In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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A conviction for any felony or for a misdemeanor crime of battery domestic violence makes it illegal to own a firearm in Nevada.1 Illegal possession of a firearm is a category B felony that can be punished by up to six years in prison.
Unfortunately, the only way to restore your Nevada gun rights is to receive a pardon from the Nevada Board of Pardons Commissioners.2 The Board consists of the governor of Nevada, the justices of the Nevada Supreme Court and the Nevada Attorney General.
In this article, our Las Vegas criminal defense attorneys discuss:
No. Pardons are difficult to obtain in Nevada. A thousand or so pardon petitions are received each year by the Board of Commissioners, which only agrees to a hearing in approximately 2% of cases. Of those who receive a hearing, however, some 50% are granted pardons.
This makes the pardon application the single most critical factor in restoring your gun rights in Nevada. We can help you craft a compelling pardon petition that offers you the best chance of success with the Nevada Pardons Board.3
The Board of Pardons Commissioners can only pardon you for a Nevada state conviction. They do not have the authority to pardon federal convictions or convictions from another state or territory.
If you were convicted in another state, you will need to obtain a pardon from that state’s pardon commission or governor. Pardons for federal crimes can only be granted by the President of the United States through a petition filed with the United States Department of Justice Office of the Pardon Attorney.
To be considered for a pardon in Nevada, you must no longer be serving your sentence or subject to the supervision of the courts. Thus you are not eligible to have your Nevada gun rights restored if:
To learn how to terminate your obligation to register as a sex offender, please see our article: How to get off the Nevada sex offender registry.
Although exceptions are made, your gun rights may only be restored after a certain period of time has passed since your full release from the justice system. These are minimum periods only: The Nevada Board of Pardons Commissioners typically rejects pardon applications unless a “significant period of time has passed.”
The earliest you may normally apply for a Nevada pardon depends on the category of your conviction as follows:
Misdemeanor domestic violence
Category E felony
Category C or D felony
Category B felony
Category A felony
There are numerous additional requirements for applications for Nevada pardons. To learn about these requirements, please see our article on Nevada Pardons Law.
A pardon can restore your civil rights, including your Second Amendment right to own a firearm. However, not all Nevada pardons restore gun rights. Your pardon must specify that it is “full and unconditional” or it must specifically restore your right to own a firearm.
In order to be considered for a pardon that restores your gun rights, you must check the restore gun rights box on your Nevada pardon application. If you do not check this box, the Pardon Board will not restore your gun rights.
However, even if you check the box, the Board is not required to restore your right to own a firearm. That decision is fully within the discretion of the Board.
Note that a Nevada pardon “forgives” you of a crime but does not erase your record. The only way to erase your record is to get your Nevada criminal record sealed (although that in itself will not restore your gun rights).
States usually honor each other’s pardons, but they are not obligated to do so. Some states have stricter gun laws than Nevada’s. Accordingly, we recommend that you seek legal counsel in the state where you wish to possess a gun before relying on a Nevada pardon.
However, once Nevada has restored your gun rights, you cannot be convicted of unlawfully possessing a firearm under federal law.5
In Nevada, you may not possess or own a firearm if you:
Note that there are various locations (such as schools and child care facilities) where even lawful firearm owners may not carry or possess guns.6
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.