I do not have an order for protection against the abuser and s/he has not been convicted of a crime. Can s/he have a gun?
It depends. Under Nevada law, even if a person was not convicted of a crime and there is no current order for protection, a person cannot own or have in his/her possession if s/he:
- 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
If one of these describes 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 Advocates and Shelters page.
For additional information on gun laws in Nevada, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 N.R.S. § 202.360(1)
2 N.R.S. § 202.360(2)