What is the penalty for having a firearm in violation of the law?
A person who possesses a firearm and meets one of the following is guilty of a category B felony (and can be sent to prison for between 1 to 6 years and subject to a fine of up to $5,000) - 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;
- is a fugitive from justice; or
- is an unlawful user of, or addicted to, any controlled substance.1
A person who possesses a firearm and meets one of the following is guilty of a category D felony (and can be sent to prison for between 1 to 4 years and subject to a fine of up to $5,000) - if s/he:
- 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 someone possesses a firearm in violation of the terms of an order for protection, s/he is guilty of a gross misdemeanor and can be sentenced to up to 1 year in jail and up to a $2,000 fine.3
Note: Under federal 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.4 For more information, see our Federal Gun Laws page.
However, as with any criminal case, although the law sets out a specific amount of jail/prison time, the actual sentence that the abuser gets may depend on many different factors.
1 N.R.S. § 202.360(1)
2 N.R.S. §§ 202.360(2); 193.130(2)(d)
3 N.R.S. §§ 33.031(4); 193.140
4 18 USC § 924(a)(2)