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Unlawful Possession

Las Vegas Illegal Gun Lawyer Describes Unlawful Possession of a Firearm in Nevada (NRS 202)

illegal-possessionNevada law limits ownership of weapons and firearms to certain people and only for certain purposes. If you have been arrested for illegal gun posession in Las Vegas, Nevada, you should retain a criminal defense attorney as soon as possible to protect your rights.

What is unlawful possession of a firearm?

Normally, a person in Nevada can purchase and own a weapon without registration or a special permit to do so. Certain people are not allowed to possess a gun, including:

  • Anyone under the age of 18;
  • Someone who has been ruled mentally ill;
  • Convicted felons
  • People without legal immigration status in the United States;
  • Fugitives; and
  • People addicted to drugs.

Penalties for a minor person in possession of a weapon in Nevada

If a person under the age of 18 is in possession of a firearm, the penalties can be very serious. A minor cannot possess a weapon for any of the following activities:

  • Hunting;
  • Target practice; or
  • Any other purpose.

Exception for Minors in Possession of a firearm

Minors may possess weapons in Las Vegas, Nevada, if they are supervised by a parent, guardian, or someone to whom the child’s parent or guardian gives authority.

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Punishment for Minors and Adults

If a minor person under the age of 18 carries or possesses a gun without the permission and supervision of a parent or guardian, he or she can be guilty of a “delinquent act,” which is the same as a felony for an adult.

Parents and other adults can be liable also if a minor possesses a weapon. If an adult helps a minor possess a gun without proper supervision, the adult can be liable as follows:

  • For a first time offense, a misdemeanor;
  • For a first time offense, if the adult has reason to believe the minor will commit a violent crime, the adult can be guilty of a Category C felony;
  • For second time or additional offenses, an adult can be convicted of a Category B felony.

Category C felonies carry 1 to 5 years in prison and fines up to $10,000.

Category B felonies in Nevada carry 1 to 6 years in a Nevada prison and fines up to $5,000 for this offense.

Selling weapons to a minor, or someone suspected of being a minor, can also be a Category B felony.

Unlawful Possession of a Firearm by a Drug User

An unlawful user, or a person addicted to, a controlled substance is not permitted to possess a weapon in Nevada.

The penalty for doing so is a Category B felony with 1 to 6 years in prison and up to $5,000 in fines.

Unlawful possession of a firearm by a drug user is a lesser-included offense of a felon in possession charge in Nevada. This means that you cannot be convicted of both according to a recent Nevada Supreme Court Case called Byars v. State (2014).

Possession of a Gun in Nevada by a Fugitive, Mentally Ill Person, or Person without Legal Immigration Status

Any of the following people who possess a firearm in Nevada are doing so unlawfully:

  • Fugitives;
  • Mentally ill people (as determined by a court or by admittance to a mental health facility); and
  • People who are not lawfully residing in the United States.

If you fall into one of these categories and are convicted of unlawful possession of a firearm in Las Vegas, you can be subject to penalties for a Category D felony.

Category D felonies carry 1 to 4 years in a Nevada prison and up to $5,000 in fines.

More Information About Gun Lawyers in Las Vegas

All charges involving weapons are serious, especially those involving people who are not lawfully in possession of the gun in the first place.

An experienced Nevada defense lawyer can assist you in having the charges reduced to protect your rights to own a gun in the future, to get employed, and to stay in the United States if you are not a citizen.

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