Felon Charged With Possession of A Firearm

Felon Charged With Possession of A Firearm NRS 202.360

Being a convicted felon in Nevada not only carries a stigma but also deprives a felon the right to own, possesses, have custody or control of a firearm.  Unless the person has received a pardon that restored the person’s right to bear arms, then he or she cannot be a felon and have a firearm.  This includes even an old inoperable firearm.  

Your felony charge does not even have to be from Nevada, it can be from another state or a federal charge.  If you are found guilty of NRS 202.360 you will be charged with a category B felony which carries a minimum 1 year to a maximum 6 year sentence.  You may also be fined not more than $5000.00. 

Even if you are a felon you still have defenses if they apply.  The State prosecutor will still have to prove you actually owned or had possession of the firearm.  If the firearm was not owned by you or in your possession then the state prosecutor would have to prove you had knowledge of the firearm and it was under your control or custody.  If you are a felon you should make sure that there are no firearms in your residence, in places that you may stay, or in your vehicle.  Such places make it easier for prosecution to prove you had knowledge of the firearm and had control/custody of it.  There may also be pretrial defenses available for your defense if your rights were violated, such as law enforcement violating your 4th amendment right.  Unfortunately, the 2nd amendment is not a defense to this charge.

Contact the Law Offices of Garrett T. Ogata to schedule a free consultation at 702-366-0891.