Possession of a Firearm When Under The Influence of Alcohol, Controlled Substance or other Intoxicating Substance NRS 202.257

Similar to Nevada’s DUI statute, NRS 202.257 makes it illegal to have a firearm in one’s actual physical control while having a Blood Alcohol Content (BAC) of 0.10 or more, or while being impaired to a degree which renders one incapable of safely exercising actual physical control of a firearm.

If the prosecution can prove you had a BAC of 0.10 or greater or were impaired, there is still the requirement of you having actual physical possession of the firearm.  The statute specifically requires actual physical possession, and does not allow for constructive possession of the firearm.  This means the firearm must be on you, such as in your pocket.  The statute does not allow possession of the firearm to not be on his or her person, such as a glove box or under your seat, even though you have dominion and control over it.  If you do not actually have the firearm on you, then an attorney will try to get this charge dismissed or fight for a not guilty verdict.

There is also a defense to Possession of a Firearm while Under the Influence in the statute even if you have actual physical possession of the firearm.  The statute does not apply if you had actual physical possession while within your personal residence and had the firearm in your possession solely for self-defense.

If you are found guilty you will be charged with a misdemeanor.  If prosecution seeks forfeiture of your firearm after you have been found guilty, further requirements will also have to be proved.  Not only is actual physical possession required, one will also have had to brandished, aimed or otherwise handled the firearm in a manner which endangered others. 

If your firearm has been seized an attorney my file a motion to return property or fight the charge itself. 

Contact the Law Offices of Garrett T. Ogata at 702-366-0891.