Unlawful Possession of a Firearm

Unlawful Possession of a Firearm

While the state of Nevada does not require a permit to purchase, own or possess a firearm, it is against state law for certain individuals to do so. If you fall under the category of a prohibited person as defined in Nevada statute and are arrested for unlawful possession of a firearm, you could face stiff penalties that can include jail or prison time and/or steep fines. If you have been charged with unlawfully possessing a firearm, it is important to hire an attorney who is experienced with Nevada’s gun laws.

Las Vegas Lawyer for Unlawful Possession of a Firearm

If you are charged with unlawful possession of a firearm in Las Vegas or the surrounding areas of Henderson, Mesquite or Laughlin, it is in your best interests to contact an experienced criminal defense attorney. With nearly a decade of experience serving men, women, and youth of Clark County in weapon-related offenses, Joel M. Mann will fight hard in your defense.

The Law Office of Joel M. Mann will provide you with a free, confidential consultation. Regardless of the circumstances of you arrest, it's important to understand all of your legal options. Call the Law Office of Joel M. Mann at (702) 474-6266 or send an online message to schedule a free consultation.


Prohibited Person under Nevada Law

Nev. Rev. Stat. § 202.360 places persons prohibited from possessing a firearm in two categories. The first category includes:

  • Individuals who have been convicted of a felony
  • Fugitives
  • Drug addicts or individuals who unlawfully use controlled substances

The second category defining individuals prohibited from using firearms can include the following:

  • Individuals who are adjudged mentally ill or who have been committed to a mental health facility
  • Individuals who are illegally or unlawfully in the United States

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Nevada’s Penalties for Possession of a Firearm

If you have been charged with unlawful possession of a firearm, the penalties you can face for a conviction will vary depending on which category you fall under. If you are classified in the first category, as defined above, you can be convicted of a category B felony, and can face one to sixteen years in prison and/or a fine not more than $5,000. The second category can result in a category D felony, which includes one to four years imprisonment and a fine up to $5,000.


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Possession of a Firearm by a Minor in Las Vegas

Individuals under the age of 18 are prohibited from possessing a gun or firearm. Nev. Rev. Stat. § 202.300 states a person under the age of 18 cannot handle or possess a gun or firearm unless he or she is under the supervision of a parent or guardian. This offense can result in penalties for both the child and the parent. The child may potentially be detained as if the crime were committed by an adult.

An adult who knowingly allows a child to possess a gun or firearm can also be charged with a misdemeanor if it is their first offense. If convicted of this misdemeanor offense, an individual could receive a jail sentence up to six months and/or a fine not more than $1,000. However, if an adult had reason to believe that the child used the firearm to commit a violent act, the charge would then be a category C felony and the adult could receive a prison sentence of one to five years and/or a fine of up to $10,000.

For any subsequent offense, an adult who knowingly allows a child to possess a firearm or gun can be charged with a category B felony. This sentence carries a term of one to six years in a Nevada state prison and/or a fine up to $5,000.

This Nevada statute takes into account how difficult it may be to completely safeguard weapons possessed by an adult in a household or location where a child can potentially reach it. A person may not be convicted of permitting a child to use a firearm if he or she locked the weapon in a secure container or location, or if the container or location was believed to be secure. This also includes the child unlawfully entering the location to take possession of the firearm. Additionally, injury or death related to an accident while hunting, target shooting or sport shooting may not be punishable as an offense.


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Law Office of Joel M. Mann | Nevada Attorney for Unlawful Possession of a Firearm

If you or someone you know has been charged with unlawful possession of a firearm in Clark County, contact defense lawyer Joel M. Mann to learn more about your options. Now is the time to take every step possible to avoid conviction and the serious penalties that may follow. Joel M. Mann is an experienced gun defense lawyer in Las Vegas who represents clients throughout Nevada, including the areas of Henderson, North Las Vegas, Boulder City, Mesquite, Laughlin, and nearby communities. Call (702) 474-6266 for a free consultation and learn more about your defense options.