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Felon in Possession of a Firearm

NRS 202.360 is a Category B felony in Nevada. A conviction means 1 to 6 years in state prison. These charges often come out of a traffic stop or search that had nothing to do with a gun — and they can still be fought.

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NRS 202.360Nevada · Category B felony

Felon in Possession of a Firearm

NRS 202.360 makes it a felony for certain people to own or possess a firearm in Nevada. The most common basis is a prior felony conviction, but the statute also covers people subject to qualifying domestic violence protective orders, misdemeanor domestic battery convictions, unlawful drug users, and certain people with a mental health history.

Statute

Ownership or possession of firearm by certain persons (NRS 202.360)

Charge level

Category B Felony

Prison exposure

1 to 6 years

Defense focus

Search and seizure, constructive possession, qualifying conviction analysis

Key statutory language (abridged)

NRS 202.360 prohibits ownership or possession of a firearm by convicted felons, persons subject to qualifying domestic violence orders, misdemeanor domestic battery convicts, unlawful drug users, and certain persons adjudicated as mentally ill. Violation is a Category B felony carrying 1 to 6 years in Nevada state prison. Out-of-state and federal felony convictions count the same as Nevada felonies. A misdemeanor…

Nevada Legislature statute Domestic battery

How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified summaries, details matter.

Felon in possession of a firearmHow these charges usually come up

Found during a traffic stop

Police pull someone over for a traffic infraction, run the plates or ID, and find a prior felony. A firearm found in the car — even in the glove box or under a seat — can lead to a felon in possession charge regardless of who owns the gun.

Found during a home search

Law enforcement executes a search warrant for something else — drugs, evidence in another investigation — and finds a firearm. If anyone in the home has a qualifying conviction, prosecutors will consider charging them.

Called in by someone else

Domestic disputes, neighbor complaints, or tips sometimes lead police to a home where a firearm is present. If the person who answers the door has a felony, a charge can follow even if the firearm belonged to someone else.

Out-of-state or old felony conviction

Nevada law applies even if the underlying felony happened in another state or years ago. Many people don't realize a plea they took long ago still bars them from possessing a firearm anywhere in Nevada.

How to read this

These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.

Defense playbook

Examples of defenses

Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.

Felon in possession of a firearmDefense angles that actually matter

Unlawful search or seizure

If police found the firearm through an unlawful stop, search, or warrant, the evidence can potentially be suppressed. A gun that gets thrown out is a charge that can't be proved. Fourth Amendment issues are the first thing to review in any of these cases.

Constructive possession — who actually possessed it

The state has to prove you possessed the firearm, not just that you were near it. If the gun was in a shared space or accessible to multiple people, the prosecution has to prove it was yours or under your control — and that's not always easy.

The prior conviction doesn't qualify

Not every felony triggers NRS 202.360. The underlying offense has to meet the statutory definition. Some out-of-state convictions, deferred adjudications, or expunged records may not count. This is worth examining carefully.

Rights restoration

Some people have had their civil rights — including firearm rights — legally restored after a conviction. If that happened, the predicate for the charge may not exist. An attorney needs to review the actual restoration documents and applicable law.

How to use this

These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.

Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

Felon in possession of a firearmWhat a conviction actually means

Charge level

Category B Felony

NRS 202.360 is a Category B felony — one of the more serious felony tiers in Nevada.

Prison exposure

1 to 6 years

Nevada state prison — not county jail. Sentencing depends on your record, the facts of the case, and the judge.

Fine

Up to $5,000

Courts may impose a fine in addition to or instead of prison depending on the resolution.

Federal firearm ban

Permanent

A conviction adds another felony to your record and reinforces the federal lifetime firearm prohibition under 18 U.S.C. § 922(g).

Collateral consequences

Employment, housing, civil rights

A Category B felony conviction affects voting rights, professional licensing, housing eligibility, and immigration status.

Important

Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

What NRS 202.360 actually covers

NRS 202.360 makes it a felony to own or possess a firearm if you fall into any of several categories:

You have been convicted of a felony in Nevada or any other jurisdiction
You are subject to a domestic violence protective order that meets certain criteria
You have been convicted of a misdemeanor domestic battery offense
You are an unlawful user of or addicted to a controlled substance
You have been adjudicated as mentally ill or involuntarily committed to a mental health facility

Most cases involve the first category — a prior felony conviction. But the domestic battery and protective order provisions catch people who assume a misdemeanor doesn't affect their gun rights. Under both Nevada and federal law, it often does.

Out-of-state and federal felonies

A felony conviction from any other state — or from federal court — counts the same as a Nevada felony under NRS 202.360. It doesn't matter how old the conviction is, whether you've served your time, or how long you've lived in Nevada since.

A guilty plea to a felony in another state years ago still bars you from possessing a firearm in Nevada today. If you're unsure whether something in your history qualifies as a disqualifying conviction, that's worth sorting out before a charge does it for you.

Domestic battery and protective orders

Even a misdemeanor domestic battery conviction — one that doesn't show up as a felony — can permanently bar you from possessing a firearm under federal law (the Lautenberg Amendment, 18 U.S.C. § 922(g)(9)). Nevada's NRS 202.360 reinforces this at the state level.

Active domestic violence protective orders that prohibit contact or firearm possession can also trigger this law. If you are served with a protective order, you need to understand what it requires of you regarding firearms immediately — not after you've already been charged.

What counts as possession

Nevada recognizes two forms of possession: actual and constructive.

Actual possession means the firearm was on your person — in your hand, in your waistband, in your bag.

Constructive possession is broader and more contested. It means the firearm was in a place you controlled and you knew it was there. Courts apply this to vehicles, homes, and storage units. The prosecution has to prove both knowledge and control — and in situations with multiple people, that can be challenged.

What to do if you've been charged

Say nothing to law enforcement beyond your name. Do not explain how the gun got there, who it belongs to, or why you had access to it. Anything you say becomes part of the state's case against you.

The most important early work in these cases is reviewing how the firearm was found. If the stop, search, or entry was unlawful, the evidence can potentially be suppressed. Without the gun in evidence, the state can't prove possession — and without that, there's no case. Fourth Amendment analysis is the first thing that needs to happen.

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