Possession of Fire Arms
Felon Charged With Possession of A Firearm NRS 202.360
Being a convicted felon in Nevada not only carries a stigma but also deprives a felon the right to own, possesses, have custody or control of a firearm. Unless the person has received a pardon that restored the person’s right to bear arms, then he or she cannot be a felon and have a firearm. This includes even an old inoperable firearm.
Your felony charge does not even have to be from Nevada, it can be from another state or a federal charge. If you are found guilty of NRS 202.360 you will be charged with a category B felony which carries a minimum 1 year to a maximum 6 year sentence. You may also be fined not more than $5000.00.
Even if you are a felon you still have defenses if they apply. The State prosecutor will still have to prove you actually owned or had possession of the firearm. If the firearm was not owned by you or in your possession then the state prosecutor would have to prove you had knowledge of the firearm and it was under your control or custody. If you are a felon you should make sure that there are no firearms in your residence, in places that you may stay, or in your vehicle. Such places make it easier for prosecution to prove you had knowledge of the firearm and had control/custody of it. There may also be pretrial defenses available for your defense if your rights were violated, such as law enforcement violating your 4th amendment right. Unfortunately, the 2nd amendment is not a defense to this charge.
Possession of a Firearm When Under The Influence of Alcohol, Controlled Substance or other Intoxicating Substance NRS 202.257
Similar to Nevada’s DUI statute, NRS 202.257 makes it illegal to have a firearm in one’s actual physical control while having a Blood Alcohol Content (BAC) of 0.10 or more, or while being impaired to a degree which renders one incapable of safely exercising actual physical control of a firearm.
If the prosecution can prove you had a BAC of 0.10 or greater or were impaired, there is still the requirement of you having actual physical possession of the firearm. The statute specifically requires actual physical possession, and does not allow for constructive possession of the firearm. This means the firearm must be on you, such as in your pocket. The statute does not allow possession of the firearm to not be on his or her person, such as a glove box or under your seat, even though you have dominion and control over it. If you do not actually have the firearm on you, then an attorney will try to get this charge dismissed or fight for a not guilty verdict.
There is also a defense to Possession of a Firearm while Under the Influence in the statute even if you have actual physical possession of the firearm. The statute does not apply if you had actual physical possession while within your personal residence and had the firearm in your possession solely for self-defense.
If you are found guilty you will be charged with a misdemeanor. If prosecution seeks forfeiture of your firearm after you have been found guilty, further requirements will also have to be proved. Not only is actual physical possession required, one will also have had to brandished, aimed or otherwise handled the firearm in a manner which endangered others.
If your firearm has been seized an attorney my file a motion to return property or fight the charge itself.
Contact the Law Offices of Garrett T. Ogata at 702-825-7856.