Firearm Offenses In Nevada
Put Experienced Reno Criminal Defense Lawyers in Your Corner
The right to own a firearm is one of the most foundational rights of the U.S. Constitution. While the Second Amendment provides you with the right to bear arms, firearms are still heavily regulated by state and federal laws. As such, there are many forms of conduct that can result in criminal allegations, all of which carry serious penalties and consequences for those convicted.
At Joey Gilbert Law, our Reno criminal defense attorneys draw from
decades of collective experience to fight for clients facing serious criminal charges in Nevada, including those charged with a range of weapons and firearm offenses. If you or someone you love has been charged for a
firearm-related crime, you must understand that your freedom and future on the line – and that working with experienced defense attorneys is critical to protecting your rights.
Arrested? Contact Our Office For The Legal Guidance You Deserve.
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State And Federal Gun Law: Common Firearm Crimes
Firearms are regulated by both state and federal laws, many of which overlap and prohibit much of the same conduct. Below, we discuss common firearm offenses that can result in criminal charges and penalties:
- Possessing a firearm in a prohibited location – Nevada law permits the open carry of guns, but there are locations where firearms are strictly prohibited. These include airports, day care / child care facilities, schools and colleges, government buildings and facilities, military facilities (with some exceptions, and post offices. Possessing a firearm in a prohibited location is typically a misdemeanor punishable by up to 6 months imprisonment.
- Concealed carry without a permit – Nevada permits the concealed carry of firearms as long as the individual has a valid CCW permit. If they do not, they can face category C felony charges that carry up to $10,000 in fines and between 1 to 5 years in prison.
- Prohibited persons – Both state and federal law prohibit certain individuals from purchasing and possessing firearms. These prohibited persons can include convicted felons, individuals addicted to drugs, fugitives from justice, individuals convicted of domestic violence or subject to a domestic violence protection order, mentally ill individuals, and unlawful residents, among others. In Nevada, possession of a firearm by a prohibited person (such as a convicted felon) is punishable by between one to 6 years in prison and up to $5,000 in fines. Although it is not illegal to carry a firearm in a bar or to drink alcohol while in possession of a weapon, individuals in Nevada who have a gun with a .1 BAC level or higher can face misdemeanor charges and up to 6 months in jail.
- Discharging a firearm – There are several crimes that involving the unlawful discharge of a firearm, and they can carry serious penalties. Even the least severe charge, shooting a firearm in an unpopulated area, is a misdemeanor that carries up to 6 months in jail. More serious charges, such as shooting a gun from a structure or from inside a vehicle in a populated area is category B felony that carries a potential sentence of between 2 to 15 years in prison.
- Drawing or aiming a firearm – Even if guns are not discharged, individuals can be charged with crimes for drawing or aiming a firearm. For example, brandishing a firearm in a threatening manner is a misdemeanor punishable by up to 6 months in jail, and aiming a gun at another person is a gross misdemeanor punishable by up to 364 days in jail. If a firearm is used to assault another person, it can result in category B felony charges and between 1 to 6 years in prison.
- Possession, manufacturing, selling – The possession, sale, and manufacturing or certain firearms to certain individuals can also result in criminal charges. Furnishing a gun to a prohibited person is a category C felony that carries a prison sentence of between 1 to 10 years in prison. Additionally, possession, making, or selling a prohibited firearm (such as a sawed-off shotgun) is a category D felony punishable by 1 to 4 years in prison. Making or selling metal penetrating ammo is also prohibited, and can result in up to 364 days in jail.
- Serial numbers and theft of a firearm – Tampering with a firearm’s serial number is illegal, and it can result in felony charges and 1 to 5 years in prison. Even possessing a firearm with an altered serial number is a crime punishable by 1 to 4 years in prison. Additionally, theft of a firearm is a category B felony that carries a prison sentence between 1 to 10 years.
- Guns involved in other crimes – The presence of a firearm in connection to the commission of other crimes, such as burglary or robbery, is considered an aggravating factor. As such, it can substantially enhance penalties. For example, possessing a gun while committing burglary or robbery is a category B felony punishable by between 2 to 15 years in prison.
- Prohibited weapons – Federal law prohibits the possession of certain firearms. This includes the possession of machine guns, unless they were lawfully acquired before 1986. Illegal possession of a machine gun is a felony punishable by up to 10 years in federal prison.
Because there are so many ways that firearms can be implicated in criminal cases, it is crucial that anyone facing a firearms offense seek the assistance of proven defense attorneys who can evaluate the unique aspects of their charges. At Joey Gilbert Law, we place an emphasis on personal attention so that we know specifically what’s alleged and how to best tailor defense strategies. While every case is different, our ultimate goal is to secure the best resolution possible, whether that means protecting clients and their futures through reduced charges and penalties, alternative sentencing, or dismissals.
Discuss Your Case Personally with a Reno Criminal Defense Lawyer
The stakes are high in cases involving firearms, but they can be effectively managed when defendants seek immediate counsel from proven and experienced attorneys like those at Joey Gilbert Law. Our Reno criminal lawyers and support staff are standing by 24/7 to help you get started on your defense following an arrest, and offer free and confidential consultation. Contact us today to learn more about your charges and how we can help.