Can a Felon Own a Gun in Nevada?
The state of Nevada has specific laws regulating the ownership of firearms by felons. While the Second Amendment of the United States Constitution grants citizens the right to keep and bear arms, this right is not absolute, and certain individuals, including felons, are restricted from owning firearms.
Contents
Felon Definition
In Nevada, a felony is a serious crime that is punishable by imprisonment for more than one year. This can include violent crimes such as murder, assault, and battery, as well as non-violent crimes like burglary, fraud, and drug offenses.
Firearm Laws in Nevada
The Nevada Revised Statutes (NRS) regulate the possession, purchase, and ownership of firearms in the state. Specifically, NRS 202.360 prohibits felons from possessing or owning a firearm, except under certain circumstances.
Criminal Penalties for Felons Owning Firearms in Nevada
NRS 202.360 provides the following criminal penalties for felons owning or possessing firearms in Nevada:
• Felony Charge: Felons found in possession of a firearm can be charged with a category C felony, which is punishable by 1-5 years in prison and/or a fine of up to $10,000.
• Second Felony Charge: Subsequent offenses can result in more severe penalties, including imprisonment for 2-10 years and/or a fine of up to $20,000.
Exceptions to the Rule
While felons are generally prohibited from owning or possessing firearms, there are certain exceptions to this rule in Nevada:
• Felons Who Have Been Convicted of Non-Violent Crimes: Felons convicted of non-violent crimes may be eligible to have their firearms rights restored after completing their sentence and meeting certain requirements.
• Felons Who Have Been Convicted of a Single Crime: Felons who have been convicted of a single crime and have not committed any other felonies in the past 5 years may be eligible to possess firearms for certain purposes, such as hunting or sport shooting.
• Felons Who Have Been Pardoned or Had Their Civil Rights Restored: Felons who have been pardoned or have had their civil rights restored may be eligible to own or possess firearms, depending on the circumstances of their conviction and the pardoning process.
Background Checks and Permits
Background Checks:
- In Nevada, firearms dealers are required to conduct background checks on prospective buyers through the National Instant Criminal Background Check System (NICS).
- Felons are prohibited from purchasing or possessing firearms, and any attempts to do so would result in the denial of the sale or possession of the firearm.
Permits:
- In Nevada, residents and non-residents may apply for a permit to carry a concealed firearm, which is subject to background checks and certain eligibility requirements.
- Felons are generally ineligible for a concealed carry permit.
Legal Considerations for Felons Owning Firearms in Nevada
• Federal Law: In addition to state law, felons are also subject to federal laws regulating firearms, including the Gun Control Act of 1968 and the Lautenberg Amendment.
• Federal Convictions: Felons who have been convicted of a felony under federal law may also be prohibited from owning or possessing firearms under federal law.
• Civil Liability: Felons who violate Nevada’s firearm laws may be subject to civil liability, including lawsuits from individuals injured as a result of their actions.
Conclusion
In summary, while felons are generally prohibited from owning or possessing firearms in Nevada, there are certain exceptions and legal considerations to be aware of. Felons who have been convicted of a single non-violent crime, or have been pardoned or had their civil rights restored, may be eligible to own or possess firearms under certain circumstances. It is important for individuals with a felony conviction to understand the specific laws and regulations applicable to their situation and to consult with a legal professional if they have questions or concerns about owning or possessing firearms in Nevada.
Table: Summary of Felon Firearm Ownership Laws in Nevada
| Category | Felony Firearm Ownership Laws in Nevada |
|---|---|
| Felon Definition | Serious crime punishable by imprisonment for more than 1 year |
| Felon Penalties | Category C felony, punishable by 1-5 years in prison and/or fine of up to $10,000 |
| Exceptions | Non-violent crime, single crime (no other felonies in 5 years), pardon, civil rights restored |
| Background Checks | NICS background checks required for firearm purchases |
| Permits | Concealed carry permits subject to background checks and eligibility requirements |
| Federal Law | Felons subject to federal laws regulating firearms, including Gun Control Act of 1968 and Lautenberg Amendment |
Note: The information provided in this article is general in nature and should not be considered as legal advice. Individuals with a felony conviction should consult with a legal professional to understand the specific laws and regulations applicable to their situation.
