Under Nevada law, a person cannot own or have a gun in his/her possession if s/he:

• has been convicted of the crime of battery which constitutes domestic violence or a similar law of another state when the crime was committed against:
  • a current or former spouse;
  • a current or former dating partner;
  • someone s/he has child in common with;
  • his/her parent;
  • his/her child or a child for whom s/he has legal guardianship;
• has been convicted of a felony in Nevada or any other state;
• has been convicted of a stalking in Nevada or any other state and the court entered an “admonishment of rights” (explained here), which prohibits the abuser from having or using a firearm;
• has a Nevada extended order for protection against domestic violence against him/her – or a similar order from another state – and the order includes a statement that the abuser is prohibited from having or using a firearm while the order is in effect;
• 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

Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances such as when the abuser has been convicted of certain domestic violence-related crimes or if you have an order of protection against the abuser that meets certain requirements. Go to Federal Gun Laws to get more information.

¹ N.R.S. § 202.360(1)
² N.R.S. § 202.360(2)

It is a crime in Nevada for someone to have a firearm if there is a Nevada extended order for protection against domestic violence against him/her – or a similar order from another state.  However, the order for protection must include a statement that the abuser is prohibited from having or using a firearm while the order is in effect.¹  

When you get an extended order for protection, the judge can specifically prohibit gun possession as one of the terms of your order.  The judge can also order the abuser to give up all of his/her firearms within 24 hours of service (receipt) of the order.  The abuser can either give the firearms to law enforcement or sell/transfer them to a licensed firearm dealer.²  If the judge has “probable cause” to believe that the abuser has not surrendered, sold or transferred any of his/her firearms within 24 hours after service of the order, the judge can issue a search warrant that:

1. allows law enforcement to enter and search any place where there is probable cause to believe any firearms are located; and
2. seize (take) the firearms.³

In addition, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a protective order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun.  Go to the Federal Gun Laws page to get more information.

If you are afraid for your safety, talk to your local domestic violence program about your options.  Go to the NV Advocates and Shelters to find a program in your area.

¹ N.R.S. § 202.360(1)(d) 
² N.R.S. §§ 33.031(1); 33.033(1)
³ N.R.S. § 33.033(5) 

Misdemeanor and felony records are open to the public, but they are not always easy to access.  If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Federal law specifically prohibits possession of a firearm if the person is convicted of any felony or of a domestic violence misdemeanor. Criminal records that would make a person ineligible to purchase a firearm are also kept in the National Instant Criminal Background Check System (NICS).  However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS.  Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?

In an extended order for protection, the judge can order that the abuser turn over to law enforcement or sell/transfer any firearms to a licensed firearm dealer - either must be done within 24 hours of service (receipt) of the order.¹ If there is probable cause to believe that the abuser has not surrendered, sold or transferred any firearm in his/her possession or control within 24 hours after service of the order, the judge can issue a search warrant authorizing a law enforcement officer to enter and search any place where there is probable cause to believe any firearm is located and seize (take) the firearm.² In general, when an order for protection expires, the firearm will be returned to the abuser. However, if the firearm is taken away due to it being used in a crime or if possession of the firearm violates the law, it will be disposed of by law enforcement.³

¹ N.R.S. §§ 33.031(1); 33.033(1)
² N.R.S. § 33.033(5)
³ See N.R.S. § 202.340

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.¹ If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹ National Criminal Justice Reference Service website

Even though as part of an extended order for protection, a judge can prohibit the abuser from possessing a gun, the law allows an exception for a respondent who is required to use a firearm as part of his/her employment. The judge can allow the abuser to have a firearm in his/her possession if s/he proves that his/her employer requires him/her to use or possess a firearm as an essential part of the job. However, the employer will have to provide for storage of the firearm during any period when the abuser is not working.¹ Federal law, which applies to all states, also makes an exception for an abuser who is a law enforcement officer, military employee or government employee - s/he may still be able to continue to use a gun for work purposes (but not for personal use) even if you have an order for protection against him/her.²

However, under both Nevada state law and under federal law, which applies to all states, if the abuser has been convicted of a felony or a domestic violence misdemeanor, the abuser can never buy or have a gun, even if s/he is a police officer, a military employee, or anyone who uses a job as part of his/her employment.²

If you are confused or not sure whether the abuser can still use a gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Protection Orders and Full Faith & Credit to find out more information: 1-800-903-0111 ext. 2. To find a domestic violence advocate in your area, please go to our NV Advocates and Shelters page.

¹ N.R.S. § 202.360(1),(2)
² N.R.S. § 33.031(3)
³ N.R.S. § 202.360(1); 18 USC § 925(a)(1)

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)