A person convicted of a felony in the State of Nevada loses the right to carry, possess, or own any type of firearm. The loss of civil rights can only be restored by obtaining a pardon from the Nevada Board of Pardons. While getting a pardon is possible in some cases, it is extremely difficult, and specific eligibility criteria apply. Representation by legal counsel is not required, but the best approach is to consult with a criminal defense lawyer before initiating a pardon application.

Restoring Gun Rights After a Nevada Felony Conviction

Under Nevada law, a felony conviction is one of the reasons that makes a person ineligible to possess or own a firearm. The loss of gun rights because of a felony conviction can only be restored by applying for and receiving a pardon for the conviction from the Nevada Board of Pardons. A pardon is a type of forgiveness of a past crime, but it does not erase the conviction from the defendant’s record. A pardon may restore gun rights only if the pardon is full and unconditional or states that it specifically restores the right to possess and own a firearm.

A pardon is very difficult to obtain. The Board of Pardons reviews applications on a case-by-case basis. Only a very small percentage of applicants are granted a hearing. Of cases that receive a hearing, only about half receive a pardon. Restoration of gun rights is not required to be part of a pardon and must specifically be addressed by the Board.

Generally, Nevada pardon applications are granted only after a significant amount of time has passed since full release from the justice system, including probation, parole, and prison. The period of time depends on the category of the conviction. For example, for a Category A felony, an application may be filed 12 years after release from probation, parole, or prison. For a Category B felony, the period is eight (8) years after release from probation and ten (10) years after release from parole or prison. Similar restrictions apply for other felony categories.

In addition to the passage of a specified period of time, other criteria and factors apply to review of a pardon application, including:

• The applicant’s current character, reputation, and conduct
• The type and severity of the crime
• The person’s complete criminal history
• Completion of all terms of the sentence, such a payment of fines
• Whether the person has regret for the crime(s) and taken responsibility
• Compelling need, such as an inability to obtain employment

The Board takes other relevant factors into account as well. A pardon generally is not granted when a matter is on appeal, the person is a registered sex offender, or there is no proof of rehabilitation.

Applying for a Pardon

If you think you meet the eligibility criteria to apply for a Nevada pardon, you should discuss your situation with an experienced criminal defense attorney. If you pursue an application, it is advisable to have the lawyer represent you in preparing, submitting, and presenting the application, and in representing you in the hearing, if one is granted. Your lawyer makes certain that the application is complete and accurate and that the pardon will include removal of all restrictions on gun rights. If that condition is not included, the pardon may not address the right to possess or own firearms.

When you submit a pardon application, your lawyer will work closely with you to collect evidence to show positive aspects of your life since the conviction, such as getting an education, having a job, raising a family, engaging in charity or community service, and avoiding all types of arrest. Letters of recommendation from friends, employers, and others can help to bolster a pardon application.

The Pardons Board grants a hearing for a small number of applications, based on all the circumstances of the situation. In addition, a pardon may still be denied after a hearing. If you receive a hearing and the application is denied, you will not be able to reapply, except in very limited circumstances.  

Sealing a criminal record is totally different from obtaining a pardon. Record sealing cannot restore firearm rights. Generally, only a pardon can restore gun rights lost due to a felony conviction.  

Schedule a Free Consultation With an Experienced Las Vegas Firearms Defense Lawyer

At The Gersten Law Firm, we advise clients on all legal matters relating to gun rights and firearm charges. We represent Nevada residents and visitors on all federal and state gun charges in Clark County and other state jurisdictions. Your initial consultation is always free of charge. Call 702.857.8777 or use our online form to schedule an appointment.