I am a victim of domestic violence and the abuser has a gun. Is that legal?
It depends. Under Nevada law, a person cannot own or have a gun in his/her possession if s/he:
- has been convicted in Nevada or any other state of a misdemeanor crime of domestic violence (as defined in our Federal Gun Laws section);
- has been convicted of a felony in Nevada or any other state;
- has been convicted of a stalking in Nevada or any other state and the court entered an ”admonishment of rights” (explained here), which prohibits the abuser from having or using a firearm;
- has a Nevada extended order for protection against domestic violence against him/her – or a similar order from another state – and the order includes a statement that the abuser is prohibited from having or using a firearm while the order is in effect;
- is a fugitive from justice;
- is an unlawful user of, or addicted to, any controlled substance;1
- has been adjudicated as mentally ill or has been committed to any mental health facility; or
- is illegally or unlawfully in the United States.2
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.
1 N.R.S. § 202.360(1)
2 N.R.S. § 202.360(2)