In Nevada, you can exercise your Second Amendment rights to keep and bear arms, but you must follow state and federal laws related to obtaining a gun, carrying a gun, and using the gun. There are strict rules designed to ensure that guns do not fall into the hands of people who should not have them and to ensure that guns are not used in dangerous situations such as when you are intoxicated.
Because Nevada has a strong public safety interest in regulating weapons, there are many types of behaviors in connection with guns and other weapons that have been made illegal within the state of Nevada. Most of the laws related to weapons offenses are found within Chapter 202 of Title 15.
Title 15 is the penal code detailing crimes and punishments within Nevada and Chapter 202 is the part of the penal code that defines offenses against public safety and health. Weapons offenses are considered offenses against public safety and health, and there are several categories within Chapter 202 that detail weapons offenses and set forth rules for guns and other weapons.
For those who violate laws related to weapons, the penalties are often very serious. Many weapons offenses are felony offenses that carry long prison sentences if convicted. Conviction could also result in you being barred permanently from exercising your Second Amendment rights at all.
You need to protect your rights and your future if you have been accused of a weapons offense, which means you need a Nevada defense attorney who knows how to fight for you when you’re accused of a violation of Chapter 202 of Title 15. Vegas defense lawyers at LV Criminal Defense have provided representation to many defendants accused of various types of crimes against public safety and health, including many types of weapons offenses.
We can use our legal skills and our knowledge of these types of criminal prosecutions to help you fight for the best outcomes possible if you’ve been accused of wrongdoing, so give us a call today to find out how we can help if you’ve been accused of breaking the rules related to weapons.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Chapter 202 of Title 15 has a weapons category of offenses, which is further subdivided into different sections including a section devoted to dangerous weapons and firearms as well as a section related to concealed firearms and a section related to tear gas and weapons.
The subsection related to dangerous weapons and firearms includes Nevada Revised Statutes section 202.253 through 202.362. Within these statutes, the first law, N.R.S. 202.253, sets forth the definitions applicable throughout each of the other statutes in the weapons category of offenses.
For example, N.R.S. 202.253 defines an explosive or incendiary device to include any substance or material constructed, altered, or packaged such that using it in an ordinary fashion could cause destruction or injury to property or life. Firearm is defined by this statute to include any weapon from which a projectile can be expelled through a barrel by the force of an explosion or combustion. A firearm capable of being concealed on a person refers to all firearms with a barrel less than 12 inches long, and a motor vehicle refers to all self-propelled vehicles. These definitions will matter for other statutes, such as those related to obtaining permits to conceal carry weapons.
In addition to definitions, there are statutes within the weapons category of Chapter 202 that deal with many different issues related to the sale, possession, transfer, or use of weapons. For example, N.R.S. 202.254 establishes requirements and limitations on when it is possible for a private person to be authorized to obtain a background check in connection with the sale of a gun.
The weapons subsection does more than just establish the parameters of the right to own weapons. It also defines many specific crimes connected to weapons, including detailing the elements of the offense that a prosecutor must prove to secure a conviction as well as the penalties that could be imposed in circumstances where the defendant is convicted.
Each of the different offenses has its own specific criteria for what must be proved for a defendant to be found guilty. For example, Nevada Revised Statute section 202.260 establishes the rules regarding when someone could be convicted of the unlawful possession, manufacture, or distribution of an explosive or incendiary device.
Under this statute, a person who unlawfully possesses, manufactures or disposes of an explosive device or incendiary device with the intent to destroy life or property can be found guilty of a Category B felony. A prosecutor would have to prove the defendant acted intentionally to destroy life and would have to prove the defendant actually possessed, manufactured, or disposed of an explosive or incendiary device. If a prosecutor could not prove any of the elements of this offense, such as not being able to prove the intent of the defendant, the defendant should be acquitted.
Because each statute under the weapons category of Chapter 202 details its own unique requirements fro what a prosecutor has to prove in order for a defendant to be convicted, anyone who is accused of a weapons offense should get help from a Vegas defense lawyer in understanding exactly what evidence will be important in their particular case.
LV Criminal Defense can help you to evaluate the charges you’re faced with, consider the strength of the prosecutor’s case, and come up with the right legal strategy aimed at getting the best outcome possible in your particular circumstance. We can fight for acquittal in court, fight to get charges dropped, or help you to negotiate a plea deal depending upon the circumstances. To find out more about how our firm can help you, give us a call today.