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Wrongful Possession Of A Firearm In Nevada
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US-000303
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FAQ
In Nevada, a convicted felon can request a pardon from the government for his or her past crimes. A pardon does not erase a criminal conviction but instead is a type of forgiveness. Nevada pardons can restore the civil rights a felon lost after he or she was convicted, including the right to bear arms.
Constructive possession includes having a firearm in a safe at your home or concealed at your office in your desk. While not in your immediate possession, having access and control of the weapon will be considered constructive possession.
Constructive possession is the legal possession of an object that is not in the person's direct physical control. Like other “constructive” meanings, constructive possession legally functions as actual possession in a variety of ways.
“Constructive possession” means the defendant, although not actually possessing an object, knowingly exercised dominion or control over it, either acting alone or through another person. “Dominion or control” means either actual ownership of the object or power over it.
Under NRS 202.360, a person shall not own or have under his or her possession or custody any firearm if he or she has been considered a felon in this or any other state, is a fugitive from justice, or is an unlawful user of any controlled substance, is mentally ill or is residing illegally in the United States.
A person who has direct physical control of something on or around his or her person is then in actual possession of it. A person who is not in actual possession, but who has both the power and the intention to exercise control over something is in constructive possession of it.
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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. Nevada law prohibits anyone who has been convicted of a felony from owning or possessing a firearm.Doing so is a category B felony under NRS § 202.360. It is unlawful to control or actually possess a firearm while intoxicated or under the influence of a controlled substance. There are no restrictions on carrying a firearm in a vehicle in the state of Nevada. The form that you will have to fill out to petition for an order for protection will have a place where you can request additional protections. Being a convicted felon in Nevada not only carries a stigma but also deprives a felon the right to own, possesses, have custody or control of a firearm. Since voters in Nevada passed a background checks initiative in 2016, legislators in the state have enacted several significant gun safety laws. The only way for a felon to own a gun in Nevada is to obtain a pardon. Like federal law, in Nevada, a convicted felon is not permitted to own a gun.