Does a Domestic Violence Conviction Take Away Your Gun Rights in Nevada?
Facing a domestic violence charge in Las Vegas can be overwhelming, especially when you realize that the consequences of a conviction extend far beyond the possibility of jail time. Your rights, your reputation, and your future are all on the line, including your ability to legally own or possess a firearm. A domestic violence conviction, even a misdemeanor conviction, will result in the loss of your gun rights under both Nevada and federal law. It is imperative to remember, however, that an arrest is not the same as a conviction. If you have been charged with domestic violence, you have the right to defend against those allegations and potentially prevent the loss of your rights. Acting quickly and strategically can make a significant difference in how your case is resolved. You deserve a space where you can speak openly about what happened, ask questions, and understand your options.
If you’ve just been arrested, don’t panic. Contact us to understand your options before saying anything to the police. The Vegas Lawyers offer a confidential, judgment-free environment to help you protect your rights and plan your next steps. Contact us today by calling 702-707-7000 or contacting us online.

The Short Answer: Yes, Under Both Nevada and Federal Law
If you are convicted of a domestic violence offense, you will lose your gun rights under both Nevada State law and U.S. federal law.
How Federal Law (The Lautenberg Amendment) Applies
Under 18 U.S.C. § 922(g)(9), a federal law referred to as the Lautenberg Amendment permanently bans anyone who has been convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition.
Nevada State Law (NRS 202.360) on Firearm Possession
Nevada State law, governed by NRS 202.360, also prohibits anyone who has been “convicted of the crime of battery which constitutes domestic violence” from owning or possessing a firearm.
Do Police Confiscate Guns During a Domestic Violence Arrest in Las Vegas?
The police may confiscate firearms during a domestic violence arrest under certain conditions. They may seize firearms in plain view or firearms used during the incident for which you are being arrested. They can also seize firearms located pursuant to a consensual search if they have reasonable grounds to believe that you have assaulted a family member.
Temporary Surrender vs. Permanent Loss
You may be ordered to temporarily surrender your firearms or permanently surrender them. Temporary surrender usually occurs when a judge has issued an Order based on a petition filed by the police alleging that you are a threat. A temporary surrender order has a definite expiration date. Conversely, you could permanently lose your right to own or possess firearms if you are convicted of domestic violence.
Protective Orders (TPOs) and Firearm Restrictions
When a court issues a Temporary Protective Order (TPO) based on allegations of domestic violence, the Order typically includes a provision directing the Respondent to surrender all firearms. The Respondent then has 24 hours from the time the Order is served to comply with the order to surrender all firearms.
What Happens if You Are Caught with a Gun After a DV Conviction?
Being caught with a gun after being convicted of domestic violence in Las Vegas subjects you to serious felony criminal charges.
Felon in Possession / Prohibited Person Penalties
Under Nevada law, a felon or prohibited person in possession of a firearm is a category B felony. If convicted, you face one to six years in prison and a fine of up to $5,000.
The Risk of Federal Prosecution
Possessing a firearm after being convicted of domestic violence also potentially subjects you to federal prosecution for violating the Lautenberg Amendment. If convicted, you could be sentenced to up to 10 years in prison and fined up to $250,000.
Your Second Amendment rights are on the line. Call our Las Vegas defense team today to start building your case.
Can You Get Your Gun Rights Back in Nevada?
After a domestic violence conviction in Nevada, it is possible to get your gun rights restored; however, you must follow a complicated legal process to attempt the restoration of your rights.
Why Record Sealing Does Not Automatically Restore Gun Rights
Nevada has a relatively broad record sealing law that allows most criminal records to be sealed after the applicable time period. While most domestic violence convictions are eligible for record sealing in Nevada, sealing the record will not restore your gun rights. Record sealing only removes the record from public view. It does not erase the conviction or give you back any rights lost as a result of the conviction.
The Pardon Process in Nevada
The good news is that there is a way to get your gun rights restored following a domestic violence conviction in Nevada. You must obtain a pardon by applying to the Nevada State Board of Pardons Commissioners. If the pardon is granted, it removes all disabilities related to the conviction and restores rights that were lost, including gun rights.
How We Defend Your Rights: Fighting Domestic Violence Charges in Vegas
The best way to protect your gun rights in Nevada when accused of domestic violence is to prevent the accusations from becoming a conviction in the first place.
Negotiating for Non-DV Charges (e.g., Simple Battery)
One way that the team at The Vegas Lawyers fights for your rights in domestic violence cases is to negotiate for a plea agreement that involves non-domestic violence charges. For example, we might be able to convince the prosecutor to agree to a plea agreement for simple battery instead of battery domestic violence.
Proving Self-Defense or Exposing False Accusations
Another way we defend against domestic violence allegations is to provide evidence proving that you were simply defending yourself because the alleged victim was actually the aggressor. We also frequently expose false allegations when clients are accused of domestic violence.
Why Going to Trial Might Be Your Best Option to Save Your 2nd Amendment Rights.
When domestic violence charges are involved, the consequences of accepting a plea agreement are more complicated because a conviction triggers the loss of gun rights. Although the idea of taking your case to trial may be overwhelming when facing domestic violence allegations, it can be your best option to save your 2nd amendment rights.
Why You Need a Las Vegas Criminal Defense Attorney Before Your First Court Date
If you have been charged with domestic violence in Las Vegas, having an experienced Las Vegas criminal defense attorney on your side before your first court date is crucial to ensure that all your rights are protected throughout the prosecution of your case.
FAQ‘s
Yes. Any conviction for domestic violence triggers the loss of your gun rights in Nevada.
If you have pending domestic violence charges in Las Vegas, there is likely a temporary or permanent protective order in place that prohibits you from owning or possessing a firearm.
Yes. You usually have 24 hours from the time you are served with a TPO to surrender your firearms.
No. Sealing your record does not restore your gun rights. Only a pardon can restore your rights.
It is sometimes possible to plead a domestic violence charge down to simple battery, which does not trigger the loss of gun rights.
Under Nevada law, you could face up to six years in prison for having a gun after a domestic violence conviction. You could also face up to 10 years for violating federal law.
Schedule a consultation to discuss fees for defending you against allegations of domestic violence in Las Vegas.








