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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27010
Experience:  Handle criminal matters in both state and federal courts.
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Will a gross misdemeanor charge from when I was a minor keep

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Will a gross misdemeanor charge from when I was a minor keep me from lawfully bearing arms in the state of Nevada?
Hello

My name is XXXXX XXXXX I look forward to discussing this and proving you information in this regard.

Please tell me

1 - what state was the charge in -

2 - how old were you and were you adjudicated as a juvenile or was it waived up to adult court?
Customer: replied 3 years ago.

1. Nevada.
2. 17, was adjudicated delinquent as a juvenile. Probation was positively terminated about 12 hours ago, 2 months early.

Hello

And thank you

The gross misdeamnor should not preclude you from firearm purchase, possession or ownership because the possible penalty does not exceed 1 year.

And just an FYI - unless you were convicted of one of the crimes as provided for in the following NV law your juvenile record will be automatically sealed at age 21 -



NRS 62H.150 Limitations on sealing records related to certain delinquent acts.

1. If a child is adjudicated delinquent for an unlawful act listed in subsection 6 and the records relating to that unlawful act have not been sealed by the juvenile court pursuant to NRS 62H.130 before the child reaches 21 years of age, those records must not be sealed before the child reaches 30 years of age.

2. After the child reaches 30 years of age, the child may petition the juvenile court for an order sealing those records.

3. If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and the chief probation officer.

4. The district attorney and the chief probation officer, or any of their deputies, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.

5. After the hearing on the petition, the juvenile court may enter an order sealing the records relating to the child if the juvenile court finds that, during the period since the child reached 21 years of age, the child has not been convicted of any offense, except for minor moving or standing traffic offenses.

6. The provisions of this section apply to any of the following unlawful acts:

(a) An unlawful act which, if committed by an adult, would have constituted:

(1) Sexual assault pursuant to NRS 200.366;

(2) Battery with intent to commit sexual assault pursuant to NRS 200.400; or

(3) Lewdness with a child pursuant to NRS 201.230.

(b) An unlawful act which would have been a felony if committed by an adult and which involved the use or threatened use of force or violence.

(Added to NRS by 2003, 1092)


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated..

Customer: replied 3 years ago.

Just to clarify, is my delinquent adjudication considered the same as a conviction in Nevada? No one has clarified that for me.

Hello

Yes, you were adjudicated as a juvenile, but it is still a conviction
Customer: replied 3 years ago.

Does the charge being firearms-relating play any role in me being able to own firearms now that I'm an adult?

Hello

Here is how the laws are

Felons are precluded from firearm possession, etc

Domestic violence misdemeanors are precluded from firearm possession.

And any misdeameanor in which the POSSIBLE penalty is more than 1 year is precluded from firearm possession, etc - and it does not matter what sentence you were given if the law allows for a penalty of more than 1 year.

The gross misdemeanor carries a penatly of up to 1 year - and since it is not More Than a year, you should not be precluded from possession regardless of what the circumstances were surrounding the crime, unless it was specified somehow by the judge.
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