Possession of firearm when under influence of alcohol, controlled substance

Vegas Attorney Explains Possessing Firearms While Drunk

There are laws in the state of Nevada that are intended to prevent unsafe behaviors connected with weapons. Prohibited behaviors related to weapons are defined in Chapter 202 of Title 15, as this is the chapter that defines behaviors made illegal because of the risk to public health and safety.

One of the offenses that has been made illegal within Chapter 202 is the crime of possession of a firearm while under the influence of alcohol, controlled substances, or any intoxicating substance. Nevada Revised Statute section 202.257 is the statute that prohibits being intoxicated or impaired while in possession of a weapon. The relevant statute defines the illegal behavior and specifies the requirements for administering evidence as well as the circumstances under which a firearm may need to be forfeited.

If you have been accused of violating laws related to possession of a firearm while under the influence of alcohol, you should give us a call for help. The Vegas defense lawyers at LV Criminal Defense can help you to fight charges so you can avoid conviction or reduce possible penalties associated with a guilty verdict. To find out more about how our firm can assist you in fighting charges, give us a call today.

Nevada Revised Statute Section 202.257: Possession of Firearms While Under the Influence of Alcohol, Controlled Substances or Other Intoxicating Substances

According to Nevada Revised Statute section 202.257, it is illegal for a person who has a blood alcohol concentration of .01 or more to have a firearm of any type in his or her physical possession. However, this rule does not apply to a person who is within his or her home and who possesses a firearm within that home solely for self defense.

Under N.R.S. 202.257, it is also unlawful to have a firearm in your possession if you are under the influence of any controlled substance, if you are under the combined influence of a controlled substance and intoxicating liquor, or if you inhale, ingest, apply, or otherwise make use of any compound, organic solvent, poison, or other substance that renders you unable to safely exercise actual physical control of a firearm. Again, this prohibition does not apply to any person who is within the confines of his or her personal residence if you have the firearm in your possession solely for self defense.

The statute sets forth a standard for conducting evidentiary tests in order to determine if an individual with a firearm is under the influence of alcohol or intoxicating substances. If a person who is required to be tested fails to submit to a required test under the direction of a police officer, it is permissible for the officer to use reasonable force to the extent necessary to obtain blood samples for testing as long as the officer has reasonable cause to believe the individual refusing to be tested is violating the law.

If a person is found to be intoxicated and unlawfully in possession of a firearm, that individual can be found guilty of a misdemeanor offense. Under N.R.S. 202.257, the firearm is also subject to forfeiture but only if it was brandished, aimed, or otherwise handled by the intoxicated person in a manner that caused danger to others.