When you are convicted of domestic violence, there is a high possibility of your right to have a firearm be terminated by the court. In Nevada, there are a lot of cases of this because domestic violence is rampant and most predominant element of each case it the use of a firearm. Successfully restoring gun rights after getting a domestic violence conviction is bound to be challening.
Simply put, domestic violence convicts cannot own a gun unless they do something to get gun rights back to them and if the court considers their actions. What these are and other warranted explanation about domestic violence conviction and gun rights on this article!
What are some basic gun rights in Nevada?
Nevada employs a concealed and open carry gun law wherein you can own and carry a firearm as long as it is properly shown or properly concealed, depending on the situation. Ever since the 2017 Las Vegas shooting, there is a heated debate about the lax gun rights in Nevada with groups pushing for tighter regulations to avoid the same incident. Despite this, the right to own a gun still remains to be an easy thing to do in Nevada that is unless you commit a crime like domestic violence.
Why a domestic violence conviction means revocation of gun rights
The reason why domestic violence convicts lose their rights to their gun or are barred from getting one is because they can come back to their violent ways. A firearm is a deadly weapon that can be used during a domestic violence struggle and usually, it ends with fatalities. Nevada is strict when it comes to these laws. In fact, they are so strict that even a misdemeanor charge could mean you losing the right to your gun.
This particular decree is both under the state and federal law. When you are convicted of a crime under a different state, it does not mean you can have or carry around your gun in Nevada. You will have to surrender your firearm to the authorities. There also comes specific situations such as when your misdemeanor sentence in Nevada allows you to keep your gun but the federal law does not. And for one to get gun rights back, they also need to adhere to both state and federal laws.
Restoring gun rights: how to get gun rights back
As we’ve said, restoring gun rights after a domestic violence conviction is a challenge. You do not automatically get the luxury back to gun ownership after your conviction for domestic violence in Nevada but as we have previously stated, you can have your gun back or have the freedom to own one through a government pardon. This is basically your way of reinstating your civil rights and a way for the justice system to exonerate you of your crimes. However, your records can only come clean if you do record sealing.
Moving on, a pardon to get your gun rights back can only be worked on for after a designated time following your release from conviction. For example, you are released from a domestic violence conviction under the grounds of a category E felony, you still have to wait six years before you can apply for a pardon. You can look up Nevada Revised Statutes (NRS) Chapter 213 to learn how long you need to wait before you can get your gun rights back.
Your eligibility to the pardon is also something you should also keep in mind. If you are released but is still under parole or probation, you cannot apply to restore your gun rights. You need to be clear of any type of convictions to gain a chance of having your gun back to your care.
Case in point, you will need a lot of patience restoring gun rights of yours back, especially as pardons are not grants that you get in a whim. Additional requirements for a pardon includes your evident guilt of the crime and that you are proven no longer a danger to anyone.
As its name, domestic violence is violent and the State of Nevada and the rest of the states in the country only wants the best interest of anyone when they implement this additional penalty of domestic violence. For specific questions on how to restore gun rights, the best thing to do is connect with a Las Vegas criminal defense attorney.