Nev. Rev. Stat. § 202.360

Current through 81st (2021) Legislative Session Chapters 1-557 and 33rd (2021) Legislative Special Session Chapters 1 and 2
Section 202.360 - [Effective Until1/1/2022]Ownership or possession of firearm by certain persons prohibited; penalties
1. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921 (a)(33);
(b) Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
(c) Has been convicted of a violation of NRS 200.575 or a law of any other state that prohibits the same or substantially similar conduct and the court entered a finding in the judgment of conviction or admonishment of rights pursuant to subsection 7 of NRS 200.575;
(d) Except as otherwise provided in NRS 33.031, is currently subject to:
(1) An extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, which includes a statement that the adverse party is prohibited from possessing or having under his or her custody or control any firearm while the order is in effect; or
(2) An equivalent order in any other state;
(e) Is a fugitive from justice;
(f) Is an unlawful user of, or addicted to, any controlled substance; or
(g) Is otherwise prohibited by federal law from having a firearm in his or her possession or under his or her custody or control.

A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

2. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:
(a) Has been adjudicated as mentally ill or has been committed to any mental health facility by a court of this State, any other state or the United States;
(b) Has entered a plea of guilty but mentally ill in a court of this State, any other state or the United States;
(c) Has been found guilty but mentally ill in a court of this State, any other state or the United States;
(d) Has been acquitted by reason of insanity in a court of this State, any other state or the United States; or
(e) Is illegally or unlawfully in the United States.

A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3. As used in this section:
(a) "Controlled substance" has the meaning ascribed to it in 21 U.S.C. § 802 (6).
(b) "Firearm" includes any firearm that is loaded or unloaded and operable or inoperable.

NRS 202.360

[2:47:1925; A 1955, 185 [Ch. 131]] + [3:47:1925; NCL § 2304] - (NRS A 1959, 548 [Ch. 355]; 1967, 487 [Ch. 211]; 1979, 1435 [Ch. 655]; 1983, 926 [Ch. 386]; 1985, 453 [Ch. 115], 594 [Ch. 160]; 1991, 72 [Ch. 42]; 1995, 1208[Ch. 443]; 1997, 828 [Ch. 229]; 2003, 1352 [Ch. 256]; 2015, 1782 [Ch. 328], 1806 [Ch. 329]; 2017, 3127 [Ch. 490]; 2019, 1821 [Ch. 308] )
Amended by 2019, Ch. 308,§22, eff. 7/1/2019.
Amended by 2017, Ch. 490,§7, eff. 10/1/2017.
Amended by 2015, Ch. 329,§15, eff. 10/1/2015.
Amended by 2015, Ch. 328,§3, eff. 6/2/2015.
[2:47:1925; A 1955, 185] + [3:47:1925; NCL § 2304] - (NRS A 1959, 548; 1967, 487; 1979, 1435; 1983, 926; 1985, 453, 594; 1991, 72; 1995, 1208; 1997, 828; 2003, 1352)
See 2015, Ch. 328, §12.
This section is set out more than once. See also NRS 202.360, effective 1/1/2022.