Gun Rights in Nevada After a Domestic Violence Arrest
1. Domestic Violence Acts in Nevada
If you have been arrested for a domestic violence offense in Nevada, you could possibly be required to give up your rights to own or possess a firearm. However, only certain offenses in Nevada are considered domestic violence offenses that can result in a termination of your rights to own and possess a firearm.
Acts that constitute domestic violence under Nevada law (NRS § 33.048) can occur when one party commits any of the following offenses against their spouse, former spouse, any other person who is related by blood or marriage, any other person with whom the alleged offender resides, any other person the alleged offender is in a dating relationship with, or any other person the alleged offender has a child with:
- Sexual assault;
- False imprisonment;
- Harassing conduct against the other person, including stalking, trespassing, arson, larceny, destruction of private property, injuring or killing an animal, and carrying concealed weapon without a permit;
- Compelling through force or threat of force a person to act or refrain from acting in a way they are legally permitted to; and
- Unlawful entry on another person’s property.
2. Nevada Gun Rights and Orders for Protection Against Domestic Violence Your rights to own or possess a firearm in Nevada may be terminated if an order for protection against domestic violence has been issued in your case; or if you have been convicted of a crime that originated from domestic violence. When an order for protection has been issued the judge must specifically state your gun or firearm rights have been revoked in the order.
If the court determines that domestic violence has occurred or a threat of violence exists at your hearing for an order for protection against domestic violence, the court may grant a temporary or extended order of protection against you. The protection order can be issued even if you are not convicted of a domestic violence offense.
In order for the protection order to be granted, the alleged domestic violence victim must have requested the issuance of the order and filed an application for issuance of the order.
3. Loss of Gun Rights After Issuance of an Order for Protection in Nevada
If an extended order for protection against domestic violence has been issued in your case, the order may enjoin, or prevent, you from possessing or having custody or control of any firearm while the order is in effect, according to NRS § 33.031.
As defined in NRS § 33.031, the court will look at the following factors to determine whether to include the gun provisions in the extended order of protection:
- If the alleged offender has a documented history of domestic violence;
- If the alleged offender has threatened or used a firearm to injure or harass the alleged victim, a minor child or any other person; and
- If the alleged offender has used a firearm in the commission or attempted commission of any criminal offense.
The loss of your gun rights can only occur if an extended order for protection has been issued. If a temporary order for protection has been issued in your case, the gun provisions are generally not included in the order unless the court determines an emergency situation exists.
Additionally, the order may require you to surrender, sell or transfer any firearm in your possession or under your custody or control, according to NRS § 33.033. At the protective order hearing, the judge may order you to sell or hand over your guns to a police officer, the court, or a licensed firearm dealer within 24 hours of service of the order.
4. How to Recover Your Gun Rights After a Nevada Arrest for Domestic Violence
The restraint against owning or possessing a firearm in Nevada is only applicable while your extended order for protection is in effect.
The maximum time period an extended order for protection against domestic violence can be effective is one year. However, this period of time can be less than one year depending on the time period the court decides. Additionally, a temporary order expires within a period of time the court sets, but cannot last more than 30 days.
After this period of time has passed, your rights to own and possess a gun will be restored. Additionally, if you are required to have a firearm or gun for your employment, and your employer will provide storage for the firearm when you are not working, you may be eligible to keep your gun or firearm even while an extended order for protection is in place.
It is important to know that if you violate the terms of your protective order that prevent you from owning or possessing a firearm, you may be convicted of an additional gross misdemeanor, which can result in up to one year in jail and/or a fine up to $2,000.