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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11582
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Can I purchase and own a firearm if I was involuntarily admitted

Resolved Question:

Can I purchase and own a firearm if I was involuntarily admitted to a mental hospital when I was 14? I am 18, a legal resident of Nevada, and have not been committed of any other crimes.
Submitted: 10 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 10 months ago.

Hi, my name is XXXXX XXXXX I will be assisting you.

 

 

1. In what State were you committed ?

 

 

2. How long was your commitment ?

 

 

 

 

 

Customer: replied 10 months ago.

California, 72 hours

Expert:  Andrea, Esq. replied 10 months ago.

Thank you for your reply,

 

Nevada Revised Statutes §202.360(2)(a) governs your situation, but you will have to review the commitment documents to determine if you fall within that category. Please review your documents carefully because violation of that subsection is punishable as a Class D Felony and carries a jail term of a minimum of one year and a maximum of 4 years and a fine of up to $5,000

 

 

NRS 202.360  Ownership or possession of firearm by certain persons prohibited; penalties.

 

1.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

(a) Has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

 

(b) Is a fugitive from justice; or

 

(c) Is an unlawful user of, or addicted to, any controlled substance.

 

A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

 

2.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

 

(a) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

 

(b) Is illegally or unlawfully in the United States.

 

A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 

3.  As used in this section:

 

(a) "Controlled substance" has the meaning ascribed to it in 21 U.S.C. § 802(6).

 

(b) "Firearm" includes any firearm that is loaded or unloaded and operable or inoperable.

 

[2:47:1925; A 1955, 185] + [3:47:1925; NCL § 2304]-(NRS A 1959, 548; 1967, 487; 1979, 1435; 1983, 926; 1985, 453, 594;

 

 

NRS §193.130 Categories and punishment of felonies.

1.  Except when a person is convicted of a category A felony, and except as otherwise provided by specific statute, a person convicted of a felony shall be sentenced to a minimum term and a maximum term of imprisonment which must be within the limits prescribed by the applicable statute, unless the statute in force at the time of commission of the felony prescribed a different penalty. The minimum term of imprisonment that may be imposed must not exceed 40 percent of the maximum term imposed.

 

2.  Except as otherwise provided by specific statute, for each felony committed on or after July 1, 1995:

 

(a) A category A felony is a felony for which a sentence of death or imprisonment in the state prison for life with or without the possibility of parole may be imposed, as provided by specific statute.

 

(b) A category B felony is a felony for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years, as provided by specific statute.

 

(c) A category C felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years. In addition to any other penalty, the court may impose a fine of not more than $10,000, unless a greater fine is authorized or required by statute.

 

(d) A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.

__________________________________________________________________________________

 

I wish I could give you the Answer you wanted to hear, that there is no problem in buying or carrying a firearm, but the law is not black and white on this issue and depends on the facts of each case; it would have given me great pleasure to have given you the Answer you wanted to hear, but I have an ethical obligation to you to give only correct answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because you are rating my service to you and not if you like or agree with the law,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11582
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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