Thursday, June 9, 2016

As Americans we view Gun Ownership as our Right...

But certain things can affect your right to buy, own, 
or even HOLD a gun!

Nevada Revised Statute 202.360 is the law responsible for this. It governs 
"Prohibited Person in Possession of a Firearm"

1. a person who is prohibited from firearm possession (notice it doesn't say ownership) is one or more of the following:
a) Ex-Felon: Someone who has been convicted of a felony crime in this or any other state.
b) Fugitive From Justice:
I didn't kill my wife!!
 A fugitive is a person who is charged in another state with the commission of a felony and has fled from that state to avoid prosecution, or is fleeing from another state to avoid giving testimony in any criminal proceeding.
c) Habitual Drug Users: 
Disclaimer: for satire purposes only. Tommy Chong is a wonderful,
delightful, law-abiding citizen and his photo in this context is not
meant to imply otherwise. 
d) A person who has been adjudicated (by the Court) as Mentally Ill, or has been committed to any mental health facility. 

 e) Illegal Alien: Any person who is illegally or unlawfully present in the United States.

Now, again, I'm not just talking about being prohibited from OWNING a gun or BUYING a gun. The law is very specific and states that if any one of the above-described persons so much as:

"...owns or has in his possession or under his custody or control ANY FIREARM that is loaded, unloaded, operable or inoperable."

Take a good look at that last bit and let that sink in. Under your custody or control can be WILDLY and broadly construed by Law Enforcement. I'm about to go full "Sophia" from The Golden Girls:

Picture it: a warm summer day in Las Vegas, 2016. You've been convicted of a felony, but that was years ago. You've since served out your sentence, changed your life and are now, for all intents and purposes, a kind, decent, hard-working, productive human being, and you rarely think about the ugly label of "EX FELON" that society would have you wear as though it were a large red "A" and your name was Hester Prynne. But I digress. Your friend is coming over and you two are going out to do a little shopping, maybe grab some lunch, who knows. Your friend has never been arrested and enjoys the freedoms of the 2nd amendment combined with Nevada's Open Carry laws by carrying a gun most places they go.
So, you and your friend hop into your car and go. A few minutes go by and your friend says that he needs to swing by the bank to cash a check so he has some spare cash for impulse shopping. He decides that he's just going to run into the bank real quick, and it's hot, so you stay in the car and leave it running for the A/C. But it's a bank and your friend isn't an idiot so he decides to leave his gun in the car for a second while he runs in.
He unfastens his holster, leaves the gun on the floor of the passenger seat and runs into the bank. There's a queue. You're waiting, playing Angry Birds or whatever and just as you're about to rescue the eggs from those stupid pigs, a police officer taps on your window. See, he was just leaving the restaurant that's right behind you after his lunch break and he saw you waiting outside a bank with the engine running and figured that he'd run your license plate just for the hell of it.
...And your felony conviction popped up on his computer. Now, from a cop's perspective, he sees a known felon sitting in an idling car outside a bank. ...what do you think is going through his head?
Anyway, he taps on your window, and in your 'distracted-by-egg-stealing-pigs' state you drop the window. He sees the gun on your floor and the next thing you see is:
If you were holding any measurable quantity of urine before this moment, it's
likely moistening your upholstery right now...
Next thing you know, you're out of the car, in handcuffs, your car is being sealed pending the officers obtaining a telephonic search warrant so that they can legally recover the firearm (there goes 3 hours of your day) and, considering the batch of cops you get and how persuasive your friend is, you may, or may not be arrested on a fresh felony for being an Ex Felon with a firearm under your custody or control.

Things like this happen all-too-frequently in our society and if something like this has happened to you, call my office right away!

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