“Felon with a Firearm” – Law & Penalties in Nevada

Nevada Revised Statute § 202.360 prohibits people with felony convictions from owning or possessing guns for life. Being a “felon with a firearm” is a category B felony, punishable by:

• 1 to 6 years in Nevada State Prison and
• up to $5,000 in fines.

The only way to restore your Nevada gun rights after a felony conviction is through a Governor’s Pardon. Getting a record seal has no effect other than clearing your background check.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding being a felon in possession of a firearm in Nevada:

• 1. Elements of NRS 202.360
• 2. The Wobbler Exception
• 3. Defenses
• 4. Misdemeanors with Gun Bans
• 5. Immigration Consequences
• 6. Record Seals
• 7. Pardons
• 8. Federal Law
• Frequently Asked Questions
• Additional Reading

1. Elements of NRS 202.360

For you to be convicted of being a felon in possession of a firearm in Nevada, prosecutors have to prove beyond a reasonable doubt the following two elements:

1. You are a convicted felon; and
2. You possessed a firearm.

It does not matter whether the felony occurred outside of Nevada or occurred long ago. The only time NRS 202.360 does not apply is if your felony conviction was “pardoned” by the applicable state governor.

Note that “firearms” comprise all types of handguns and long guns, including pistols, revolvers, rifles, semi-automatic weapons, and antique firearms. You are considered in “possession” of a firearm in one of three ways:

1. actual possession, such as physically carrying the gun; or
2. constructive possession, such as owning the gun or keeping the gun in your home, car, or other location you have control over; or
3. joint possession, such as sharing a gun with someone else.

Note that if you unlawfully possess multiple firearms at one time and place, you would face only one NRS 202.360 charge, not a separate charge for each firearm.¹

2. The Wobbler Exception

In Nevada, certain attempt crimes known as “wobblers” can be punished as either felonies or gross misdemeanors. If your defense attorney negotiates a plea deal where your wobbler charge is recorded as a gross misdemeanor—either at sentencing or retroactively after you finish probation—you are not considered a “convicted felon.”

Getting a gross misdemeanor conviction rather than a felony conviction does not carry the lifetime firearm ban unless the crime was for domestic violence or stalking.²

However, be careful: A standard “honorable discharge” from a felony probation without a specific reduction of the charge to a gross misdemeanor does not restore your gun rights. The conviction must officially be entered as a gross misdemeanor to avoid the ban.

3. Defenses

Here at Las Vegas Defense Group, we have represented countless people charged with possessing a gun following a felony conviction, In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting NRS 202.360 charges reduced or dismissed:

1. You were never in possession of the firearm and did not own it, and law enforcement was mistaken.
2. Someone falsely accused you.
3. Your past felony was pardoned, and therefore, you are allowed to possess guns.
4. The object you had might resemble a gun but does not qualify as a firearm.
5. The police department committed misconduct, such as entrapment or an unlawful search or seizure.

Note that it is not a solid defense to “felon with a firearm” charges to argue that you possessed the gun for self-defense. Nevada’s “stand your ground” law only protects you if you are not engaged in criminal activity at the time you use force: Since being a “felon in possession” is itself a crime, you are technically committing a crime the moment you pick up a gun to defend yourself.

Therefore, prosecutors would argue that you lose the statutory immunity of “standing your ground” and have a duty to retreat, especially before using deadly force. The court may then find that any self-defense claim is invalid because your possession of the weapon was unlawful from the start.³

4. Misdemeanors with Gun Bans

Most misdemeanor convictions do not trigger lifetime gun bans in Nevada, but there are two exceptions:

• battery domestic violence (BDV) and
• stalking a family member or current or former intimate partner.

Possessing a gun in Nevada following a misdemeanor BDV or stalking conviction carries the same penalties as if you were a convicted felon:

• 1 to 6 years in prison and
• up to $5,000.⁴

5. Immigration Consequences

All firearm offenses are usually deportable.⁵ Consequently, non-citizens facing charges of violating NRS 202.360 should retain an attorney right away to try to get the charge reduced or dismissed: That may be the only way to remain in the U.S.

6. Record Seals

If you are convicted of being a felon in possession of a firearm in Nevada, you can petition the court for a record seal five years after the case closes. Though if the charge gets dismissed, you can pursue a record seal immediately.⁶

Remember that Nevada record seals do not restore gun rights. Only Nevada pardons can reverse a lifetime ban.

Non-Nevada Felonies

While Nevada does not allow record sealing to restore gun rights, federal law looks to the law of the state where the conviction occurred. If you have a felony conviction from another state that does allow for “expungement” or “set asides” that fully restore civil rights (including gun rights), the federal government typically honors that restoration.⁷

This means if you had an out-of-state conviction expunged effectively in that jurisdiction, you might not be prohibited under federal law, even if you live in Nevada now. Always consult an attorney to verify if your specific expungement qualifies.

7. Pardons

The only avenue for regaining gun rights following a Nevada felony conviction is applying for a governor’s pardon. Getting a pardon is rare and requires a showing of exceptional rehabilitation.

When determining whether to issue a pardon, the Nevada Board of Pardon Commissioners considers such factors as:

• The seriousness of the felony,
• Whether enough time passed since the felony occurred (usually 10-plus years of clean behavior),
• Whether you were honorably discharged,
• Any other criminal history,
• Whether you have remorse for past crimes,
• Your employment history (stability matters),
• Whether your character has been rehabilitated since your conviction.

The Board is not just the Governor acting alone; it consists of the Governor, the Attorney General, and the Justices of the Nevada Supreme Court. To get your gun rights restored, a majority of this Board—including the Governor—must vote to grant your application.⁸

8. Federal Law

Federal law prohibits convicted felons from possessing firearms or ammunition that was transported across state lines. The prison sentence is up to 10 years, though defendants with at least three prior felony convictions face a minimum of 15 years in prison.⁹

Frequently Asked Questions

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Time To Reload: The Harms Of The Federal Felon-in-possession Ban In A Post-Heller World – Duke Law Journal.
• Problematic Presumptions: Why The Current State of Felon-in-Possession Law Risks Punishing the Innocent – University of Pennsylvania Law Review.
• Notice(ing) Ex-Offenders: A Case Study of the Manifest Injustice of Passively Violating a Felon-in-Possession Statute – Wisconsin Law Review.
• Going off Half-Cocked: Opposing as-Applied Challenges to the “Felon-in-Possession” Prohibition of 18 U.S.C. Sec. 922(g)(1) – Penn State Law Review.
• In Defense of Felon-in-Possession Laws – Cardozo Law Review.

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Legal References