According to 18 U.S.C. § 921(a)(33) and NRS § 202.360, if you were convicted of a misdemeanor for domestic violence or a felony, you cannot own a firearm. However, the Nevada Board of Pardons Commissioners could pardon you of a conviction. These pardons are rarely granted, though. That being the case, since it’s the only way to restore your gun rights, you may want some extra help with the application process.
A Las Vegas criminal defense attorney from De Castroverde Criminal & Immigration Lawyers can step in and guide you through the process. They can review your criminal record, determine your eligibility for a pardon, and ultimately fight to restore your gun rights.
You Must Receive a Pardon to Restore Your Gun Rights in Nevada
The Nevada Board of Pardons Commissioners (which includes the Governor of Nevada, the Nevada Supreme Court, and the Nevada Attorney General), will decide whether to pardon you and restore your gun rights. According to the Board, a pardon:
- Removes all disabilities that result from the conviction
- Forgives your conviction but does not forget it
- Is the only way you can restore your Second Amendment rights
Note that a pardon doesn’t overturn the verdict of your case, fix your reputation, or clear you from all of your convictions.
How the Board Makes Its Decision
When the Board reviews your application for a pardon, they will look at various factors to reach a decision, including:
- Your character since you were released from custody
- Your financial and professional stability
- Your participation in the community
- How long it’s been since you were convicted
- The severity and nature of the crimes you were convicted of committing
- If you have genuine remorse for committing those alleged offenses
You need to complete a waiting period before you submit your application to the Board. This length of time depends on the type and the severity of the crime you want them to pardon and how long it’s been since you were released from prison, parole, and probation.
Your Eligibility to Receive a Pardon
Keep in mind that the Board can only pardon you for a state conviction, not a federal one. Only the President of the United States and the U.S. Department of Justice have the power to pardon federal crimes.
In Nevada, you are eligible for a pardon if you’re out of prison or jail and free of court supervision. However, you may not have grounds to apply if:
- You are a registered sex offender
- You are addicted to drugs or controlled substances
- You are out on parole
- You are mentally ill
- You violate NRS 200.575, which is committing the crime of stalking
If you violate 18 U.S.C. § 921(a)(33) and NRS § 202.360 and obtain a firearm, you will receive a Felony B charge. Penalties for this conviction include one to six years in prison and up to a $5,000 fine.
Restoring Your Civil Liberties in Las Vegas
When you apply for a pardon, you must specifically ask the Board to restore your gun rights. Otherwise, they will most likely just restore your civil rights. Per the Nevada Department of Corrections (NDOC), those would be:
- The right to vote
- The right to serve on a jury for civil and criminal cases
- The right to run for a non-judicial elective or non-law enforcement position
Fill out Form DOC-2050 and mail it to the NDOC Offender Management Division.
How a Nevada Criminal Defense Lawyer From Our Firm Can Help
It’s difficult to receive a pardon, even if you are qualified. A Las Vegas criminal defense attorney’s legal services can help when you’re going through the application process. They can:
- Determine your eligibility to apply
- Help you fill out the application to restore your gun and civil rights
- Gather evidence to show that you have worked to improve your character, financial situation, and life overall since you got out of prison and were released from custody
- Represent you in a hearing
- Handle communications with all respective parties
- Protect your rights
We understand that this can be a confusing process. A criminal defense lawyer from our firm can answer all your questions if you ever need clarification. You can also count on them to update you on any developments in your case.
Our Former Clients Speak of Our Dedication to Them
At De Castroverde Criminal & Immigration Lawyers, we work to secure the most favorable outcome for all of our clients. In addition, our attorneys ensure that our clients feel comfortable and in the loop from the start of their case to its resolution. Take a look at what some former clients of ours had to share about their experiences with us:
“My case was not an easy one. For having counts for a felony, David was able to reduce everything to a misdemeanor that would also not affect my immigration status notwithstanding my previous conviction today, 2/4/15 at Regional Justice Center. I feel so relieved, overjoyed, and happy. I don’t usually leave reviews, but I really owe this one to this law group!!!!” -Fatima
“Great experience. I have had two cases with them and they are very quick to respond with any questions. They notify me about everything that is going on with my case. They made it super easy and took a load off my back. I will be using them for all my future legal needs.” -Andrea
Our team is standing by to hear your case and see how we can help you restore your rights.
Get Help from Our Gun Rights Lawyers in Las Vegas
If you need help restoring your gun rights, look no further than the Nevada criminal defense lawyers at De Castroverde Criminal & Immigration Lawyers. We will advocate for you throughout the legal process and help you seek justice.