Las Vegas Second Amendment Lawyer

Defending your Second Amendment rights in Nevada

Josh Tomsheck brings unparalleled experience to defending firearm-related charges, having served as a former Chief Deputy District Attorney in the largest district attorney’s office in Nevada. During his tenure, he was assigned to the Gun Crimes Section of the Major Violators Unit, where he worked with multi-jurisdictional task forces, including the Las Vegas Metropolitan Police Department (LVMPD), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Federal Bureau of Investigation (FBI). This experience gave him invaluable insight into how firearm cases are investigated and prosecuted, which he now uses to benefit his clients. As a nationally board-certified criminal defense attorney, Josh stays abreast of changes in both state and federal gun laws, ensuring his defense strategies are cutting-edge and effective. An avid protector of Second Amendment rights, Josh Tomsheck is dedicated to providing a powerful defense for those facing firearm-related charges in Nevada.

Understanding Nevada’s Gun Laws

Nevada is a state known for its support of gun ownership and Second Amendment rights. However, the state also enforces strict firearm laws to ensure public safety. Navigating the complex legal framework surrounding gun ownership can be challenging, and even the most responsible gun owners can find themselves facing serious charges due to misunderstandings or legal technicalities.

Nevada gun laws cover a wide range of firearm-related issues, including who can own guns, where guns can be carried, and how they can be used. Violating these laws can result in serious criminal charges that carry harsh penalties. Some of the most common firearm-related offenses in Nevada include:

• Unlawful possession of a firearm
• Carrying a concealed weapon without a permit
• Possession of a firearm by a prohibited person
• Using a firearm in the commission of a crime
• Discharging a firearm in a prohibited area
• Possession of illegal or unregistered firearms

When charged with any of these crimes, the stakes are high. Convictions for firearm offenses can result in imprisonment, hefty fines, loss of gun ownership rights, and a permanent criminal record. This is why it is crucial to have an experienced Second Amendment lawyer like Josh Tomsheck on your side.

Why You Need a Second Amendment Lawyer for Firearm-Related Charges

Defending against firearm-related charges requires a deep understanding of both state and federal gun laws, as well as a firm grasp of the rights guaranteed by the Second Amendment. As a Second Amendment lawyer in Las Vegas, Josh Tomsheck has successfully defended countless clients in Nevada who were facing gun-related charges, using his knowledge of constitutional law and his aggressive defense strategies to fight for the best possible outcome.

When you’re facing firearm charges, you need a lawyer who understands not only Nevada’s intricate gun laws but also the broader legal principles that protect your right to bear arms. Josh Tomsheck brings a comprehensive understanding of these laws, including the nuances of state regulations, federal firearm statutes, and constitutional rights. His thorough knowledge of the legal landscape ensures that every defense strategy is backed by sound legal arguments and a deep commitment to safeguarding your Second Amendment rights.

Common Firearm-Related Charges in Nevada

In Nevada, several firearm-related offenses carry severe consequences. Josh Tomsheck has extensive experience in defending clients against the following common charges:

1. Unlawful Possession of a Firearm

Nevada law places restrictions on who is allowed to possess firearms. Certain individuals, such as convicted felons, individuals with restraining orders against them, or those with specific mental health issues, may be prohibited from owning or possessing firearms under NRS 202.360. If charged with unlawful possession, you could face significant penalties, including prison time. Josh Tomsheck works tirelessly to challenge these charges and find any mitigating factors that could reduce or dismiss the case.

2. Carrying a Concealed Weapon Without a Permit

While Nevada allows open carry of firearms, carrying a concealed weapon requires a valid permit under NRS 202.3657. Carrying a concealed weapon without a permit is a serious offense and can result in felony charges, which could lead to imprisonment, fines, and the loss of your right to own firearms. NRS 202.350. Josh Tomsheck thoroughly investigates the circumstances surrounding these charges and can help defend against improper searches or procedural errors by law enforcement.

3. Possession of a Firearm by a Prohibited Person

If you are prohibited from possessing firearms—either due to a past felony conviction, a domestic violence restraining order, or other legal reasons—being caught with a firearm is a serious offense. Under NRS 202.360, this charge carries severe penalties, including mandatory prison time. Josh Tomsheck is skilled at navigating the complexities of these cases, ensuring that your rights are defended every step of the way.

4. Use of a Firearm in the Commission of a Crime

Using a firearm during the commission of another crime, such as robbery or assault, can lead to enhanced penalties under NRS 193.165. Nevada law imposes additional prison time for any crime committed with a firearm, and these penalties can drastically increase the severity of your sentence. Josh Tomsheck has a proven track record of fighting these enhancements, working to challenge the prosecution’s evidence and protect your freedom.

5. Discharging a Firearm in a Prohibited Area

Discharging a firearm in areas where it is prohibited, such from within a vehicle or structure, can lead to criminal charges under NRS 202.287. Likewise, discharging a firearm at, or into, a vehicle, structure or water/aircraft can lead to serious punishment if convicted. NRS 202.285. Even accidental discharges can result in severe penalties. Josh Tomsheck understands the complexities of these cases and can build a defense to show that the discharge was either accidental or that the charges were unfounded.

6. Possession of Illegal Firearms or Modifications

Nevada law prohibits certain types of firearms and modifications, such as fully automatic weapons or firearms with illegal modifications. Some modifications, such as the altering of a serial number, can lead to felony charges. NRS 202.277. Possessing or modifying a firearm to make it illegal can lead to significant penalties under both state and federal law. Josh Tomsheck’s expertise in firearm regulations enables him to provide a strong defense against these charges, often challenging the legality of searches and seizures or the validity of the charges themselves.

How Josh Tomsheck Defends Your Second Amendment Rights

Josh Tomsheck approaches every firearm-related case with a comprehensive understanding of Nevada’s gun laws and a commitment to protecting your rights. Here’s how he can help:

1. Thorough Case Analysis

Josh begins by meticulously analyzing the details of your case. He will review police reports, witness statements, and any available evidence to identify weaknesses in the prosecution’s case. By challenging the validity of searches, the legality of your arrest, or procedural errors, Josh can build a strong defense that aims to reduce or dismiss the charges.

2. Aggressive Negotiation and Litigation

Whether through negotiation or in the courtroom, Josh Tomsheck is known for his aggressive defense strategies. He has successfully negotiated reduced charges or dismissed cases by working closely with prosecutors, leveraging his deep knowledge of Nevada firearm laws to achieve favorable outcomes for his clients.

3. Constitutional Defense

As a staunch defender of Second Amendment rights, Josh Tomsheck ensures that your constitutional right to bear arms is protected. He will scrutinize the actions of law enforcement to ensure that your rights were not violated during your arrest or investigation, and he will use every available legal strategy to defend your case.

4. Customized Defense Strategies

Every case is unique, and Josh Tomsheck tailors his defense strategies to the specific facts of your situation. Whether you’re facing charges for unlawful possession, carrying without a permit, or using a firearm during a crime, Josh will craft a defense that is aimed at achieving the best possible result.

Contact Josh Tomsheck: Your Trusted Second Amendment Lawyer

When it comes to firearm-related charges in Nevada, few defense attorneys can match the expertise and dedication of Josh Tomsheck, a nationally recognized criminal defense lawyer at the law firm of Hofland & Tomsheck. As a staunch defender of Second Amendment rights, Josh Tomsheck has spent years helping individuals accused of firearm offenses protect their constitutional rights. Whether you’re facing charges for unlawful possession, improper use of a firearm, or other weapon-related offenses, Josh Tomsheck has the knowledge, experience, and tenacity to provide a powerful defense.

If you are facing firearm-related charges in Nevada, you need a skilled and experienced lawyer who understands the intricacies of gun laws and the importance of defending your Second Amendment rights. Josh Tomsheck of Hofland & Tomsheck has a proven track record of successfully defending clients against firearm-related charges and protecting their constitutional rights.

To schedule a free consultation and discuss your case, call (702) 895-6760 or visit our office at 228 S. 4th Street, 1st Floor, Suite B, Las Vegas, NV 89101. Let Josh Tomsheck provide the expert legal representation you need to protect your rights and your future.