As a convicted felon, you give up a lot of rights. One right that is widely misunderstood is that of weapons possession. In Nevada, it is illegal for a person that has been convicted of a felony or a domestic violence crime to possess a firearm. If you are caught with a firearm, you could face harsh penalties – including a possible ten-year prison sentence.
The Definition Under the Law
It is federal law, not just Nevada state law, that makes it illegal for a felon to possess a firearm. Anyone convicted of a crime that carries a maximum punishment of one year or more in prison or of a domestic violence crime loses their right to carry a firearm. Even if you were convicted of your felony in another state you would be unable to carry a firearm in Nevada. You do not have to physically serve a year in prison either – you just have to be convicted of a crime that required you to serve more than one year in prison. So if you were let out on parole or probation, you still would be unable to carry a gun under the federal law.
Exceptions to the Rule
Every rule has its exceptions, and this one is no different. There are several white collar crimes that have a one or more year prison sentence, but they are not covered by the gun ban. These can include:
- antitrust violations,
- unfair trade practices,
- restraints of trade, and
- other similar white collar crimes
Also, if you were a convicted felon from another country, the federal ban would not apply to you in the United States; however, the ban does extend into U.S. territories, including Guam.
Is Nevada Law and Federal Law the Same?
While the state has adopted its own laws and regulations for firearms, the Nevada state laws do follow the federal ones in regards to felons possessing firearms. A difference that does exist between federal and Nevada laws is that, if you were convicted of a misdemeanor domestic violence crime, you may possess a firearm according to Nevada law, while federal law prohibits you from carrying one.
Can You Restore Your Gun Rights?
There are opportunities to restore your gun rights. The gun ban does not extend to those records that have been set aside or expunged. Also, if you have been pardoned for your crime or had your civil rights restored you may be able to regain your right to carry a firearm. The only way to do this in Nevada, however, is to receive a government pardon that specifically restores your right to possess a gun. Note that sealing your record in Nevada does not automatically qualify you.
Arrested for a Weapons Crime? Protect Your Right to Carry a Firearm in the Future
Being charged with a felony means that you would have to give up your right to carry a firearm – even if that firearm was used for protection. The Las Vegas criminal attorneys at De Castroverde Law Group offer aggressive representation for those arrested for weapons or other serious crimes. Let us help you protect your freedom. Call us for a consultation at (702) 222-9999 or fill out an online contact form.