See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

Nevada has no law:

  • Requiring the removal of firearms or ammunition at the scene of a domestic violence incident.

Firearm Prohibitions for Persons Convicted of Domestic Violence Misdemeanors

Nevada law mirrors federal law by prohibiting a person with a misdemeanor domestic violence conviction in any state from possessing firearms.1 In every conviction or admonishment of rights issued for a battery which constitutes domestic violence, the court must inform the person convicted that he or she is prohibited from owning, possessing, or having under his or her custody any firearm, and also order the person convicted to permanently surrender, sell, or transfer any firearm that he or she owns or has in his or her possession, custody, or control.2

If a court finds that a person convicted of stalking committed the crime against a family or household member and that the victim has an ongoing, reasonable fear of physical harm, then the court must enter such finding in its judgment of conviction or admonishment of rights and inform the person convicted that he or she is prohibited from owning or possessing any firearm. The court must also order the person convicted to permanently surrender, sell, or transfer any firearm that he or she owns or that is in his or her possession or control.3

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.4

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.5

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 adverse party only uses or possesses the firearm in the course of such employment; and
  • The employer will provide storage for any such firearm during any period when the adverse party is not working.6

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.7

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;
  • Sell or transfer any firearms to a licensed firearm dealer; or
  • Submit an affidavit informing the court that he or she currently does not have any firearm in his or her possession and acknowledging that failure to surrender any firearm in his or her possession is a violation of the extended order and of Nevada law.8

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.9

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.10

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 adverse party only uses or possesses the firearm in the course of such employment; and
  • The employer will provide storage for any such firearm during any period when the adverse party is not working.11
Notes
  1. Nev. Rev. Stat. Ann. § 202.360(1)(a). ⤴︎
  2. Nev. Rev. Stat. Ann. § 200.485(9). ⤴︎
  3. Nev. Rev. Stat. Ann. § 200.575(5),(6). ⤴︎
  4. Nev. Rev. Stat. Ann. § 33.031(1)(b). An extended order may be issued when a court is satisfied that specific facts demonstrate that an act of domestic violence occurred or a threat of domestic violence exists, and after the court provides notice to the adverse party and holds a hearing on the application for an order of protection. Nev. Rev. Stat. Ann. § 33.020(1), (3). ⤴︎
  5. Nev. Rev. Stat. Ann. § 33.031(2). ⤴︎
  6. Nev. Rev. Stat. Ann. § 33.031(3). ⤴︎
  7. Nev. Rev. Stat. Ann. § 33.031(1)(a). ⤴︎
  8. Nev. Rev. Stat. Ann. § 33.033(1). ⤴︎
  9. Nev. Rev. Stat. Ann. § 33.033(5). For additional information on the firearms surrender process, see Nev. Rev. Stat. Ann. § 33.033(2)-(4), (6). ⤴︎
  10. Nev. Rev. Stat. Ann. § 33.031(2). ⤴︎
  11. Nev. Rev. Stat. Ann. § 33.031(3). ⤴︎