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Las Vegas Unlawful Possession of a Firearm Lawyer | Jeffrey Jaeger

Unlawful Possession of a Firearm

The right of the people to keep and bear arms is enshrined in the Second Amendment to the United States Constitution, but this constitutional right only applies to certain people in Nevada. State law specifically prohibits certain types of people from possessing firearms.

Alleged offenders who have criminal backgrounds, histories of mental illness, or otherwise lack legal immigration paperwork can face serious criminal penalties for possessing firearms in the Silver State. Illegal possession of a firearm in Nevada is a felony offense that could not only result in possible time in prison as well as a substantial fine, but can also lead to a criminal record that causes additional lifelong difficulties in regards to employment, housing, or financial aid.

Las Vegas Unlawful Possession of a Firearm Lawyer

If you were recently arrested for allegedly being in illegal possession of a firearm in Nevada, it is in your best interest to immediately seek legal counsel. The Law Offices of Jeffrey Jaeger fights to get the most favorable outcomes in these types of cases for clients in such communities as Henderson and North Las Vegas.

Clark County unlawful possession of a firearm attorney Jeffrey Jaeger literally wrote the book on evidence that is used by judges and litigators throughout the Silver State, and he can determine the best ways to get these types of criminal charges reduced or possibly even dismissed. You can have him review your case by calling (702) 816-3888 right now to schedule a free, confidential consultation.


Nevada Unlawful Possession of a Firearm Overview


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Unlawful Possession of a Firearm Charges in Clark County

Nevada Revised Statute § 202.360 establishes two types of groups of people who are prohibited from possessing a firearm. For the purposes of this statute, a firearm can include any firearm that is loaded or unloaded and operable or inoperable.

It is a category B felony for a person to own or have in his or her possession or under his or her custody or control any firearm if he or she:

  • Has been convicted of a felony in this 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;
  • Is a fugitive from justice; or
  • Is an unlawful user of, or addicted to, any controlled substance.

Additionally, it is a category D felony for a person to own or have in his or her possession or under his or her custody or control any firearm if he or she:

  • Has been adjudicated as mentally ill or has been committed to any mental health facility; or
  • Is illegally or unlawfully in the United States.

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Unlawful Possession of a Firearm Penalties in Las Vegas

A conviction for this crime may result in a severe criminal sentence. Depending on the specific classification of the alleged offense, the possible punishments may include:

  • Category D felony — Minimum of one year up to four years in state prison and/or fine of up to $5,000; or
  • Category B felony — Minimum of one year up to six years in state prison and/or fine of up to $5,000.

The maximum penalty for a category B felony under this statute is less than the 20-year maximum sentence that is traditionally applied to crimes with this grading. However, a six-year prison sentence can still disrupt the life of any alleged offender.

Any kind of felony conviction can have numerous consequences later on. Such convictions can be harmful in divorce or child custody hearings, and felony firearm offenses can prevent people with certain careers from receiving professional licenses.

Additionally, certain offenders can become ineligible to serve on juries and may have to petition for restoration of their voting rights. It will be at least a dozen years before a person convicted of this crime can petition to seal his or her criminal record for this offense.


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Nevada Unlawful Possession of a Firearm Defenses

A person who is facing charges of this nature needs to examine all of their possible defenses. These types of cases can be complex and there could be multiple factors that result in the criminal charges being reduced or even dismissed.

A few of the most common defenses in these cases include, but are not limited to:

  • Alleged offender did not legally own firearm or have it in his or her possession or under his or her custody or control
  • Alleged offender was not in knowing possession of firearm
  • Illegal search and seizure
  • Lack of evidence alleged offender is user of or addicted to controlled substance
  • Lack of evidence alleged offender possessed firearm

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Finding an Unlawful Possession of a Firearm Lawyer in Clark County

Have you been arrested for illegally possessing a firearm in Nevada? The Law Offices of Jeffrey Jaeger provides relentless legal defense against these types of charges for clients all over the greater Las Vegas area.

In addition to previous roles as the Director of Litigation Support for the Clark County Public Defender's Office and co-chair of the Trial Practice and Courtroom Technology Committee for the American Bar Association, Jeffrey Jaeger is also the co-author of Westlaw’s Courtroom Handbook on Nevada Evidence.Las Vegas unlawful possession of a firearm attorney Jeffrey Jaeger can provide a complete evaluation of your case when you call (702) 816-3888 for a free initial consultation.