Prohibited Person in Possession of a Firearm in Nevada: What the Charge Actually Means

Nevada takes firearm restrictions seriously, and one of the more misunderstood charges in the state’s criminal code is possession of a firearm by a prohibited person. Many people assume this charge only applies to those with felony convictions, but the reality is more complicated. If you or someone you love is facing this accusation, understanding what the charge actually covers is an important first step.

Who Actually Qualifies as a “Prohibited Person”?

Under NRS 202.360, several categories of people are barred from owning, possessing, or having custody or control of a firearm in Nevada. This includes far more than convicted felons. The statute also covers people who:

• Have been convicted of a qualifying misdemeanor domestic violence offense
• Are currently subject to certain protective orders related to domestic violence
• Have been adjudicated as mentally ill or committed to a mental health facility
• Are unlawfully present in the United States
• Are otherwise prohibited under federal law from possessing a firearm

Because the list is broader than most people expect, someone can be swept into this charge without ever realizing their legal status had changed.

Why the Penalties Vary So Much

Not every violation of NRS 202.360 carries the same weight. Possession tied to a felony conviction, a qualifying domestic violence conviction, or an active protective order is classified as a category B felony, punishable by one to six years in state prison and a fine of up to $5,000. Possession tied to a mental health adjudication or unlawful immigration status is treated as a category D felony instead. That distinction matters quite a bit when it comes to sentencing exposure, so knowing which part of the statute applies to a given case is essential.

What Actually Has to Be Proven?

A firearm charge under this statute is not just about whether a gun was found somewhere nearby. Prosecutors must establish that the person fell into one of the prohibited categories and that the person owned, possessed, or had custody or control of the firearm. Ownership is not the only path to a charge either. Simply having a firearm within reach, in a vehicle, or in a shared living space can sometimes be enough to trigger an accusation, even if the firearm actually belonged to someone else. Was the firearm truly within that person’s control? Did law enforcement have a lawful basis to search the place where it was found? These are the kinds of questions that often shape how a case unfolds.

Contact Our Team Before You Say Anything Else

A prohibited person firearm charge can carry serious prison exposure, and the specific facts of a case, including how the firearm was discovered and whether the underlying prohibition truly applies, can make a significant difference. If you are facing this accusation anywhere in the Las Vegas area, our Las Vegas weapons charges lawyers at Lobo Law are ready to sit down with you, walk through what the state has to prove, and talk through your options. Let us help you today.

Source:
leg.state.nv.us/NRS/NRS-202.html#NRS202Sec360