Giffords Law Center to Prevent Gun Violence. 2024 ‘Domestic Violence & Firearms in Nevada.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 25 April

Relevant contents

Domestic Violence and Firearms in Nevada

Nevada has no law:

- Prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition, unlike federal law; or
- Requiring the removal of firearms or ammunition at the scene of a domestic violence incident.

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders

Nevada authorizes, but does not require, a court to include in an extended order for protection against domestic violence (issued after notice and a hearing) a requirement that prohibits the adverse party from possessing or having under his or her control any firearm while the order is in effect.

In determining whether to include this provision in an extended order, a court must consider whether the adverse party:

- Has a documented history of domestic violence;
- Has used or threatened to use a firearm to injure or harass the applicant, a minor child or any other person; and
- Has used a firearm in the commission or attempted commission of any crime.2

A court that includes this restriction in an extended order may also include a limited exception allowing possession or control of a firearm if:

- The adverse party establishes that he or she is employed by an employer who requires the adverse party to use or possess a firearm as an integral part of the adverse party's employment; and
- The employer will provide storage for any such firearm during any period when the adverse party is not working.

Note that federal law also prohibits many domestic violence protective order defendants from possessing firearms.

Removal or Surrender of Firearms When Domestic Violence Protective Orders Are Issued

In Nevada, a court may include in an extended order for protection against domestic violence a requirement that the adverse party surrender to law enforcement, or sell or transfer, any firearm in that person's possession, custody or control.

If a court orders an adverse party to surrender any firearm, that person must, not later than 24 hours after service of the order:

- Surrender any firearms to the appropriate local law enforcement agency designated by the court in the order;
- Surrender any firearms to a person designated by the court in the order; or
- Sell or transfer any firearms to a licensed firearm dealer.

If there is probable cause to believe that the adverse party has not surrendered, sold or transferred any firearm in his or her possession, custody or control within 24 hours after service of the order, the court may issue and deliver to any law enforcement officer a search warrant which authorizes law enforcement to enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.

In determining whether to require an adverse party to surrender his or her firearms for the duration of the extended protective order, a court must consider whether the adverse party:

- Has a documented history of domestic violence;
- Has used or threatened to use a firearm to injure or harass the applicant, a minor child or any other person; and
- Has used a firearm in the commission or attempted commission of any crime.

A court that includes this restriction in an extended order may also include a limited exception allowing possession or control of a firearm if:

- The adverse party establishes that he or she is employed by an employer who requires the adverse party to use or possess a firearm as an integral part of the adverse party's employment; and
- The employer will provide storage for any such firearm during any period when the adverse party is not working…

[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]

Last accessed at:
https://giffords.org/lawcenter/state-laws/domestic-violence-and-firearms-in-nevada/