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Legal Information: Nevada

Statutes: Nevada

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Updated: 
July 14, 2020

33.031. Extended order may prohibit possession of firearm by adverse party; factors for court to consider in determining whether to prohibit possession of firearm; exception; penalty

1. A court may include in an extended order issued pursuant to NRS 33.030:
(a) A requirement that the adverse party surrender, sell or transfer any firearm in the adverse party’s possession or under the adverse party’s custody or control in the manner set forth in NRS 33.033; and
(b) A statement that, unless the provisions of subsection 3 apply, the adverse party is prohibited from possessing or having under the adverse party’s custody or control any firearm while the order is in effect pursuant to NRS 202.360.
2. In determining whether to include the provisions set forth in subsection 1 in an extended order, the court must consider, without limitation, whether the adverse party:
(a) Has a documented history of domestic violence;
(b) Has used or threatened to use a firearm to injure or harass the applicant, a minor child or any other person; and
(c) Has used a firearm in the commission or attempted commission of any crime.
3. If a court includes the provisions set forth in subsection 1 in an extended order, the court may include a limited exception from the prohibition to possess or have under the adverse party’s custody or control any firearm if the adverse party establishes that:
(a) The adverse party is employed by an employer who requires the adverse party to use or possess a firearm as an integral part of the adverse party’s employment;
(b) The adverse party only uses or possesses the firearm in the course of such employment; and
(c) The employer will provide for the storage of any such firearm during any period when the adverse party is not working.
4. An adverse party who violates any provision included in an extended order pursuant to this section concerning the surrender, sale, transfer, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the order a statement that violation of such a provision in the order is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.