Felon Firearm Possession Defense

Summary

In Nevada, felons are prohibited from possessing firearms or ammunition. Constructive possession can apply if you had knowledge and the ability to control the firearm or ammunition. Witnesses and evidence showing you did not have control or access to the firearms or ammunition can be crucial in your defense. Consult with your attorney and gather statements from witnesses to support your case.

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I am a convicted felon last time u was charged with a crime was 16 years ago. Recently i was with a friend that, legally owns firearms, where on this day i accompanied him to a friends privet land to watch my friend shoot his guns. The fire arms were locked in his gun case and placed in the back of his pick up truck when we were driving to the location he would layer fire his guns at targets for practice. I did not have any way to open the case that contained the guns nore could i reach the gun case during the time we drove to location. during the time that my friend was handling and shooting his firearms at no time did i ever toich ,handle or fire his guns. Later i was arested for own/poss gun by prohibit pers (f) under code * *.*.:*
What state did this incident occur in? Laws regarding firearm possession by felons can vary by location.
Nevada state elko county
What were the specific charges mentioned in your arrest warrant or citation?
Specific charges are own/poss gun by prohibit pers (f)
What is the exact statute number mentioned in your charges? This will help me provide more accurate information.
* *.*.*:
What is your current legal representation status? Do you have a lawyer or are you seeking one?
Public defender
What is the name of your public defender? This will help me provide more accurate information. In Nevada, felons are generally prohibited from owning or possessing firearms.
Does this matter? Why?
Knowing your public defender's name can help us coordinate with them for your case. Can you please provide it?
I havnt been assigned a particular defender yet as i have only been through the bail reduction hearing
What is the date of your next court hearing? This will help us to ensure you get a public defender assigned in time.
*/*/*
What is the exact location of the court where your hearing will be held?
Elko nevada elko county
What is the exact name of the court where your hearing will be held?

Elko County Courthouse is located at * Idaho St, Elko, NV *, USA. Phone: +* *-*-*.
Elko justice court
The Elko Justice Court is located at * Idaho St, Elko, NV *, USA. You can contact them at +* *-*-*.
I am asking you for advice as i will be defending myself
What specific advice are you seeking in defending yourself?
I dont understand how i am being charged with possession of a firearm when in fact i never even touched any such thing or ever had any intention of touching ,holding,shooting,i had no intention or desire to touch in anyway my friends firearms
Did you disclose your felon status to your friend who owns the firearms? In Nevada, it's illegal for a felon to be in a vehicle with a firearm, even if it's not directly in their possession.
The firearms were in a locked safe in the outside part of his pick up truck when we traveled
Did your friend know about your felon status before you traveled together with the firearms in the vehicle?
The fire arms were not in the vehical with me they were secure in the pickup bed in the rear end of the vehical the truck is a single cab truck. Yes my friend was aware that i had a felony in my past
Did the police provide any evidence or reason to believe that you had access to or control over the firearms? In Nevada, "constructive possession" can apply if you had the ability to maintain dominion or control over the item.
The prosecutor mentioned that from the police report it was mentioned that i had knollage of there being guns with my friend because he had stopped at a store to buy bullets before he and i got to the location where to he guns were fired
Did you have any involvement in the purchase of the bullets? In Nevada, constructive possession can be established if you had knowledge and the capability to control the firearms.
No
Did you have any physical contact with the firearms or ammunition at any point during this incident?
Not the gun itsself but i did look at one of the bullets out of pure amazment by its size.
Did you handle the bullet or just look at it? In Nevada, even handling ammunition can be considered as possession.
Just looked at it
Did anyone witness you not handling the firearms or ammunition? This could be crucial in your defense. In Nevada, mere presence near a firearm isn't enough to establish possession.
No
Did the police or any other authority search you personally for any firearms or ammunition?
Yes i was strip searched
Did they find any firearms or ammunition on you during the strip search?
No
Did the police provide any written or verbal statement about not finding any firearms or ammunition on you during the strip search?
Yes when i was in the jail a log of everything that i had on me was documented
Did you receive a copy of this log documenting that no firearms or ammunition were found on you?
Yes
Have you considered using this log as evidence in your defense to prove that you did not have physical possession of any firearms or ammunition?
I did not consider that point thank you
Do you have any other evidence or witnesses that could support your claim of not having possession or control over the firearms or ammunition?
Yes there was * other people presnt during this hole event leading up to the point of me being arrested
Can these two individuals testify that at no point did you have control over or access to the firearms or ammunition?
Yes
Have you discussed this with your public defender or considered having these individuals provide statements or testify on your behalf?
I will het statements from both people and have them testify in court and speak with my attorney asap
That's a good plan. Remember, in Nevada, the prosecution must prove you had control over the firearm. Your witnesses' testimonies could be crucial.
What other concerns about constructive possession should i think about?
Did you have any control over the keys to the gun case or know where they were kept? In Nevada, having access to the keys could be considered as having control over the firearms.
The keys were with the owner at all times i assume in his pants pocket u never seen them other then when he would unlock the case to either remove a firearm or to put one back in the case and lock it back up when he was finished shooting each differnt gun
Did anyone witness that you didn't have access to the keys at any time? This could be crucial in proving you didn't have control over the firearms.
Other then the owner i do not know if the 3rd personseen this or not
Did the third person present have any interaction with the firearms or the keys to the gun case?
Not that I seen.this person did shoot a couple of the guns breefly then returned the firearms to the owner as soon as the last bullet was fired. At which time the owner made sure that the gun was infact clear of any bullets and safe to put back in the lock box when he then closed and locked it
Did the third person witness you not handling the firearms or the keys at any point?
Yes
Have you considered asking this third person to testify or provide a statement about your lack of interaction with the firearms and keys?
How would me looking at a bullet constitute as me possessing a firearm
In Nevada, possession can be physical or constructive. If you had knowledge of the bullet and the ability to control it, it could be considered possession.
Possession of a bullet is not the same as possession of a fire arm correct?
Correct, possession of a bullet is not the same as possession of a firearm. However, in Nevada, felons are also prohibited from possessing ammunition.
Does that have the same penelty as possesion of a fire arm?
In Nevada, possession of ammunition by a prohibited person can carry similar penalties to firearm possession. It's crucial to consult with your attorney.