For most people, owning firearms is not a crime. Individuals in Nevada have the right to keep and bear arms. However, there are some situations in which firearm possession is criminal. For instance, you may be charged with possession of firearms in Reno if you have a felony on your criminal record, leading to lifelong loss of gun rights.
John Arrascada is not only a respected trial lawyer but also an aggressive defender for those facing firearm charges. If you are facing possession charges, working with a gun defense attorney may be the best option for protecting your rights.
In Nevada, there are two types of firearm possession: actual and constructive. Actual possession refers to having a firearm on one’s person or within immediate reach. Constructive possession refers to having a firearm in a place that one has access to, such as a locked glove box or a gun locker.
In order to prove firearm possession in Reno, a prosecutor must demonstrate that the accused knew the firearm was present and intended to exercise control over it. For example, a lawyer may build a strong defense that a passenger was unaware of the handgun under the driver’s seat in their friend’s vehicle.
There are several circumstances in which firearm possession can become a crime. For instance, firearm possession is illegal by prohibited people, on school property, or while intoxicated. Carrying a concealed firearm without a permit is also illegal. Possession of a stolen firearm is also a criminal offense in Reno, even by those who did not necessarily steal the firearm to begin with.
Sentencing is highly dependent on the crime one is convicted of. It is also important to note that sentencing increases with certain enhancements. For example, using a firearm during another felony can double the sentence if somebody is found guilty. Enhancements may also apply to cases that involve domestic violence or immigration.
A credible Reno attorney can review the details of a firearms possession case and identify potential legal defenses. For instance, a lawyer may argue that you did not know about the firearm or that it belonged to another occupant of a home or vehicle. They can also argue that the accused had a valid license to carry while concealed or that they were actually open carrying in accordance with Nevada law, where permitted.
A defense attorney can also consider a defense based on an invalid search and seizure of a vehicle or home. Evidence found during illegal searches can be suppressed in many cases. Lawyers can also help pursue constitutional challenges, which places a burden on the State to justify restrictions on the defendant.
After an arrest for possession of firearms in Reno, the best thing to do is remain silent and decline searches requiring consent. Then, you should contact an attorney immediately, as early action can preserve evidence and help with bail negotiations.
The Law Office of John Arrascada LLC has years of courtroom experience and a deep knowledge of Washoe County judges and prosecutors. Our firm is aggressive and takes a direct, no-nonsense approach to building your case. Schedule a consultation with our lawyer today to start building a strong defense.
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