Will My DUI Restrict My Gun Ownership Privileges?
State and federal laws can restrict gun ownership to certain types of people that it considers dangerous. Federal law does not allow certain felons to possess a gun, regardless of its intended purpose. While it is perfectly legal to own a firearm in Nevada with the necessary permits, your privileges may be revoked if you are convicted of a felony DUI. Possession alone can be deemed a violation of the law.
If you have been convicted of a DUI crime that was punishable by one or more years in prison, you will not be allowed to own, store, or carry a firearm unless you are granted an official pardon from the state. It does not matter if the felony occurred in Nevada or if the gun is in operable condition or not; if you are found with a weapon, you could face serious penalties.
What is a Felony DUI in Nevada?
Most DUI charges in the state of Nevada are misdemeanors, but repeat offenses or DUIs with aggravating factors could turn the charge into a felony. DUI charges can change from misdemeanor to felony under the following conditions:
- The individual has two or more previous DUI convictions in the past seven years
- A previous DUI has caused serious injury or death to another person
- The individual has already been convicted of felony DUI in the past
Felony DUI in Nevada comes with severe penalties that may include hefty fines of up to $5,000 and up to six years in prison. If your DUI resulted in the death of another, prison time could increase to up to 20 years depending on the case.
Possible Defenses for Illegal Possession of a Firearm
If you are found to be in possession of a weapon after a felony DUI conviction, a lawyer from our firm may be able to help your case by applying one of the following three defenses:
- Illegal search – If the police conducted an illegal search and seizure of the firearm, a defense attorney could file a motion in the court to suppress the evidence.
- No proof of ownership or possession – If the defendant was only in the vicinity of the firearm and not actually using it, they cannot be prosecuted for illegal possession.
- Insufficient evidence – If the defense attorney can show that there is no evidence to prove the defendant’s guilt beyond the shadow of a doubt, the defendant may not be held liable.
Don’t risk a felony DUI conviction. If you are facing DUI charges, take action by calling Joey Gilbert Law as soon as possible. A Reno DUI lawyer from our firm can help protect your rights with decades of experience and winning legal strategies. For a free and confidential consultation, please call (775) 574-4774.