If the abuser uses a gun for his/her job, can his/her gun be taken away?
It depends. Even though as part of an extended order for protection, a judge can prohibit the abuser from possessing a gun, the law allows an exception for a respondent who is required to use a firearm as part of his/her employment. The judge can allow the abuser to have a firearm in his/her possession if s/he proves that his/her employer requires him/her to use or possess a firearm as an essential part of the job. However, the employer will have to provide for storage of the firearm during any period when the abuser is not working.* Federal law, which applies to all states, also makes an exception for an abuser who is a law enforcement officer, military employee or government employee - s/he may still be able to continue to use a gun for work purposes (but not for personal use) even if you have an order for protection against him/her.**
However, under both Nevada state law and under federal law, which applies to all states, if the abuser has been convicted of a felony or a domestic violence misdemeanor, the abuser can never buy or have a gun, even if s/he is a police officer, a military employee, or anyone who uses a job as part of his/her employment.**
If you are confused or not sure whether the abuser can still use a gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Protection Orders and Full Faith & Credit to find out more information: 1-800-903-0111 ext. 2. To find a domestic violence advocate in your area, please go to our NV Advocates and Shelters page.
* N.R.S. § 202.360(1),(2)
** N.R.S. § 33.031(3)
*** N.R.S. § 202.360(1); 18 USC § 925(a)(1)