If the abuser uses a gun for his/her job, can his/her gun be taken away?
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)