Can a Convicted Felon Own a Gun in Nevada? Pardons and Federal Ban

A convicted felon cannot legally own or possess a gun in Nevada. Under NRS 202.360, anyone with a felony conviction is barred from having a firearm, and breaking that ban is a new Category B felony punishable by one to six years in state prison and a fine of up to $5,000.¹ Federal law layers a second prohibition on top under 18 U.S.C. § 922(g), which bars firearm or ammunition possession for anyone convicted of a crime punishable by more than one year in prison and carries up to 15 years in federal prison.² The ban lasts for life. The only realistic way to restore gun rights is a pardon from the Nevada Board of Pardons Commissioners that expressly restores the right to bear arms.

How Nevada and Federal Law Overlap

Nevada’s ban applies no matter where the felony conviction happened. A felony from any other state, any U.S. territory, or a federal offense all count.¹ The prohibition runs for life unless a pardon lifts it.

The federal statute uses a slightly different trigger. It looks at what the offense was “punishable” by, not what sentence the person actually served. A suspended sentence, probation, or time served below a year does not matter. If the maximum possible punishment for the crime was more than a year, you are a prohibited person under federal law.²

Federal law also sweeps in ammunition. A felon who buys a box of cartridges and owns no gun at all is still committing a federal crime.²

You Do Not Have to Be Holding the Gun

Possession is broader than most people assume. Courts recognize two kinds. Actual possession means the firearm is on your person or within immediate reach. Constructive possession means you have both the power and the intention to control the firearm even if it is somewhere else. A gun locked in your bedroom safe, stored in your car’s glove box, or sitting in a closet you share with someone can all support a possession charge.

That matters in daily life. Living with a spouse, roommate, or family member who owns firearms creates real risk if prosecutors can show the felon knew about the guns and had access to them. The safest arrangement is either no firearms in the home at all, or storage the prohibited person genuinely cannot get into, such as a safe only the other person can open.

Black Powder and Antique Guns Are Not a Loophole in Nevada

People regularly ask whether muzzleloaders, black powder guns, or pre-1898 antiques are a safe workaround. In Nevada, they are not.

Federal law does carve out “antique firearms” from its definition of firearm. Under 18 U.S.C. § 921(a)(16), that includes guns made in or before 1898, certain replicas incapable of using modern fixed ammunition, and muzzleloaders designed for black powder that cannot accept fixed cartridges.³ Because those weapons fall outside the federal definition, the federal felon-in-possession statute does not technically reach them.

Nevada draws the line differently. NRS 202.253 defines a firearm as any device designed to be used as a weapon from which a projectile can be expelled through the barrel by an explosion or other combustion. There is no antique exception, no black powder carve-out, and no pre-1898 cutoff. A muzzleloader fits the definition, and NRS 202.360 then bars a felon from possessing any firearm as defined by state law.¹ Even if the gun escapes federal law, possessing it as a convicted felon in Nevada still violates state law.

The Only Way Back: A Pardon

A pardon from Nevada’s Board of Pardons Commissioners is the only path to legally owning a gun again. Finishing probation does not do it. Finishing parole does not do it. Record sealing does not do it either (more on that below). The Board is created by the Nevada Constitution and consists of the Governor, the justices of the Nevada Supreme Court, and the Attorney General.⁴

Under NRS 213.090, a full, unconditional pardon restores all civil rights, including the right to bear arms, and a pardon is presumed to be full and unconditional unless the official document says otherwise.⁵ That said, the pardon document itself must explicitly state that the right to bear arms has been restored. If it is silent on firearms, a court or law enforcement agency may not recognize the restoration. Anyone applying with gun rights in mind should make sure the application specifically asks for them and that the issued document says so plainly.

Why Sealing Your Record Does Not Give You Gun Rights Back

This is the most common misunderstanding. Sealing a criminal record in Nevada restores voting rights, the right to hold office, and the right to serve on a jury. It does not restore firearm rights. NRS 179.285 requires the court to give anyone whose records are sealed a written notice stating explicitly that their firearm rights have not been restored and that only a pardon can do that.⁶

The reason tracks the statute. NRS 202.360 bans possession by anyone who has “been convicted,” and sealing does not undo the fact that a conviction occurred. The record is hidden from most background checks, but the conviction still happened. Only a pardon, an act of executive clemency, overrides the ban.

What a Nevada Pardon Does to the Federal Ban

A Nevada pardon that restores firearm rights can also lift the federal firearms disability. Under 18 U.S.C. § 921(a)(20), a conviction does not count as a disqualifying conviction for federal purposes if the person has been pardoned or had civil rights restored, unless the pardon or restoration expressly prohibits firearm possession.⁷ A clean Nevada pardon can clear both state and federal law in a single step.

The wording of the pardon document is what controls. If it contains any language limiting firearm rights, the federal disability stays in place. Verify that the final pardon language satisfies both NRS 213.090 and the federal standard under § 921(a)(20) before relying on it.

A federal conviction is a different story. 18 U.S.C. § 925(c) technically allows the Attorney General to grant relief from federal firearms disabilities, but Congress has for years declined to fund the ATF to process those applications.⁸ For a federal conviction, the practical remaining option is a presidential pardon, which is rare.

A Narrow Exception for Foreign Convictions

The U.S. Supreme Court held in Small v. United States, 544 U.S. 385 (2005), that the phrase “convicted in any court” in 18 U.S.C. § 922(g)(1) refers only to domestic courts. A conviction from a court outside the United States does not trigger the federal ban. Nevada’s statute reaches felony convictions from “this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States,” which likewise points at U.S. jurisdictions.¹ This is a narrow carve-out that applies to very few people, and anyone who thinks it covers their situation should get legal advice before touching a firearm.

1
Nevada Legislature. Nevada Code NRS 202.360 – Ownership or Possession of Firearm by Certain Persons Prohibited
2
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
3
Legal Information Institute. 18 USC 921(a)(16) – Definition of Antique Firearm
4
Nevada Legislature. The Constitution of the State of Nevada – Article 5 Section 14
5
Nevada Legislature. Nevada Code NRS 213.090 – Pardon Restoration of Civil Rights
6
Nevada Legislature. Nevada Code NRS 179.285 – Sealing of Records Effect on Rights
7
Office of the Law Revision Counsel. 18 USC 921 – Definitions
8
Office of the Law Revision Counsel. 18 USC 925 – Exceptions Relief From Disabilities