Firearms Rules for “Extended Restraining Orders” in Nevada

NRS 33.0305 is the Nevada law that prohibits you from acquiring new firearms if you are named in an extended protection order (EPOs). In some cases, NRS 33.031 requires you to surrender your old guns within 24 hours of the EPO being issued. Courts typically impose EPOs in cases of alleged domestic violence.

EPOs usually last for one year. You face felony charges if you buy or keep any guns in violation of court orders.

(Note that if you are convicted of battery domestic violence (NRS 200.485), you are required to surrender your firearms permanently. It makes no difference if you are subject to an EPO or not.)

Below our Las Vegas criminal defense attorneys answer frequently asked questions about restraining orders and gun rights in Nevada.

1. Can I get new guns if there is an EPO against me?

No. If you are the subject (“adverse party”) of an extended restraining order, you may not buy or acquire new guns while the Nevada EPO is in effect.¹

2. Can I keep my old guns if there is an EPO against me?

Nevada courts decide this on a case-by-case basis. In determining whether to order you to relinquish your guns, the court considers:

• your history of domestic violence;
• if you have used firearms in the commission of a crime; and
• whether you have used firearms to harass or hurt others.

When you are ordered to surrender your guns, the court can make limited exceptions if guns are necessary for your job. Specifically, guns may be allowed if:

1. your occupation requires using or having guns;
2. you possess guns only while on the job; and
3. your employer stores the guns while you are not working.²

3. What is the penalty?

It is a category B felony to keep or acquire a firearm in violation of an EPO.  The punishment is:

• 1 to 6 years in Nevada State Prison, and
• Up to $5,000 in fines (at the judge’s discretion).³

However, prosecutors may be willing to reduce or dismiss the charges as part of a plea bargain.

4. What is the procedure for surrendering guns?

If you have been ordered to relinquish your guns due to an EPO, you must take one of the following four measures:

1. Give your guns to local police as designated in the court order. The police will provide a receipt with the guns’ descriptions and serial numbers;
2. Give your guns to another person designated in the court order. You must inform the court and local police of this person’s name and address as well as the guns’ descriptions and serial numbers;
3. Sell or give away the guns to a licensed firearms dealer. The dealer will provide a receipt with the guns’ descriptions and serial numbers. If the guns were transferred, the receipt will indicate whether the transfer is temporary or permanent. The receipts must be given to the court and local police; or
4. Submit an affidavit informing the court you have no guns and acknowledging the penalties for failing to surrender any guns.

If you are ordered to surrender your firearms, you have 24 hours from the issuance of the EPO to do so. Then you must notify the court and local police (if necessary) within 72 hours or one business day of the surrender, whichever is later.⁴

If there is probable cause that you still have your guns, courts can grant police a search warrant. The police may then search locations where there is probable cause to believe the guns may be. Then they can seize any guns they find as evidence.⁵

5. Can my criminal record get sealed?

Yes. A conviction for violating an EPO by having a firearm should be sealable five years after the case ends. If the charge gets dropped, then there is no waiting period required before requesting a record seal.⁶

Learn about how to get a Nevada criminal record seal.

6. What are the immigration consequences?

Any gun-related crime — especially a felony — is a deportable offense.⁷ If you are a non-citizen charged with having a gun in violation of an EPO, you are advised to seek legal counsel. An attorney may be successful in getting your charge dismissed and saving your residence status.

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Legal References