Nevada Law
DOMESTIC VIOLENCE FIREARM PROHIBITIONS
Nevada Domestic Violence Firearm Purchase and Possession Prohibitions
Nevada prohibits persons convicted of a misdemeanor crime of domestic violence from owning, possessing, or having under their control any firearm.1
Nevada does not explicitly prohibit the adverse party* of a temporary order for protection against domestic violence from owning, possessing, or having under their control any firearm.
Nevada prohibits the adverse party of an extended order for protection against domestic violence from purchasing or otherwise acquiring any firearm during the period the order is in effect.2 Nevada may prohibit the adverse party of an extended order for protection against domestic violence from owning, possessing, or having under their control any firearm.3
NEVADA ORDER FOR PROTECTION AGAINST DOMESTIC VIOLENCE FIREARM REMOVAL
Civil Orders for Protection Against Domestic Violence That Require Firearm Removal
Nevada does not require removal of firearms from the adverse party of temporary or extended orders for protection against domestic violence; however, a court issuing an extended order for protection against domestic violence may require the adverse party to surrender, sell, or transfer any firearm in their possession or under the adverse party’s custody or control while the order is in effect.4 A court issuing a temporary order for protection against domestic violence may “[o]rder such other relief as it deems necessary in an emergency situation.”5
Individuals Who May Petition for an Order for Protection Against Domestic Violence
The following persons may petition for an order for protection against domestic violence:
- Spouses or former spouses;
- Persons related by blood or marriage;
- Persons currently or formerly in a dating relationship;6
- Persons who have a child in common;
- The minor child of one of the persons listed in subsection a through d;
- The minor child of the adverse party or any other person who has been appointed the custodian or legal guardian for the adverse party’s minor child.7
Removal Process
As noted above, a court issuing an extended order for protection against domestic violence may require the adverse party to surrender, sell, or transfer any firearm in the adverse party’s possession or under the adverse party’s custody or control while the order is in effect.8 An adverse party who has been ordered to surrender, sell, or transfer any firearm must, no later than 24 hours after service of the order:
- Surrender any firearm in the adverse party’s possession or under their custody or control to the appropriate local law enforcement agency designated by the court order;
- Surrender any firearm in the adverse party’s possession or under their custody or control to a person designated by the court order;
- Sell or transfer any firearm in the adverse party’s possession or under their custody or control to a licensed firearm dealer; or
- Submit an affidavit
- Informing the court that adverse party currently does not have any firearm in their possession or under their custody or control; and
- Acknowledging that failure to surrender, sell or transfer any firearm in the adverse party’s possession or under their custody or control is a violation of the extended order and state law.9
Where the court orders the adverse party to surrender firearms to a local law enforcement agency, the agency must provide the adverse party with a receipt which includes a description and the serial number of the firearm(s) surrendered.10 The adverse party must provide the receipt to the court within 72 hours or 1 business day of the surrender, whichever is later.11
Where the court orders the adverse party to surrender firearms to a person designated by the court, the adverse party must provide the court and local law enforcement agency, within 72 hours or 1 business day, whichever is later, the name and address of the person designated by the court and a written description and the serial number of the firearm(s) surrendered.12
Where the adverse party sells or transfers any firearm to a licensed firearm dealer, the dealer must provide the adverse party with a receipt which includes a description and the serial number of the firearm(s) sold or transferred and, “if the firearm was transferred, whether the transfer is permanent or temporary[.]”13 The adverse party must provide the receipt to the court and local law enforcement agency within 72 hours or 1 business day of the sale or transfer, whichever is later.14
If the court finds probable cause to believe the adverse party has not, within 24 hours, surrendered, sold, or transferred any firearm in the adverse party’s possession, custody, or control, the court may issue a search warrant authorizing law enforcement to “enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.”15
Penalties for Violation
A person who intentionally violates a temporary or extended order for protection against domestic violence is guilty of a misdemeanor.16
However, a person who violates an extended order for protection against domestic violence concerning the surrender, sale, transfer, possession, custody, or control of a firearm, including by purchasing or acquiring a firearm following the issuance of an extended order, is guilty of a category B felony, punishable by imprisonment for a term of 1 to 6 years and possibly a fine of not more than $5,000.17
