LOSS OF FIREARM AND SECOND AMENDMENT RIGHTS
FROM A DOMESTIC VIOLENCE CONVICTION IN NEVADA
A conviction for Battery Domestic Violence (BDV) in Nevada can have severe consequences beyond fines, jail time, or probation. One of the most significant impacts is the potential loss of your Second Amendment rights, specifically your ability to own or possess firearms. The laws governing firearm possession in Nevada have been tightened significantly in recent years, particularly following amendments to NRS 202.360, which prohibits individuals convicted of certain offenses, including domestic violence, from possessing firearms. Additionally, the Anderson decision has further clarified the scope of these prohibitions in Nevada.
If you are facing a domestic violence charge or have already been convicted, it is essential to understand the implications for your right to bear arms under Nevada law and how you may be able to defend or restore those rights.
NEVADA STATE LAW: NRS 202.360 AND FIREARM RESTRICTIONS AFTER A DOMESTIC VIOLENCE CONVICTION
Under NRS 202.360, Nevada law prohibits certain individuals from owning, possessing, or having access to firearms. This includes those who have been convicted of a misdemeanor or felony domestic violence offense. The law makes no distinction between misdemeanor and felony BDV convictions when it comes to firearm prohibitions—if you are convicted of domestic violence, you lose the right to own or possess firearms in Nevada, regardless of whether the charge was a misdemeanor or felony.
The amendment to NRS 202.360, enacted in recent years, strengthened these restrictions. Specifically, it clarified that individuals convicted of even misdemeanor domestic violence offenses are permanently prohibited from owning or possessing firearms, aligning state law more closely with federal law.
ANDERSON DECISION: EXPANDING FIREARM PROHIBITIONS IN DOMESTIC VIOLENCE CASES
The Anderson decision - -Anderson v. State 135 Nev. Adv. Op. 42 (2019) - - has had a profound impact on how Nevada courts interpret firearm restrictions for individuals convicted of domestic violence. In this case, the Nevada Supreme Court ruled that individuals convicted of a misdemeanor domestic violence offense could indeed lose their right to possess firearms under NRS 202.360 which implicated an important constitutional right under the Second Amendment. This decision, confirming that even minor incidents of domestic violence could lead to a lifetime ban on firearm ownership or possession, meant that for the first time ever in Nevada, Defendants accused of Misdemeanor crimes of Domestic Violence were entitled to a jury Trial for these charges.
IMMEDIATE CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
When you are convicted of domestic violence in Nevada, the consequences for your firearm rights are immediate and severe. Under NRS 202.360, the loss of firearm rights includes:
Possession: You are prohibited from possessing, owning, or having control over firearms or ammunition. This applies even if the domestic violence conviction was a misdemeanor.
Purchase: You cannot purchase firearms from a licensed dealer, and any attempt to do so will likely result in criminal charges.
Transfer of Firearms: If you currently own firearms, you must either surrender them to law enforcement or transfer them to someone else. Continuing to possess firearms after a conviction is a serious crime under Nevada law.
The firearm ban imposed by NRS 202.360 applies regardless of whether the violence involved a weapon, whether the incident was minor, or whether the defendant has a clean criminal record. A single domestic violence conviction, even for a relatively minor offense, can result in a lifetime ban on owning or possessing firearms.
CASE LAW AND APPLICATIONS UNDER NRS 202.360
The Anderson decision established a clear precedent that even misdemeanor domestic violence convictions trigger the firearm prohibitions under NRS 202.360. This ruling has been applied in subsequent cases to uphold the ban on firearm possession for individuals convicted of domestic violence.
Nevada courts have since interpreted the firearm prohibition broadly, applying it to a wide range of domestic violence offenses. Even if the offense did not involve the use of a firearm or any significant injury, the courts have consistently enforced the ban once a conviction has been secured. This broad interpretation ensures that the firearm prohibition applies equally to all individuals convicted under NRS 200.485, Nevada's primary domestic violence statute.
EXCEPTIONS AND RESTORATION OF FIREARM RIGHTS
Unfortunately, there are very limited exceptions to the firearm prohibitions imposed by NRS 202.360 for individuals convicted of domestic violence. However, there are a few potential avenues for restoring firearm rights in Nevada, depending on the circumstances of your case.
Appealing or Vacating the Conviction
One possible way to restore your firearm rights is by successfully appealing the conviction or having it vacated. If your conviction is overturned or vacated through post-conviction relief, you may be able to petition for the restoration of your firearm rights. This is a complex legal process, and it is not guaranteed, but it is one potential route for individuals who believe they were wrongfully convicted.
Record Sealing
For those convicted of misdemeanor domestic violence in Nevada, it may be possible to have the conviction sealed from your criminal record. Under NRS 179.245, misdemeanor BDV convictions may be eligible for sealing after a period of seven years. While record sealing does not automatically restore your firearm rights, it can improve your chances of regaining those rights in the future by reducing the visibility of the conviction.
Pardon
In Nevada, a pardon can restore civil rights, including the right to own or possess firearms, under specific circumstances. According to NRS 213.090, a pardon granted by the Nevada Board of Pardons Commissioners may remove penalties and disabilities resulting from a conviction, including those related to firearm possession. However, the pardon must explicitly state the restoration of firearm rights, as not all pardons automatically include this provision. If granted, a pardon can allow individuals who have lost their firearm rights due to a felony conviction to legally purchase and possess firearms again. Josh Tomsheck has handled successful pardons for clients in which they are restored their firearms rights and and can assist you in navigating the pardon application process to help restore your firearm rights under Nevada law.
HOW JOSH TOMSHECK CAN HELP YOU DEFEND YOUR SECOND AMENDMENT RIGHTS
Losing your right to own or possess firearms following a domestic violence conviction can have a devastating impact on your life, especially if you are a firearm enthusiast, a hunter, or rely on firearms for personal protection. At Hofland & Tomsheck, Josh Tomsheck is dedicated to defending the rights of individuals facing domestic violence charges and protecting their constitutional rights, including their Second Amendment right to bear arms.
Here's how Josh Tomsheck can help:
Experienced Domestic Violence Defense
Josh Tomsheck has years of experience defending clients against Battery Domestic Violence charges in Las Vegas and throughout Nevada. He understands how domestic violence laws, including NRS 202.360, operate and can develop a defense strategy tailored to your specific case. Whether the goal is avoiding a conviction altogether or seeking alternatives to maintain your firearm rights, Josh knows how to fight for the best possible outcome.
Challenging the Conviction
If you have been wrongfully accused or if the prosecution's evidence is weak, Josh will aggressively challenge the allegations. By scrutinizing police reports, witness statements, and other evidence, he works to uncover any weaknesses in the prosecution's case that could lead to a dismissal or reduction of charges, thereby preventing the loss of your firearm rights.
Post-Conviction Relief and Record Sealing
For those already convicted of domestic violence, Josh can explore the possibility of post-conviction relief, such as filing for an appeal, pardon or pursuing record sealing. While these processes can be complex, Josh has successfully helped clients mitigate the long-term consequences of a BDV conviction and work toward restoring their rights.
CONTACT JOSH TOMSHECK TODAY
If you are facing Battery Domestic Violence charges in Las Vegas and are concerned about the potential loss of your firearm rights, it is crucial to act quickly. Contact Josh Tomsheck at Hofland & Tomsheck today to schedule a consultation. Josh will review your case, explain your legal options, and fight to protect your Second Amendment rights.
Call (702) 895-6760 to speak with an experienced domestic violence defense attorney who will fight for your rights and work to achieve the best possible outcome in your case.
At Hofland & Tomsheck, we provide serious defense for serious charges. Let us help you navigate Nevada's complex domestic violence laws and protect your future.
