I have an extended order for protection against the abuser. Can s/he keep a gun or buy a new gun?
It is a crime in Nevada for someone to have a firearm if there is a Nevada extended order for protection against domestic violence against him/her -- or a similar order from another state. However, the order for protection must include a statement that the abuser is prohibited from having or using a firearm while the order is in effect.*
When you get an extended order for protection, the judge can specifically prohibit gun possession as one of the terms of your order. The judge can also order the abuser to give up all of his/her firearms within 24 hours of service (receipt) of the order. The abuser can either give the firearms to law enforcement or sell/transfer them to a licensed firearm dealer.** If the judge has "probable cause" to believe that the abuser has not surrendered, sold or transferred any of his/her firearms within 24 hours after service of the order, the judge can issue a search warrant that:
- allows law enforcement to enter and search any place where there is probable cause to believe any firearms are located; and
- seize (take) the firearms.***
In addition, federal laws, which apply to all states, restrict an abuser's right to have a gun if you have a protective order against him/her that meets certain requirements even if the judge does not specifically include on the order that s/he cannot have a gun. Go to the Federal Gun Laws page to get more information.
If you are afraid for your safety, talk to your local domestic violence program about your options. Go to the NV Advocates and Shelters to find a program in your area.
* N.R.S. § 202.360(1)(d)
** N.R.S. §§ 33.031(1); 33.033(1)
*** N.R.S. § 33.033(5)