POSSESSION OF FIREARM
POSSESSION OF FIREARM
FIREARM CHARGES
Criminal Defense
Being a convicted felon in Nevada not only carries a stigma, but it also strips the individual of the right to own, possess, or have custody or control of a firearm. Unless the person has received a pardon that restores their right to bear arms, they are prohibited from possessing any firearm, including even an old, inoperable one.
Your felony charge does not even have to be from Nevada; it can stem from another state or a federal charge. If you are found guilty under NRS 202.360, you will be charged with a category B felony, which carries a sentence ranging from a minimum of 1 year to a maximum of 6 years. Additionally, you may face a fine of up to $5,000.
FIREARM CHARGES
Criminal Defense
Being a convicted felon in Nevada not only carries a stigma, but it also strips the individual of the right to own, possess, or have custody or control of a firearm. Unless the person has received a pardon that restores their right to bear arms, they are prohibited from possessing any firearm, including even an old, inoperable one.
Your felony charge does not even have to be from Nevada; it can stem from another state or a federal charge. If you are found guilty under NRS 202.360, you will be charged with a category B felony, which carries a sentence ranging from a minimum of 1 year to a maximum of 6 years. Additionally, you may face a fine of up to $5,000.
NEVADA LAWS
The Second Amendment of the U.S. Constitution grants citizens the right to bear arms, but the misuse of weapons is a serious criminal offense that can lead to arrests and convictions. In Nevada, while no permit is required to purchase, own, or possess a firearm, individuals must obtain a special permit to carry a concealed weapon. Certain uses of firearms are prohibited by law, even for those who are legally allowed to carry them.
If you are facing weapon charges in Nevada, it is crucial to consult with an experienced criminal defense attorney. A conviction for any gun-related offense could result in significant consequences, including jail or prison time, substantial fines, and even deportation for non-citizens. An experienced attorney can help assess the situation and determine the best strategy for achieving a favorable outcome.
Nev. Rev. Stat. § 202.360 outlines two categories of individuals prohibited from possessing a firearm. The first category includes:
Individuals who have been convicted of a felony
Fugitives
Drug addicts or individuals who unlawfully use controlled substances
The second category includes individuals who are:
Adjudged mentally ill or have been committed to a mental health facility
Illegally or unlawfully in the United States
PENALTIES FOR FIREARM
POSSESSION
Criminal Defense
If you have been charged with unlawful possession of a firearm under Nevada law, the penalties will depend on the category you fall under:
First Category (convicted felons, fugitives, drug addicts, or individuals who unlawfully use controlled substances): You can be convicted of a category B felony, which carries a sentence of 1 to 16 years in prison and/or a fine of up to $5,000.
Second Category (individuals adjudged mentally ill, committed to a mental health facility, or unlawfully in the United States): You can be convicted of a category D felony, which carries a sentence of 1 to 4 years in prison and a fine of up to $5,000.Divider
PENALTIES FOR FIREARM
POSSESSION
Criminal Defense
If you have been charged with unlawful possession of a firearm under Nevada law, the penalties will depend on the category you fall under:
First Category (convicted felons, fugitives, drug addicts, or individuals who unlawfully use controlled substances): You can be convicted of a category B felony, which carries a sentence of 1 to 16 years in prison and/or a fine of up to $5,000.
Second Category (individuals adjudged mentally ill, committed to a mental health facility, or unlawfully in the United States): You can be convicted of a category D felony, which carries a sentence of 1 to 4 years in prison and a fine of up to $5,000.Divider
POSSESSION OF FIREARM BY A MINOR
Criminal Defense
Under Nev. Rev. Stat. § 202.300, individuals under the age of 18 are prohibited from possessing or handling a gun or firearm unless they are under the supervision of a parent or guardian. This law not only applies to the minor but can also result in penalties for the parent or guardian.
If a minor possesses a firearm without supervision, they may face detention as if they were an adult committing the offense.
An adult who knowingly allows a child to possess a firearm can be charged with a misdemeanor for the first offense. If convicted, the adult may face up to six months in jail and/or a fine of up to $1,000.
If the adult had reason to believe the child used the firearm to commit a violent act, the charge escalates to a category C felony, carrying a prison sentence of 1 to 5 years and/or a fine of up to $10,000.
For subsequent offenses, the adult may be charged with a category B felony, which carries a prison term of 1 to 6 years and/or a fine of up to $5,000.
The statute takes into account that it may be difficult to completely secure firearms in households with children. A person may not be convicted if they locked the firearm in a secure container or location, or if the container was believed to be secure. The law also considers situations where the child unlawfully accessed the firearm. Additionally, accidental injury or death related to hunting, target shooting, or sport shooting may not be punishable under this law.
POSSESSION OF FIREARM BY A MINOR
Criminal Defense
Under Nev. Rev. Stat. § 202.300, individuals under the age of 18 are prohibited from possessing or handling a gun or firearm unless they are under the supervision of a parent or guardian. This law not only applies to the minor but can also result in penalties for the parent or guardian.
If a minor possesses a firearm without supervision, they may face detention as if they were an adult committing the offense.
An adult who knowingly allows a child to possess a firearm can be charged with a misdemeanor for the first offense. If convicted, the adult may face up to six months in jail and/or a fine of up to $1,000.
If the adult had reason to believe the child used the firearm to commit a violent act, the charge escalates to a category C felony, carrying a prison sentence of 1 to 5 years and/or a fine of up to $10,000.
For subsequent offenses, the adult may be charged with a category B felony, which carries a prison term of 1 to 6 years and/or a fine of up to $5,000.
The statute takes into account that it may be difficult to completely secure firearms in households with children. A person may not be convicted if they locked the firearm in a secure container or location, or if the container was believed to be secure. The law also considers situations where the child unlawfully accessed the firearm. Additionally, accidental injury or death related to hunting, target shooting, or sport shooting may not be punishable under this law.
Why Do I Need A Lawyer?
Shimer Zach
Possession of a firearm charge can lead to severe consequences, including imprisonment, fines, and a permanent criminal record. A skilled lawyer can help by examining the circumstances, challenging the legality of the search or seizure, and providing a strong defense. With expert legal representation, you increase your chances of reducing or dismissing charges, protecting your rights and future.
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Testimonials
What Our Client Say
"This law office is by far the best in las vegas. I was facing some serious charges license being possibly suspended/revoked and 9 points on my driving record. i contacted them and their staff was very understanding and compassionate and ready to take on my case. After meeting John and his staff they started working on my case immediately to give me the best possible out come to fix the situation. Finally after everything was said and done i have a clean driving record again with no points and my life is back to normal. I am very great full and thankful for everything they have done for me including the exceptional service that was provided to me throughout this whole process. Thank you for everything." - Courtney Clark
Bripabz Bartolome
John Shimer and his firm have to be the best DUI and Traffic lawyer in Las Vegas. He goes above and beyond! He listens and cares. He takes the pain out of your already bad situation as much as possible and does his best to get the best result possible based on your situation.
kevin carmona
I had an incredible experience with Shimmer Zach. Their expertise and dedication ensured a smooth and successful outcome for my case. They were professional, attentive, and always available to answer my questions. Highly recommend their services, they over deliver!
erica chang
Smooth and professional!! Everything was so easy and to the point, I barely had to do anything and they took care of everything for me! Highly recommended!!
Testimonials
What Our Client Say
"This law office is by far the best in las vegas. I was facing some serious charges license being possibly suspended/revoked and 9 points on my driving record. i contacted them and their staff was very understanding and compassionate and ready to take on my case. After meeting John and his staff they started working on my case immediately to give me the best possible out come to fix the situation. Finally after everything was said and done i have a clean driving record again with no points and my life is back to normal. I am very great full and thankful for everything they have done for me including the exceptional service that was provided to me throughout this whole process. Thank you for everything." - Courtney Clark
Bripabz Bartolome
John Shimer and his firm have to be the best DUI and Traffic lawyer in Las Vegas. He goes above and beyond! He listens and cares. He takes the pain out of your already bad situation as much as possible and does his best to get the best result possible based on your situation.
kevin carmona
I had an incredible experience with Shimmer Zach. Their expertise and dedication ensured a smooth and successful outcome for my case. They were professional, attentive, and always available to answer my questions. Highly recommend their services, they over deliver!
erica chang
Smooth and professional!! Everything was so easy and to the point, I barely had to do anything and they took care of everything for me! Highly recommended!!
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DISCLAIMER:
Everything displayed on this site shall be regarded as general advertising and educational information and in no way should it be interpreted as legal advice. This does not create an attorney-client relationship. You should contact an attorney directly regarding your own situation. An attorney-client relationship will only be established after you hire us and we have established that there is no conflict of interest.
© 2024 Law Offices of Shimer Zach. All Rights Reserved
DISCLAIMER:
Everything displayed on this site shall be regarded as general advertising and educational information and in no way should it be interpreted as legal advice. This does not create an attorney-client relationship. You should contact an attorney directly regarding your own situation. An attorney-client relationship will only be established after you hire us and we have established that there is no conflict of interest.