Nevada Red Flag Laws – What you need to know

Posted on October 12, 2022

If a person in Nevada appears at high risk of self-harm or harming others, the state’s red flag law allows police or certain family members to ask the court for a protection order preventing the high-risk person from having guns.

Emergency high-risk orders last for seven days, but they can be extended for one year at a time. If the high-risk person ever violates the order by possessing a gun, they can be charged with a misdemeanor carrying

• up to 6 months in jail and/or
• up to $1,000 in fines.

1. Who can apply for a red flag order in Nevada?

A high-risk person’s “family or household members” may petition a Nevada court for a high-risk protection order. The family or household member just needs to reasonably believe that the high-risk person (“adverse party”) poses an imminent risk of causing

• a self-inflicted injury or
• a personal injury to another person

by having or buying a gun.

“Family or household members” include the high-risk person’s:

• spouse, siblings, children, or parents;
• co-parent;
• domestic partner;
• any person who has a biological or legal parent and child relationship with the adverse party, such as an adoptive parent, stepparent, stepchild, grandparent or grandchild;
• present or past legal guardian; and
• current boyfriend or girlfriend.

In addition, police officers can also apply for a high-risk protection order if they have probable cause to believe that the high-risk person poses an imminent risk of causing

• a self-inflicted injury or
• a personal injury to another person

by having or buying a gun.

Note that it is a misdemeanor crime to apply for a high-risk protection order if the applicant knew it was false or did it just to harass the “adverse party.” Misdemeanors carry

• up to 6 months in jail and/or
• up to $1,000 in fines.¹

2. What qualifies as high-risk behavior?

Nevada courts can order you to not possess guns for displaying any of the following high-risk behaviors:

• using, attempting to use, or threatening the use of physical force against another person;
• threatening imminent violence toward yourself or another person;
• committing a violent act directed toward yourself or another person;
• engaging in a pattern of violent threats or acts against yourself or another person;
• exhibiting conduct that a law enforcement officer reasonably determines would seriously and imminently threaten public safety;
• engaging in conduct which presents a danger to yourself or another person while in possession, custody or control of a firearm, or while purchasing or otherwise acquiring a firearm;
• abusing a controlled substance or alcohol while engaging in high-risk behavior described above;
• acquiring a firearm or other deadly weapon within the immediately preceding six months before you otherwise engage in high-risk behavior described above;
• having been previously convicted of violating a protection order against domestic violence or sexual assault; or
• having been previously convicted of a felony crime of violence.²

3. How do I apply for a high-risk protection order in Nevada?

Family or household members of the “adverse party” should fill out the following form – High-Risk Protection Order Application for and Declaration in Support – and file it with their local local Nevada court.

There is no cost to file this application. Plus there is no requirement to notify the “adverse party.”

Within one judicial day of filing the application, the court will hold a hearing. The court will then issue an emergency order prohibiting the “adverse party” from having guns if it finds by a preponderance of the evidence that:

1. The adverse party poses an imminent risk of causing a self-inflicted injury or a personal injury to another person by possessing, controlling, purchasing or otherwise acquiring any firearm; and
2. The adverse party engaged in high-risk behavior; and
3. Less restrictive options have been exhausted or are not effective.

Emergency orders last for seven days. As soon as the police serve the “adverse party” with the order, the person has to surrender their firearms to the police and not obtain any new ones while the order is in effect.

Before the emergency order expires, the court will hold a second hearing. The “adverse party” must be served notice of this second hearing and an opportunity to be heard.

At the second hearing, the court will issue an extended order prohibiting the “adverse party” from having guns if it finds by clear and convincing evidence that:

1. The adverse party poses an imminent risk of causing a self-inflicted injury or a personal injury to another person by possessing, controlling, purchasing or otherwise acquiring any firearm; and
2. The adverse party engaged in high-risk behavior; and
3. Less restrictive options have been exhausted or are not effective.

Extended orders can last for up to one year. Before the extended order ends, the adverse person’s family or household members can petition the court to extend the order for up to another year.³

4. What is the penalty for violating a high-risk protection order?

It is a Nevada misdemeanor for an “adverse party” in a high-risk protection order to possess or buy firearms. Penalties include

• up to 6 months in jail and/or
• up to $1,000 in fines.⁴

5. Can high-risk protection orders be dissolved early?

Yes. The family or household member who originally applied for the high-risk protection order can ask the Nevada court to dissolve the order. Or the “adverse party” can ask the court to dissolve the order.

Either way, the court will dissolve a high-risk protection order if it finds by clear and convincing evidence that the “adverse party” no longer poses a risk of causing

• a self-inflicted injury or
• a personal injury to another person

by having or buying guns.

Note that if both the adverse party and the person who originally applied for the order stipulate to dissolve the order, the court will dissolve the order upon a finding of good cause.⁵

6. When do the guns get returned?

When a high-risk protection order expires or is dissolved in Nevada, the police department has 14 days to return all the surrendered guns back to the “adverse party.”⁶

Learn more about Nevada gun laws.

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Legal References