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Spouses of felons can own guns in Nevada in theory, but it is a bad idea in practice. Nevada law prohibits convicted felons from possessing firearms, and prosecutors may be able to argue that convicted felons are in joint- or constructive possession of any firearms that their spouses own – even if their spouses keep them in a locked safe.
If a spouse of a felon chooses to own a firearm, it would be best to keep it in another person’s house or in a storage unit under the spouse’s name and that the felon cannot access.
It is a category B felony in Nevada for convicted felons to possess a firearm. The penalty is:
Note that this punishment also applies to people who possess a firearm with a past misdemeanor battery domestic violence (NRS 200.485) conviction.1
Also note that felons who possess firearms face federal criminal charges as well. The sentence includes up to 10 years in Federal Prison and/or a fine.2
Depending on the circumstances of the case, convicted felons charged with gun possession may be able to raise the following defenses:
Typically prosecutors just charge the felon for unlawful possession of a firearm. But spouses of felons who own guns can potentially face a gross misdemeanor conspiracy charge. The penalties include:
The only way convicted felons can restore their gun rights in Nevada is to get a Nevada Governor’s Pardon. This is very difficult to do, and very few pardons are granted.
Note that getting a record seal does not restore gun rights in Nevada. Also see our page on Can a felon own a gun?
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.