Weapons are tightly regulated in the state of Nevada in order to prevent and minimize the risk to the public that is presented by unsafe ownership of weapons. Chapter 202 of Title 15, the chapter of Nevada’s criminal code dealing with crimes against public health and safety, has an entire subcategory specifically dedicated to weapons offenses.
Within the subcategory related to weapons offenses, there are rules about the possession of explosive or incendiary devices. There are also rules in place about being in possession of any components of explosive or incendiary devices if your intent for possessing these items is to make a device that is explosive or incendiary.
If you have been accused of violating the laws related to components of explosive or incendiary devices, you should reach out to LV Criminal Defense for help. Our dedicated and experienced legal team can fight on your behalf to help you emerge from your involvement with the criminal justice system with no penalties or with the minimum of consequences possible under the circumstances.
To find out more about how our firm can provide help in connection with weapons crimes or other violations of Chapter 202, give us a call today.
The statute within Chapter 202 that deals with the possession of components of explosive or incendiary devices is Nevada Revised Statute section 202.261. N.R.S. 202.261 prohibits knowingly possessing any component of an explosive device or of an incendiary device with the intention of manufacturing an explosive or incendiary device.
Because this is an intent crime, a prosecutor must prove that you meant to use the component of the device to actually create the device. It can often be difficult for prosecutors to be able to successfully prove intent, which gives you the opportunity to try to introduce reasonable doubt about your guilt and earn an acquittal.
If the prosecutor does convince the court you are guilty, the offense of unlawfully possessing a component of explosives or incendiary devices in violation of N.R.S. 202.261 is a serious felony crime. It is considered to be a category B felony, and the potential penalty as defined by statute includes a minimum of one year in state prison and a maximum term of six years of imprisonment, along with a fine up to $5,000. Being left with a felony record could also impact your career opportunities and your rights in the future, including your right to own weapons.
N.R.S. 202.261 does, however establish some exceptions to the general rule prohibiting the possession of a component of an explosive or incendiary device with the intent to manufacture such a device.
Under subsection 3 of the statute, the law makes clear that you are not prohibited from possessing components of incendiary devices with the intent to use those components in making such a device if you possess the components in connection with your duties related to mining, construction, agriculture, or for any other valid occupational purpose. If you possess the components with authorization from the government because you need to use the components to perform your duties, you also can’t be charged with a violation of N.R.S. 202.261.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
You do not want to be convicted of a category B felony offense for unlawfully possessing a component of an explosive or incendiary device. Because of the high stakes due to the serious potential consequences of a conviction, you should reach out to a Vegas defense attorney for help as soon as you have been charged with wrongdoing connected to possession of components of explosive or incendiary devices.
LV Criminal Defense can help you to develop and implement a legal strategy so you can maximize your chances of the most favorable outcomes possible in difficult circumstances. Contact our Vegas defense attorneys today to find out more.