Nevada law prohibits certain individuals from possessing a gun. In order to accurately understand the specifications of this law, there are several elements to the law that need to be recognized.

WHAT IS POSSESSION OF A FIREARM BY PROHIBITED PERSONS?

Under NRS 202.360, a person shall not own or have under his or her possession or custody any firearm if he or she has been considered a felon in this or any other state, is a fugitive from justice, or is an unlawful user of any controlled substance, is mentally ill or is residing illegally in the United States.  

PENALTIES OF POSSESSION OF A FIREARM BY PROHIBITED PERSONS?

If you have been convicted of possession of a firearm by a prohibited person, and you are a convicted felon, fugitive from justice or an unlawful user, you are guilty of a category B felony and will be punished:

  • A minimum of 1 year and a maximum of 6 years in a state prison; and
  • A possible find of no more than $5,000.

If you have been convicted of possession of a firearm by a prohibited person, and you are mentally ill or illegally residing in the US, you are guilty of a category D felony and will be punished:

  • A minimum of  1 year and a maximum of no more than 4 years in a state prison; and
  • A possible fine of no more than $5,000.

DEFENSES TO POSSESSION OF A FIREARM BY PROHIBITED PERSONS CHARGES:

While this conviction may seem frightening at first, there are several defenses to such charge. Each of the following may constitute as a defense to the conviction:

  • You were not actually in possession of the firearm and/or you were not aware that the firearm was in your custody.

  • Under Nevada law, you are not considered a convicted felon.

  • The search and seizure that led to the discovery of the firearm was illegal.

Because every case is different, you should contact your attorney about the specific facts of your case in order to receive the proper legal advice and help you deserve. Contact Adrian Lobo for a consultation in order to discuss the specific facts of your case.