Clark County courts have the authority to issue temporary or extended restraining orders to prevent acts of domestic violence in Nevada.1 As part of the order, courts may require that the adverse party (the person being ordered to stay away) give up their guns and refrain from possessing them throughout the duration of the order.
In determining whether to order someone to relinquish all firearm possession, the Nevada court looks at:
- the person's history of domestic violence in Nevada,
- if they have used firearms in the commission of a crime, and
- whether they have used firearms to harass or hurt the person seeking the restraining order.2
If a Nevada court demands that you relinquish your firearms pursuant to a restraining order, you have only twenty-four hours to surrender them. The order will specify whether to give them to a law enforcement agency, another person, or to sell them. Within seventy-two hours, you must provide the court with a receipt of the transfer of the firearms.
If the court has probable cause to believe that you did not follow the restraining order and surrender your guns, law enforcement may search wherever there is probable cause to believe you have a firearm and seize it.3 Violation of the restraining order is a category B felony carrying 1 to 6 years in Nevada State Prison and maybe $5,000.4
Have you been arrested for violating a restraining order, Nevada gun crime law or other offenses? Phone our Las Vegas firearms offense lawyers at 702-DEFENSE (702-333-3673) to schedule a free consultation with us to discuss your charges. Our Las Vegas firearms offense lawyers will argue your side and try to get charges dismissed or pled down to lesser offenses.
Go to our Nevada gun crime law homepage.
4NRS 33.031 (Nevada SB 124 (2017))