issue a permit to the applicant unless the applicant is not qualified to possess a handgun pursuant to state or federal law or is not otherwise qualified to obtain a permit pursuant to NRS 202.3653 to 202.369, inclusive, or the regulations adopted pursuant thereto.


          2.  To assist the sheriff in conducting the investigation, any local law enforcement agency, including the sheriff of any county, may voluntarily submit to the sheriff a report or other information concerning the criminal history of an applicant.


          3.  Within 120 days after a complete application for a permit is submitted, the sheriff to whom the application is submitted shall grant or deny the application. If the application is denied, the sheriff shall send the applicant written notification setting forth the reasons for the denial. If the application is granted, the sheriff shall provide the applicant with a permit containing a colored photograph of the applicant and containing such other information as may be prescribed by the Department. The permit must be in substantially the following form:


     


    NEVADA CONCEALED FIREARM PERMIT


     


    County...............................................               Permit Number...................................


    Expires...............................................               Date of Birth........................................


    Height................................................               Weight..................................................


    Name..................................................               Address................................................


    City.....................................................               Zip.........................................................


                                                                                                       Photograph


    Signature...........................................


    Issued by...........................................


    Date of Issue.....................................


     


          4.  Unless suspended or revoked by the sheriff who issued the permit, a permit expires 5 years after the date on which it is issued.


          5.  As used in this section, “National Instant Criminal Background Check System” means the national system created by the federal Brady Handgun Violence Prevention Act, Public Law 103-159.

  • NRS 202.3662 - Confidentiality of information about applicant for permit and permittee.

          1.  Except as otherwise provided in this section and NRS 202.3665 and 239.0115:

                (a) An application for a permit, and all information contained within that application;

                (b) All information provided to a sheriff or obtained by a sheriff in the course of the investigation of an applicant or permittee;

                (c) The identity of the permittee; and

                (d) Any records regarding the suspension, restoration or revocation of a permit,

     ->   are confidential.


          2.  Any records regarding an applicant or permittee may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution.


          3.  Statistical abstracts of data compiled by a sheriff regarding permits applied for or issued pursuant to NRS 202.3653 to 202.369, inclusive, including, but not limited to, the number of applications received and permits issued, may be released to any person.

  • NRS 202.3663 - Judicial review of denial of application for permit

          If an application for a permit is denied by a sheriff, the applicant who submitted the application may seek a judicial review of the denial by filing a petition in the district court for the county in which the applicant filed the application for a permit. A judicial review conducted pursuant to this section must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

  • NRS 202.3667 - Permittee to carry permit and proper identification when in possession of concealed firearm

          1.  Each permittee shall carry the permit, or a duplicate issued pursuant to the provisions of NRS 202.367, together with proper identification whenever the permittee is in actual possession of a concealed firearm. Both the permit and proper identification must be presented if requested by a peace officer.


          2.  A permittee who violates the provisions of this section is subject to a civil penalty of $25 for each violation.

  • NRS 202.367 - Duplicate permit; notification to sheriff of recovered permit

          1.  A permittee shall notify the sheriff who issued his or her permit in writing within 30 days if the permittee’s:

                (a) Permanent address changes; or

                (b) Permit is lost, stolen or destroyed.


          2.  The sheriff shall issue a duplicate permit to a permittee if the permittee:

                (a) Submits a written statement to the sheriff, signed under oath, stating that his or her permit has been lost, stolen or destroyed; and

                (b) Pays a nonrefundable fee of $15.


          3.  If any permittee subsequently finds or recovers his or her permit after being issued a duplicate permit pursuant to this section, the permittee shall, within 10 days:

                (a) Notify the sheriff in writing; and

                (b) Return the duplicate permit to the sheriff.


          4.  A permittee who fails to notify a sheriff pursuant to the provisions of this section is subject to a civil penalty of $25.

  • NRS 202.3673 - Permittee authorized to carry concealed firearm while on premises of public building

          1.  Except as otherwise provided in subsections 2 and 3, a permittee may carry a concealed firearm while the permittee is on the premises of any public building.


          2.  A permittee shall not carry a concealed firearm while the permittee is on the premises of a public building that is located on the property of a public airport.


          3.  A permittee shall not carry a concealed firearm while the permittee is on the premises of:

                (a) A public building that is located on the property of a public school or a child care facility or the property of the Nevada System of Higher Education, unless the permittee has obtained written permission to carry a concealed firearm while he or she is on the premises of the public building pursuant to subparagraph (3) of paragraph (a) of subsection 3 of NRS 202.265.

                (b) A public building that has a metal detector at each public entrance or a sign posted at each public entrance indicating that no firearms are allowed in the building, unless the permittee is not prohibited from carrying a concealed firearm while he or she is on the premises of the public building pursuant to subsection 4.


          4.  The provisions of paragraph (b) of subsection 3 do not prohibit:

                (a) A permittee who is a judge from carrying a concealed firearm in the courthouse or courtroom in which the judge presides or from authorizing a permittee to carry a concealed firearm while in the courtroom of the judge and while traveling to and from the courtroom of the judge.

                (b) A permittee who is a prosecuting attorney of an agency or political subdivision of the United States or of this State from carrying a concealed firearm while he or she is on the premises of a public building.

                (c) A permittee who is employed in the public building from carrying a concealed firearm while he or she is on the premises of the public building.

                (d) A permittee from carrying a concealed firearm while he or she is on the premises of the public building if the permittee has received written permission from the person in control of the public building to carry a concealed firearm while the permittee is on the premises of the public building.


          5.  A person who violates subsection 2 or 3 is guilty of a misdemeanor.


          6.  As used in this section:

                (a) “Child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.

                (b) “Public building” means any building or office space occupied by:

                      (1) Any component of the Nevada System of Higher Education and used for any purpose related to the System; or

                      (2) The Federal Government, the State of Nevada or any county, city, school district or other political subdivision of the State of Nevada and used for any public purpose.

     ->   If only part of the building is occupied by an entity described in this subsection, the term means only that portion of the building which is so occupied.

  • NRS 202.3677 - Application for renewal of permit

          1.  If a permittee wishes to renew his or her permit, the permittee must:

                (a) Complete and submit to the sheriff who issued the permit an application for renewal of the permit; and

                (b) Undergo an investigation by the sheriff pursuant to NRS 202.366 to determine if the permittee is eligible for a permit.


          2.  An application for the renewal of a permit must:

                (a) Be completed and signed under oath by the applicant;

                (b) Contain a statement that the applicant is eligible to receive a permit pursuant to NRS 202.3657;

                (c) Be accompanied by a nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and

                (d) Be accompanied by a nonrefundable fee of $25.

     ->   If a permittee fails to renew his or her permit on or before the date of expiration of the permit, the application for renewal must include an additional nonrefundable late fee of $15.


          3.  No permit may be renewed pursuant to this section unless the permittee has demonstrated continued competence with handguns by successfully completing a course prescribed by the sheriff renewing the permit.

  • NRS 202.3688 - Circumstances in which holder of permit issued by another state may carry concealed firearm in this State.

          1.  Except as otherwise provided in subsection 2, a person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may carry a concealed firearm in this State in accordance with the requirements set forth in NRS 202.3653 to 202.369, inclusive.


          2.  A person who possesses a permit to carry a concealed firearm that was issued by a state included in the list prepared pursuant to NRS 202.3689 may not carry a concealed firearm in this State if the person:

                (a) Becomes a resident of this State; and

                (b) Has not been issued a permit from the sheriff of the county in which he or she resides within 60 days after becoming a resident of this State.

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