Understanding Gun Rights in Nevada after Committing Domestic Violence
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Domestic violence is a serious offense that puts the defendant at a great disadvantage. It’s one of the reasons why having the counsel of a Las Vegas domestic violence attorney helps a lot to avoid the chance of facing a guilty verdict.
However, being charged with domestic violence in Nevada might make you give up your rights to legally possess a firearm. On the other hand, there are only certain offenses under domestic violence in Nevada that terminates your right to owning and possessing firearms.
According to Nevada Law, acts that constitute to domestic violence happens when an offender commits battery against their spouse, former spouse, blood kin, or any other person which the offender cohabits with.
Gun Rights in Nevada and Orders for Protection
In case you are charged with domestic violence in Nevada, your rights to possess or own a firearm may be terminated if an order of protection has been issued in your case.
An order of protection issued by a judge will specifically state that your firearm rights have been withdrawn. Also, if the court determines that a threat of violence or domestic violence exists during the hearing, the court may grant an extended order of protection against you.
Alleged victims of domestic violence must request the issuance of an order of protection and file the necessary application before it can be granted by a judge.
An issued order of protection against you prevents you from possessing, controlling, or having custody of any kind of firearms. Per Nevada laws, the court may determine several factors whether or not the order of protection should include the gun provisions. These factors involve the alleged offender who has:
- A well-documented history of domestic violence,
- Threatened or actually used firearms to injure or harass the alleged victim, and
- Used a firearm committing or attempted to commit any criminal offense.
An extended order of protection will result in the loss of your gun rights. However, a temporary order for protection will not include gun provisions unless the court deems the existence of an emergency to revoke your gun rights. The order of protection may require you to do any of the following within 24 hours upon issuance of the order:
- surrender your guns to a police office or hand them over in court,
- transfer ownership,
- or sell your firearms to a licensed firearms dealer
Remember that the restraint against possession of firearms in Nevada only applies if an extended order for protection is issued and is in effect already. Also, an extended order of protection can be effective for a maximum of one year depending on the time which the court decides. After the order has expired, your rights to possess a firearm will be restored. However, violating the terms stated on the order of protection will prevent you from restoring your gun rights and you can also be charged with gross misdemeanor.