NRS
202.360 Ownership or possession of firearm by certain persons prohibited;
penalties.
1. A person shall not own or have in his
or her possession or under his or her custody or control any firearm if the
person:
(a) Has been convicted of the crime of battery
which constitutes domestic violence pursuant to NRS 200.485, or a law of any other
jurisdiction that prohibits the same or substantially similar conduct,
committed against or upon:
(1) The spouse or former spouse of the
person;
(2) Any other person with whom the person
has had or is having a dating relationship, as defined in NRS 33.018;
(3) Any other person with whom the person
has a child in common;
(4) The parent of the person; or
(5) The child of the person or a child for
whom the person is the legal guardian.
(b) Has been convicted of a felony in this State
or any other state, or in any political subdivision thereof, or of a felony in
violation of the laws of the United States of America, unless the person has
received a pardon and the pardon does not restrict his or her right to bear
arms;
(c) Has been convicted of a violation of NRS 200.575 or a law of any other state
that prohibits the same or substantially similar conduct and the court entered
a finding in the judgment of conviction or admonishment of rights pursuant to
subsection 7 of NRS 200.575;
(d) Except as otherwise provided in NRS 33.031, is currently subject to:
(1) An extended order for protection
against domestic violence pursuant to NRS
33.017 to 33.100, inclusive, which
includes a statement that the adverse party is prohibited from possessing or
having under his or her custody or control any firearm while the order is in
effect; or
(2) An equivalent order in any other
state;
(e) Is a fugitive from justice;
(f) Is an unlawful user of, or addicted to, any
controlled substance; or
(g) Is otherwise prohibited by federal law from
having a firearm in his or her possession or under his or her custody or
control.
Ê A person who
violates the provisions of this subsection 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.
2. A person shall not own or have in his
or her possession or under his or her custody or control any firearm if the
person:
(a) Has been adjudicated as mentally ill or has
been committed to any mental health facility by a court of this State, any
other state or the United States;
(b) Has entered a plea of guilty but mentally ill
in a court of this State, any other state or the United States;
(c) Has been found guilty but mentally ill in a
court of this State, any other state or the United States;
(d) Has been acquitted by reason of insanity in a
court of this State, any other state or the United States; or
(e) Is illegally or unlawfully in the United
States.
Ê A person who
violates the provisions of this subsection is guilty of a category D felony and
shall be punished as provided in NRS 193.130.
3. A person shall not use or carry a
firearm during and in relation to, or possess a firearm in furtherance of, the
commission of any act in violation of NRS
453.321, 453.322, 453.337, 453.3385
or 453.401. A person who violates the
provisions of this subsection 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.
4. As used in this section:
(a) “Controlled substance” has the meaning ascribed
to it in 21 U.S.C. § 802(6).
(b) “Firearm” includes any firearm that is loaded
or unloaded and operable or inoperable.
[2:47:1925; A 1955,
185] + [3:47:1925; NCL § 2304]—(NRS A 1959,
548; 1967,
487; 1979,
1435; 1983,
926; 1985,
453, 594;
1991,
72; 1995,
1208; 1997,
828; 2003,
1352; 2015,
1782, 1806;
2017,
3127; 2019,
1821; 2021,
1320; 2023,
2006)
Notes of Decisions
Cited in
80
cases (
22 in the last 5 years), 1964–2026 · leading case:
Gallegos v. State
Gallegos v. State (2007)
nev · cites it 72×
“Because the term "fugitive from justice" has a well-settled meaning in Nevada and does not appear to promote arbitrary and discriminatory enforcement, I dissent from the majority's conclusion that NRS 202.360(1)(b) is unconstitutionally vague.”
Hager v. State (2019)
nev · cites it 32×
“: NRS 202.360 (2015) makes it a felony for certain categories of prohibited person to possess a firearm.”
Pohlabel v. State (2012)
nev · cites it 15×
“: Michael Pohlabel pleaded guilty to being a felon in possession of a firearm in violation of NRS 202.360. In doing so, he reserved the right to argue on appeal, as he did unsuccessfully in the district court, that his conviction violates the right to keep and bear arms secured…”
Hand v. State (1991)
nev · cites it 22×
“Hand's primary contentions revolve around his convictions for violating NRS 202.360, being an ex-felon in possession of a firearm.”
Woods (Leonard) Vs. State (2020)
nev · cites it 7×
“s right to counsel, (3) the district court abused its discretion in denying his motion to substitute counsel, (4) the State committed prosecutorial misconduct, (5) the district court erred in denying Woods's motion to suppress, (6) the district court allowed erroneous opinion…”
United States v. Steinman (2025)
ca9 · cites it 4×
“§ 922 (g)(1) (prohibiting possession or transportation of “any firearm or ammunition”), with Nev. Rev. Stat. Ann. § 202.360 (prohibiting ownership or possession of a “firearm”).”
Brown v. State (1998)
nev · cites it 5×
“In a multi-count indictment, where one of the counts is a charge of possession of a firearm by an ex-felon pursuant to NRS 202.360, the State must generally introduce evidence of a defendant’s prior felony convictions in order to establish the elements of a violation of NRS 202.”
United States v. Juan Castillo-Rivera (2017)
ca5
“any firearm if Statute includes felonies from other states that the person: (a) Has been convicted of a felony in carry punishment of up to a year in prison (MD, 21 Nevada Nev. Rev. Stat. § 202.360 this State or any other state" MS, OH, OK, UT) Case: 15-10615 Document:…”
Wilson v. Holder (2014)
nvd · cites it 6×
“Furthermore, § 202.360 incorporates its definition of “controlled substance” from the federal Controlled Substances Act, which, as discussed above, includes marijuana.”
State v. Chumphol (1981)
nev · cites it 8×
“The district court concluded that the statute respondent was charged with violating, NRS 202.360(2), as it applies to aliens, is unconstitutional.”
Sanders v. State (1980)
nev · cites it 4×
“(NRS 202.360). In this appeal, he argues the judgment of conviction should be reversed because (1) the district court erred in denying his oral motion in limine to exclude evidence of the nature of his prior convictions used to prove his status as a person previously convicted…”
— Nev. Rev. Stat. § 202.360(1) — 15 cases
Woods (Leonard) Vs. State (2020)
nev
“s right to counsel, (3) the district court abused its discretion in denying his motion to substitute counsel, (4) the State committed prosecutorial misconduct, (5) the district court erred in denying Woods's motion to suppress, (6) the district court allowed erroneous opinion…”
Pohlabel v. State (2012)
nev
“: Michael Pohlabel pleaded guilty to being a felon in possession of a firearm in violation of NRS 202.360. In doing so, he reserved the right to argue on appeal, as he did unsuccessfully in the district court, that his conviction violates the right to keep and bear arms secured…”
— Nev. Rev. Stat. § 202.360(1)(13) — 1 case
— Nev. Rev. Stat. § 202.360(1)(a) — 13 cases
Hager v. State (2019)
nev
“: NRS 202.360 (2015) makes it a felony for certain categories of prohibited person to possess a firearm.”
— Nev. Rev. Stat. § 202.360(1)(b) — 5 cases
Gallegos v. State (2007)
nev
“Because the term "fugitive from justice" has a well-settled meaning in Nevada and does not appear to promote arbitrary and discriminatory enforcement, I dissent from the majority's conclusion that NRS 202.360(1)(b) is unconstitutionally vague.”
— Nev. Rev. Stat. § 202.360(1)(c) — 2 cases
— Nev. Rev. Stat. § 202.360(1)(d) — 2 cases
Hager v. State (2019)
nev
“: NRS 202.360 (2015) makes it a felony for certain categories of prohibited person to possess a firearm.”
— Nev. Rev. Stat. § 202.360(1)(g) — 3 cases
— Nev. Rev. Stat. § 202.360(2) — 9 cases
State v. Chumphol (1981)
nev
“The district court concluded that the statute respondent was charged with violating, NRS 202.360(2), as it applies to aliens, is unconstitutional.”
Sanders v. State (1980)
nev
“(NRS 202.360). In this appeal, he argues the judgment of conviction should be reversed because (1) the district court erred in denying his oral motion in limine to exclude evidence of the nature of his prior convictions used to prove his status as a person previously convicted…”
Hager v. State (2019)
nev
“: NRS 202.360 (2015) makes it a felony for certain categories of prohibited person to possess a firearm.”
— Nev. Rev. Stat. § 202.360(2)(a) — 2 cases
Hager v. State (2019)
nev
“: NRS 202.360 (2015) makes it a felony for certain categories of prohibited person to possess a firearm.”
— Nev. Rev. Stat. § 202.360(2Xa) — 1 case
— Nev. Rev. Stat. § 202.360(3)(a) — 2 cases
Gallegos v. State (2007)
nev
“Because the term "fugitive from justice" has a well-settled meaning in Nevada and does not appear to promote arbitrary and discriminatory enforcement, I dissent from the majority's conclusion that NRS 202.360(1)(b) is unconstitutionally vague.”
Wilson v. Holder (2014)
nvd
“Furthermore, § 202.360 incorporates its definition of “controlled substance” from the federal Controlled Substances Act, which, as discussed above, includes marijuana.”
— Nev. Rev. Stat. § 202.360(3)(b) — 4 cases
Pohlabel v. State (2012)
nev
“: Michael Pohlabel pleaded guilty to being a felon in possession of a firearm in violation of NRS 202.360. In doing so, he reserved the right to argue on appeal, as he did unsuccessfully in the district court, that his conviction violates the right to keep and bear arms secured…”
— Nev. Rev. Stat. § 202.360(l)(a) — 1 case
Pohlabel v. State (2012)
nev
“: Michael Pohlabel pleaded guilty to being a felon in possession of a firearm in violation of NRS 202.360. In doing so, he reserved the right to argue on appeal, as he did unsuccessfully in the district court, that his conviction violates the right to keep and bear arms secured…”
— Nev. Rev. Stat. § 202.360(l)(c) — 1 case
Wilson v. Holder (2014)
nvd
“Furthermore, § 202.360 incorporates its definition of “controlled substance” from the federal Controlled Substances Act, which, as discussed above, includes marijuana.”
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