The right to keep and bear arms is one of the most fundamental rights in the United States of America, and it is a right that is guaranteed by the Second Amendment of the United States Constitution. While you have the right to bear arms, however, the government has a strong public safety interest in regulating weapons.
As a result of the strong public safety interest in regulating weapons, there are a wide array of state and federal laws that restrict who can buy guns, what types of guns a person can possess, where and when guns can be carried, and what other weapons you are allowed to have or prohibited from possessing. There are also many criminal laws which make certain types of behavior in connection with weapons unlawful.
In the state of Nevada, laws related to weapons are found in Chapter 202 of Title 15. Chapter 202 is the part of the state’s penal code that defines various offenses against public health and safety. Weapons offenses are considered to be crimes against public health and safety, and there is a separate subcategory of Chapter 202 that details all of the different weapons offenses made illegal under state law.
If you have been accused of a weapons offense, it’s important to understand the specific legal definition of the crime so you will know exactly what a prosecutor would have to prove in order to convict you of the offense. You’ll also need to understand the defenses available to you to fight charges and the techniques that you can use to introduce reasonable doubt as to your guilt so you can fight for acquittal. LV Criminal Defense is here to help, so give us a call today to find out about the assistance that Nevada defense lawyers at our firm can provide as you face weapons charges.
The weapons subcategory of Chapter 202 is further divided into additional subcategories, including a subcategory detailing crimes related to dangerous weapons and firearms; a subcategory related to concealed firearms; a subcategory related to tear gas and weapons; and a subcategory related to acts of terrorism and weapons of mass destruction.
Within each of these different sections of Title 15 Chapter 202 are statutes setting forth definitions relevant to the law; specific crimes along with the element of each crime; and potential penalties that could be imposed upon defendants who are found to have violated any of the laws. There are also statutes that help to regulate the possession and use of weapons, such as statutes setting forth the rules on who is authorized to conduct a background check on a person who wishes to obtain a firearm and how an application for a concealed carry permit must be submitted and processed.
Understanding all of these laws is important so you will know what your rights and obligations are and so you can do your best to comply with the law so you do not find yourself facing charges. It may be most important, however, to understand the exact requirements for any offense which you are charged with committing because when you are accused of violating Nevada’s laws on weapons, your future is at stake.
There are many different types of criminal conduct with weapons that are prohibited within this part of Nevada law. For example, some of the different offenses that are defined within the weapons subcategory of Chapter 202 include, but are not limited to:
• Possession of firearms when you are under the influence of alcohol, any controlled substance or any intoxicating substance.
• The unlawful possession of any components of explosives or incendiary devices with the intent to manufacture explosives.
• The possession of explosive or incendiary devices in or near public places or certain private locations.
• The unlawful manufacture, possession, sale, advertisement, or transportation of hoax bombs.
• Possessing a dangerous weapon on school grounds or in the vehicle of a school or a child care facility.
• Destroying a building through the use of explosives.
• The unlawful manufacture or sale of metal-penetrating bullets.
• The possession, manufacture, or disposition of short-barreled rifles or shotguns
• Altering or removing the serial number on firearms.
• Selling or possessing tear gas bombs or other prohibited weapons
• Acts related to weapons of mass destruction, lethal agents, toxins or delivery systems.
If you have been accused of violating any of the laws in connection with these weapons offenses, you should work with a Vegas defense attorney to understand exactly what the specific elements of the crime are. A prosecutor who is pressing charges against you has the legal burden of proving every element of the crime you are accused of committing so if you can introduce reasonable doubt about any aspect of the offense, you should be acquitted of charges.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
A Vegas criminal defense attorney at LV Criminal Defense can provide assistance as you face charges connected to weapons offenses. Because many weapons crimes are felony offenses, you could be looking at a long prison sentence if convicted and could have your rights curtailed in the future, including your right to lawfully own a gun. You should reach out to our skilled legal team to help you to do everything possible to try to avoid this undesirable outcome.
Our firm has extensive experience helping defendants to fight accusations they violated provisions of Chapter 202 of Title 15 and we have a long track record of successfully helping clients to avoid conviction or to reduce penalties through the negotiation of an effective plea agreement. To find out more about the many ways in which our firm can fight for you and advocate for your rights when you have been accused of a weapons offense in Las Vegas, give us a call today.