Know the Laws: Nevada
UPDATED March 18, 2008
WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. To find help in your state, please click on the Where to Find Help tab at the top of this page.
- More Information and Where to Get Help
- If my abuser's gun(s) is taken away, what will happen to it?
- Who do I notify if I think my abuser should not have a gun?
- What is the penalty for violating the federal firearm law?
- I do not have an order of protection against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?
- What will happen if my abuser tries to purchase a gun?
- My abuser uses a gun for his job. Does the law still apply?
- What is the legal definition of a gun or firearm?
- I've read through all of this information, and I am still confused. What can I do?
- Basic Info
- Guns and Protective Orders
- Guns and Criminal Convictions
More Information and Where to Get Help
back to topIf my abuser's gun(s) is taken away, what will happen to it?
It depends. If your abuser’s gun is ordered to be taken away by your order of protection, it may be held by the sheriff department in your county. It is also possible that the authorities will allow your abuser to leave the gun with a friend or relative while your protection order is in effect. If you are worried about this, you can ask the judge at your protection order hearing what will happen to the gun.
If your abuser’s gun is confiscated by the police because it was used while committing a crime, it may be used or traded by law enforcement, destroyed, or donated to a museum.* It will not be given back to your abuser.
*NV ST 202.340 (2) (a-e)
back to topWho do I notify if I think my abuser should not have a gun?
If you think your abuser is violating the federal firearm law, you can call your local police or sheriff department, the State Police, or the Bureau of Alcohol, Tobacco and Firearms (ATF). Let them know that either you have an order of protection against your abuser, or your abuser has been convicted of a felony or domestic violence misdemeanor.
You can find contact information for sheriff departments in your area on our NV Sheriff Department Locations page.
There are ATF field offices located in Las Vegas and Reno. Their contact information is:
Las Vegas Field Office
Resident Agent in Charge
600 Las Vegas Blvd.
South #540
Las Vegas, NV 89101
Tel: (702) 387-4600
Reno Field Office
Resident Agent in Charge
200 South Virginia, Suite 600
Reno, NV 89501
Tel: (775) 784-5251
For reporting illegal firearm activity: 1-800-ATF-GUNS (1-800-283-4867)
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. To find a shelter or an advocate at a local program, please visit the NV State and Local Programs page under the Where to Find Help tab at the top of this page.
*United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999).
back to topWhat is the penalty for violating the federal firearm law?
Anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to 10 years, or both.*
*18 USC 924 (a) (2)
back to topI do not have an order of protection against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?
Nevada state law says that if your abuser is a fugitive, uses illegal drugs*, has been declared mentally ill by a court, has been committed to any mental facility, or is illegally or unlawfully in the country, then s/he cannot have or buy a gun.* If one of these is your situation, talk to someone in your area to find out how the law is being enforced.
If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. To find a shelter or an advocate at a local program, please visit the NV State and Local Programs page under the Where to Find Help tab at the top of this page.
* does not include alcohol or tobacco
**NV ST 202.360
back to topWhat will happen if my abuser tries to purchase a gun?
Before purchasing a gun, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NCIS). If your abuser has a qualifying order of protection against him, or has been convicted of a felony or domestic violence crime, those records should be in the NCIS, which should prevent your abuser from buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system.
If your abuser is able to purchase a gun, you can alert the police, and ask that his/her gun be taken away. Generally, it is not a good idea to assume that because your abuser was able to buy a gun, it is legal for him to have one. The criminal background check system is not foolproof.
Note: There may also be some loopholes in the law that your abuser can take advantage of. For more information, you can contact a local domestic violence organization in your area. To find help in your state, please click on the Where to Find Help tab at the top of this page.
back to topMy abuser uses a gun for his job. Does the law still apply?
Maybe. If your abuser is a law enforcement officer, military employee or government official, then s/he might be able to continue to use their gun for work purposes, but not for personal use.
However, if your abuser has been convicted of a felony or a domestic violence misdemeanor, then under federal law, your abuser cannot buy or have a gun, even if s/he is a police officer or a military employee.* It is not clear whether or not the NV courts are following this federal law.
If you are confused or not sure whether your abuser can still use their gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Full Faith and Credit to find out more information: 1-800-903-0111.
*18 USC 925 (a)(1)
back to topWhat is the legal definition of a gun or firearm?
A gun or firearm is defined by federal law to mean any weapon that is designed to fire a bullet or other projectile by means of an explosive. A firearm silencer or muffler is also included in the definition of a firearm, as is a destructive device and ammunition.*
The federal definition of a firearm does NOT include antique firearms, which is any firearm manufactured in or before 1898. **
The State of Nevada defines a gun or firearm to mean “any device designed to be used as a weapon from which a projectile may be expelled through the barrel by the force of any explosion or other form of combustion”.***
*18 USC 921(3)
**18 USC 921(16)
***NV ST 202.253 (2)
.
back to topI've read through all of this information, and I am still confused. What can I do?
Trying to understand both Federal and State law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can Contact Us.
- You can contact a local domestic violence organization in your area (See our NV State and Local Programs page).