Felon In Possession of a Firearm

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 a firearm. 

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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.   

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.  

For more information related to Nevada gun convictions, please see the following resources: