A felony conviction in Nevada carries serious consequences, including losing the Second Amendment right to possess a firearm. If you are a convicted felon in possession of a firearm in Nevada facing charges, you need an experienced Las Vegas gun charge criminal defense attorney. When you hire a lawyer from De Castroverde Law Group Criminal & Immigration, you can be confident we will work hard to defend against your charges to avoid the penalty for felon in possession of firearm.
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Can a Felon Own Firearms in Las Vegas?
Per NRS 202.360, persons who have been convicted of felonies are prohibited from bearing firearms unless:
- The convicted felon received a pardon that allows them to carry concealed weapons.
- The individual’s felony conviction was set aside.
- The individual’s felony conviction was expunged.
- The convicted felon was able to restore their rights in Nevada or whichever state where the felony occurred.
People with felony convictions involving domestic violence or abuse are prohibited from owning a gun in Nevada, regardless of the above exceptions. Juveniles who get charged with felonies in adult court may also be barred from owning guns, with some exceptions.
Legal Framework for Felon in Possession of a Firearm
Possession of a firearm by a felon is explicitly prohibited in Nevada. Nevada law provides that “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 of a felony in this State or any other state … 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.”
What does this mean? If you have been convicted of a felony in Nevada or any other state, you can face serious criminal charges if you are in possession of a firearm. This law applies regardless of whether the gun is loaded, unloaded, operable, or inoperable.
The legal definition of possession of a firearm includes actual or constructive possession. Actual possession can mean physically holding the firearm in your hand (or on your person) or having it in your control within arm’s reach. Constructive possession includes having a firearm in a safe at your home or concealed at your office in your desk. While not in your immediate possession, having access and control of the weapon will be considered constructive possession.
Implications and Penalties
If you do possess a firearm in violation of Nevada law, you can be charged with a category B felony. The minimum sentence for felon in possession of a firearm is a one-year prison term with a maximum term of six years. You will also be fined up to $5,000.
You may also be subject to federal laws if you are found in possession of a firearm in Nevada. A federal felon in possession of a firearm sentence is harsher than under Nevada law. Specifically, if you are in possession of a firearm with a felony conviction on your record (or awaiting trial on felony charges), and the firearm or ammunition was carried across state lines into Nevada, a federal conviction can result in up to ten years in prison. And, if you have three or more prior felony convictions, you could be imprisoned for at least fifteen years without parole.
If you have been convicted of a felony, the only way to regain your right to possess a firearm is through a pardon. The Nevada State Board of Pardons Commissioners, a Board composed of the Governor, the State Supreme Court Justices, and the Attorney General, will decide whether to pardon you if you make such a request. Although very few pardons are issued, some factors that may weigh in favor of you receiving a pardon include:
- The crime was not serious.
- Several years have passed since your case was closed.
- You accepted responsibility for your actions and showed remorse.
- You have demonstrated that you are a positive influence in your community.
Defenses and Legal Strategies
You may wonder, “Can a felon beat a gun charge?” With an attorney from De Castroverde Law Group Criminal & Immigration, you can trust they will work hard to develop strong defenses tailored to your case, which may include the following arguments:
- You were not in possession of a firearm – If you did not have actual or constructive possession of the subject firearm, you should not be convicted. Your attorney will offer evidence to show that you did not have possession, defeating any charges.
- You were not prohibited from carrying a firearm – If you obtained the necessary pardon restoring your right to carry a gun, you would not be in violation of Nevada law.
- Law enforcement found the fireman in an illegal search – Your attorney may request the court suppress any evidence obtained through a police officer’s unlawful search and seizure. If the judge determines the gun was located through an illegal search, the prosecutor may not be able to proceed with their case against you.
- You were acting in self-defense – Nevada is a “stand your ground” state, meaning that you can defend yourself if you were not the original aggressor and not in the process of committing a crime. The specific circumstances of your case dictate whether this limited argument may apply. However, if you can prove you acted in an emergency that justified your taking someone else’s gun for only the few moments you needed to defend yourself, your attorney may argue this defense applies in your case.
Your attorney will thoroughly investigate the facts and circumstances that led to your gun charges. They will build a strong case by developing and advancing your best defenses. And, if the prosecutor cannot prove beyond a reasonable doubt that you possessed the gun, you cannot be convicted of unlawful possession of a firearm.
How Can a Criminal Defense Lawyer Help Felons Facing Firearm-Related Charges?
At De Castroverde Criminal & Immigration Lawyers, our attorneys help our clients fight off their charges, which may result in having them reduced or eliminated altogether. To do so, our gun charge attorneys in Nevada perform the following services:
- Private investigation: Our legal team immediately begins analyzing the nature of your arrest, criminal processing, interrogation, search and seizures, and any other aspect of your case to determine whether the prosecution respected your rights and had probable cause to charge you with possession of a firearm. If we discover that you were wrongfully arrested, charged, or even convicted, we will help you counter these allegations.
- Legal appearances: We can send out one of our criminal defense attorneys to serve as your representative as soon as you call. If we enter your case early, we may be able to petition for lower bail to release you from jail and schedule hearing dates that give us enough time to gather evidence on your behalf and prepare your defense. If you are not native to Las Vegas or Nevada, our attorneys can attend hearings in your place and give case updates.
- Evidence retrieval: Our legal team can work to gather key evidence that supports your defense. For example, we may look into whether the alleged weapons were registered in another person’s name and therefore do not belong to you. We can also observe video footage that captured whether someone else planted the weapon to frame you. We may also contact witnesses who can testify on your behalf.
- Communications: With criminal cases, any statements you make may be used against you. With a criminal defense lawyer from our firm representing you, they can handle statements about your case so that it remains protected. They can also serve as a barrier between you and law enforcement during official interrogations and file motions to cease any attempts to communicate with you if it could jeopardize your case.
Resources for Cases Involving Possession of Firearms in Las Vegas
The following resources may provide you with useful information for your gun charges case:
- Nevada Board of Pardons Commissioners: If you would like to request a pardon on your felony conviction, you can fill out a request for a pardon and send it to the Nevada Board of Pardons Commissioners. This website also provides information links on how to seal your record of criminal proceedings as well as how to begin the process to restore your rights.
- State of Nevada Department of Corrections: If you would like to learn more information on how to restore your civil rights, you can refer to the State of Nevada Department of Corrections’ website. Here, you will learn which civil rights you lose as a convicted felon, such as the right to vote or own firearms.
- The United States Department of Justice’s Office of the Pardon Attorney: If your felony involves federal charges, you can request a pardon from the United States Department of Justice’s Office of the Pardon Attorney. Here, you can review the status of pending pardon cases.
Depending on the nature of your case, our legal team may also refer other resources you can read up on at home as we manage your case.
Contact an Experienced Criminal Defense Lawyer Today
At De Castroverde Law Group Criminal & Immigration, we are dedicated to helping clients like you navigate the Nevada criminal justice system. We understand how stressful it can be to be charged with possession of a firearm If you have a felony on your record. We have extensive experience assisting individuals facing criminal gun charges throughout Nevada. Contact us today by phone or on our website to get started with your case. We offer free initial case reviews, so there is no financial risk in speaking to one of our skilled and knowledgeable criminal defense attorneys.