Nevada’s domestic violence laws were recently amended to include harsh provisions concerning firearms. Specifically, any person convicted of misdemeanor or felony domestic violence is prohibited from owning, possessing, having custody or control of a firearm. Significantly, a “firearm” is defined as “any firearm that is loaded or unloaded and operable or inoperable.” Yes…this means if you are convicted of misdemeanor domestic violence, which the Nevada Supreme Court recently ruled includes the act of simply spitting on a person with whom a domestic relationship is shared, you must remove the broken German luger antique hanging above your fireplace that your grandfather brought home from World War II.
In fact, once convicted, the Court is required to order you “to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control.” If a person fails to comply with the foregoing laws, the person is guilty of a Category B felony punishable by one to six years in prison and a fine as high as $5,000.00.
Next, if convicted of domestic violence, the act of “surrendering” a firearm is not so simple. The individual must surrender their firearm(s) within 24 hours of service of the order. More importantly, firearms can only be surrendered to a local law enforcement agency designated by the Court, to another person designated by the Court or sell the firearm(s) to a licensed firearms dealer. There are statutory reporting obligations requiring you to confirm to the Court that you have properly surrendered your firearm(s). If you are convicted of domestic violence and do not own, possess, have custody or control of a firearm, you must still submit an affidavit to the Court acknowledging the same.
It is also important to emphasize that a domestic violence defendant, pre-conviction, is prohibited from owning, possessing, having custody or controlling any firearm while being subject to an extended order for protection (TPO) against domestic violence (unless the defendant is required to use/possess a firearm for employment). Here at The Hayes Law Firm, our attorneys have decades of experience handling domestic violence cases. If you have any questions or concerns related to domestic violence convictions and firearms, please do not hesitate to contact us directly. Contact the Domestic Violence Lawyers of Las Vegas at The Hayes Law Firm today for a free and confidential consultation.