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The Penalties for Being an Ex-Felon in Possession of a Gun

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The Penalties for Being an Ex-Felon in Possession of a Gun


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:

  1. Were convicted of a misdemeanor domestic violence crime as defined by federal statutes
  2. Were convicted of stalking
  3. Have a domestic violence order of protection issued against them
  4. Fled the state or any other to avoid prosecution
  5. Are addicted to alcohol or controlled substances
  6. 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:

  1. Prison sentence between 1 and 6 years
  2. 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:

  1. Was dishonorably discharged from the military, or
  2. 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.

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