Besides jail time and fines, being convicted of a felony can have a number of long-term consequences. One of the punishments you can face is having your gun rights restricted. That means, although the Constitution guarantees the right to bear arms, you, as a convicted felon, would not be able to exercise this right. If you violate the law, you could be facing a prison sentence and fines.
What Law Restricts Gun Rights?
N.R.S. 202.360 is the Nevada statute that prohibits you from possessing or purchasing a firearm. The law applies if you have been convicted of a felony in this State or another state. The only way you would legally be allowed to own a gun after being convicted of a felony is if you received a pardon for the offense.
However, being an ex-felon isn’t the only time your firearm rights could be restricted.
The law also states that a person is prohibited from possessing firearms if they:
- Were convicted of a misdemeanor domestic violence crime as defined by federal statutes
- Were convicted of stalking
- Have a domestic violence order of protection issued against them
- Fled the state or any other to avoid prosecution
- Are addicted to alcohol or controlled substances
- Are prohibited by federal law from having a gun
What Are the Potential Penalties?
Being an ex-felon in possession of a firearm is a serious offense and the punishments for a violation of the law are severe. If you were convicted of a felony, or are restricted from owning a gun because you fall under one of the categories listed earlier, you could be charged with a category B felony.
The conviction penalties for this offense include a:
- Prison sentence between 1 and 6 years
- Fine of up to $5,000
If you were deemed mentally ill in a criminal case, were committed to a mental health facility, entered a plea of guilty but mentally ill, or are in the U.S. illegally, possessing a firearm is a category D felony. If convicted, you could spend up to 4 years in prison and/or be ordered to pay a fine of $5,000.
Are There Federal Charges?
Firearm restrictions for ex-felons aren’t imposed by only state laws. Federal statutes also prohibit you from possessing a gun.
The situations in which it is unlawful for a person to own a gun are similar in state and federal laws.
However, 18 U.S.C. § 922(g) also forbids firearm ownership if a person:
- Was dishonorably discharged from the military, or
- Renounced their U.S. citizenship
The conviction penalties for violating the federal law concerning illegally possessing a firearm increase. If you are found guilty you could be sentenced to up to 10 years in prison and may be ordered to pay a fine.
Schedule a Free Consultation with the Law Offices of Kenneth A. Stover
If you’ve been accused of committing a felony in Reno, speak with our experienced attorney as soon as possible. We will begin building a solid legal strategy on your behalf and will work toward a favorable outcome in your case.
For help fighting criminal charges, call us at (775) 502-1575 or contact us online.