On This Page
WHAT IS EX-FELON IN POSSESSION OF A FIREARM IN NEVADA?
Nevada law prohibits convicted felons from owning, possessing, or having custody or control of any firearm. This applies to all felony convictions — including out-of-state convictions — and is separate from the federal prohibition.
WHAT THE PROSECUTION MUST PROVE
To convict you of Ex-Felon in Possession of a Firearm in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant has a prior felony conviction
The defendant owned, possessed, or had custody or control of a firearm
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR EX-FELON IN POSSESSION OF A FIREARM IN NEVADA
Ex-Felon in Possession
Category B felony. 1 to 6 years in Nevada State Prison.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending ex-felon in possession of a firearm charges
This is one of the most commonly charged federal and state crimes in Las Vegas. Both state and federal prosecutors can charge this offense — and federal sentences are often harsher.
Constructive possession is a key issue. You do not have to physically hold the firearm — if it is in your home or car and you have knowledge of it and the ability to exercise control, you can be charged.
Rights restoration is possible in Nevada. If your civil rights have been restored following a felony conviction, you may be able to legally possess firearms. Consult an attorney about the restoration process.
The prior conviction does not have to be for a violent crime. Any felony — including drug offenses, fraud, or property crimes — triggers the prohibition.
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 EX-FELON IN POSSESSION OF A FIREARM
Every case is unique, but these are the defenses most commonly raised in ex-felon in possession of a firearm cases in Nevada:
No knowledge of the firearm
No actual or constructive possession
Prior conviction was expunged or rights were restored
Unlawful search and seizure
The prior conviction does not qualify as a disqualifying felony