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WHAT IS MACHINE GUNS & SHORT-BARRELED SHOTGUNS IN NEVADA?
Under NRS 202.350, it is a Category B felony to possess, manufacture, or transfer machine guns, short-barreled rifles, or short-barreled shotguns without proper federal registration under the National Firearms Act. Nevada law mirrors federal restrictions on these weapons. A 'short-barreled shotgun' has a barrel under 18 inches or overall length under 26 inches. A 'short-barreled rifle' has a barrel under 16 inches. Machine guns that fire automatically are also prohibited without NFA registration.
WHAT THE PROSECUTION MUST PROVE
To convict you of Machine Guns & Short-Barreled Shotguns in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant possessed, manufactured, or transferred the prohibited weapon
The weapon meets the legal definition of a machine gun, short-barreled rifle, or short-barreled shotgun
The defendant lacked proper federal NFA registration for the weapon
The defendant had knowledge of the weapon's presence and nature
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR MACHINE GUNS & SHORT-BARRELED SHOTGUNS IN NEVADA
Category B Felony
1 to 6 years in Nevada State Prison and fines up to $5,000
Federal NFA Violation
Up to 10 years in federal prison and $250,000 fine
Additional Consequences
Permanent loss of all firearm rights, weapon forfeiture
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending machine guns & short-barreled shotguns charges
Many of these cases involve modified weapons — someone who legally owned a shotgun and had the barrel cut down, not realizing this creates a federal crime. The modification itself is the offense.
Federal prosecution is a serious risk in these cases. I work to resolve matters at the state level whenever possible to avoid the harsher federal sentencing guidelines.
Proper NFA registration is a complete defense. If the weapon is registered with the ATF under the National Firearms Act, possession is legal. I always verify whether proper registration exists.
Constructive possession is a common issue — if the weapon was found in a shared space, the prosecution must prove the defendant had knowledge and control over it.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO MACHINE GUNS & SHORT-BARRELED SHOTGUNS
Every case is unique, but these are the defenses most commonly raised in machine guns & short-barreled shotguns cases in Nevada:
The weapon is properly registered under the National Firearms Act
The weapon does not meet the legal definition of a prohibited weapon
Constructive possession — the weapon belonged to someone else
Unlawful search and seizure
Lack of knowledge that the weapon was present