Ex-Felon in Possession of a Firearm – NRS 202.360

Overview

Under Nevada Revised Statute (NRS) 202.360, it is illegal for individuals convicted of certain felonies to possess firearms. This law is designed to enhance public safety by preventing those with a history of violent or serious criminal behavior from having access to weapons. Understanding the implications of this statute is crucial for ex-felons, law enforcement, and anyone facing allegations of illegal firearm possession.

Definition of Ex-Felon in Possession of a Firearm

NRS 202.360 specifically prohibits individuals convicted of felonies from possessing firearms. Key components of the law include:

1. Definition of a Felony: A felony is a serious crime, typically punishable by imprisonment for more than one year. Crimes that can lead to felony convictions include violent crimes, drug offenses, and theft.
2. Possession of a Firearm: This statute applies to any form of possession, including actual possession (having the firearm on one’s person) and constructive possession (having control over the firearm, such as in one’s home or vehicle).
3. Restoration of Rights: In Nevada, ex-felons may have their right to possess firearms restored after completing their sentence, including parole and probation, provided their conviction does not involve specific disqualifying offenses, such as certain violent felonies.

Legal Requirements for Prosecution

To secure a conviction for being an ex-felon in possession of a firearm under NRS 202.360, the prosecution must prove several elements beyond a reasonable doubt:

1. Prior Felony Conviction: The accused must have a felony conviction that qualifies under Nevada law.
2. Possession of a Firearm: The prosecution must establish that the accused was in possession of a firearm, whether directly or constructively.
3. Knowledge of Possession: The prosecution must demonstrate that the accused knew they were in possession of the firearm.

Related Offenses

The offense of ex-felon in possession of a firearm is related to several other offenses, including:

• Possession of a Controlled Substance – NRS 453.336: Involves the illegal possession of drugs, which can overlap with firearm possession charges.
• Unlawful Possession of a Firearm – NRS 202.360: This broader statute includes various circumstances under which firearm possession may be illegal, including for individuals with misdemeanor domestic violence convictions.
• Assault with a Deadly Weapon – NRS 200.471: Involves using a firearm to commit assault, which can lead to additional charges for ex-felons found with firearms.

Examples of Ex-Felon in Possession of a Firearm Offenses

To illustrate how NRS 202.360 is applied, consider these examples:

• Example 1: An individual with a felony conviction for robbery is found in possession of a handgun during a routine traffic stop. This would likely lead to charges under NRS 202.360 for being an ex-felon in possession of a firearm.
• Example 2: A former felon has a firearm stored in their home. If law enforcement conducts a search and discovers the weapon, they can be charged under this statute, regardless of whether the individual was actively using the firearm.

Penalties for Ex-Felon in Possession of a Firearm

The penalties for violating NRS 202.360 can be severe:

• Category B Felony: Being an ex-felon in possession of a firearm is typically charged as a Category B felony, which carries:
  • Imprisonment: 1 to 6 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
• Enhanced Penalties: If the individual has prior felony convictions or if the firearm was used in the commission of another crime, the penalties may be increased.

Defenses Against Ex-Felon in Possession of a Firearm Charges

If you are facing charges under NRS 202.360, several defenses may apply:

1. Restoration of Rights: If the accused can prove that their rights to possess firearms have been restored, this can serve as a defense against the charges.
2. Improper Search: If the firearm was discovered during an unlawful search or seizure, the evidence may be deemed inadmissible in court.
3. Lack of Knowledge: Demonstrating that the accused did not know the firearm was present or that they were in possession of it can be a valid defense.
4. Mistaken Identity: If the individual can prove they were not the person in possession of the firearm, this can lead to dismissal of charges.

The Importance of Legal Representation

Navigating the complexities of charges related to being an ex-felon in possession of a firearm requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling firearm-related cases equips him to provide a robust defense against charges under NRS 202.360.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving firearm possession.

Understanding Your Rights

If you are accused of being an ex-felon in possession of a firearm, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges under NRS 202.360 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.