Nevada has stringent laws regarding gun possession or ownership by minors unless under certain exceptions. If you possess a gun and are a minor, you could face criminal charges and hefty repercussions. Adults, including parents and guardians, can also face charges for allowing gun access by minors. If you or your child faces charges for violating juvenile firearm statutes in Las Vegas, our attorneys at The Law Offices Of Martin Hart can help.
Juvenile Gun Statutes In Nevada
It is a delinquent offense for minors below 18 years to possess or handle firearms. Minors can only possess guns if they are in the company of authorized adults, parents, or guardians. They are also allowed to have or handle gums only while hunting. Children aged 14 years or older could possess or handle guns without the accompaniment of a guardian, parent, or authorized adult under the following circumstances:
- The minor is attending a firearm instruction or hunting course, participating in a legal competition, practicing in an established firing range, at their home, or traveling to or from these places as long as the gun is not loaded.
- The gun is a rifle or shotgun, which is not fully automatic.
- The minor has not been barred by a previous court order or other law from possessing guns.
- The minor has written permission if it is a concealed gun.
If you assist children in possessing or handling guns illegally, you could face criminal penalties. A first crime is usually considered a misdemeanor, which could attract a fine that does not exceed $1,000 and a jail term that does not exceed six months. A second crime is classified as a B felony, which could attract a fine that does not exceed $5,000 and a jail term of one to six years in a state prison.
A first offense could be considered a felony if you knew that there was a substantial risk that the minor would use the firearm violently. This offense could attract a fine that does not exceed $10,000 and a jail term of one to five years in a state prison.
Juvenile Gun Laws And Hunting
You must secure a hunting license from the Nevada Department of Wildlife (NDOW) to hunt animals. People must also seek a license to hunt upland game birds or waterfowl. Licenses are not issued to hunt unprotected species like coyotes and black-tailed jackrabbits. However, trappers require a trapping license to trap coyotes and black-tailed jackrabbits.
The cost of hunting licenses differs depending on whether you are a Nevada resident and intend to trap, fish, or hunt. Fishing and hunting licenses are usually valid for a period not exceeding one year following purchase. However, these licenses can always be auto-renewed. An individual could be required to complete a hunter safety course to secure a license.
Apprentice or youth hunting licenses are usually issued to children between 12 and 17 years old. Minors below 12 are not permitted to partake in big game hunting. They are, however, allowed to accompany adults while hunting big game animals. The law allows licensed children aged 14 years or older to hunt by themselves with firearms, provided they have permission from their parents or guardians. They require written authorization for handguns. The gun must be unloaded if the child travels to or from the hunting ground.
The Juvenile Court Process
Probation or peace officers could take the child into custody if they have probable cause to assume that a minor used or threatened to use a gun unlawfully. The officers will not free the minor until a detention hearing is set and determined. The minor will undergo the fingerprinting process after being placed in custody.
If the child was put in custody for carrying or possessing a firearm while in a school vehicle, property, or childcare facility, he/she will also be evaluated by a professional and submitted to drug tests. The court will determine whether an evaluation is necessary if the child is detained for another purpose.
All the evaluations must be done within 14 days of the detention proceeding. Before the detention hearing, the minor must be detained or put under a supervision program in a home that could include electronic surveillance. Any statements the minor makes during the evaluation can be used against them later. In some counties, juvenile courts have jurisdiction over offenses allegedly committed by children. However, exceptions exist for more serious crimes. Minors aged 14 years or older and charged with the use or threatened use of a gun would often be "certified for criminal court." Juvenile courts do not have jurisdiction over offenses involving minors aged 16 years and are charged with gun use.
Penalties For Juvenile Gun Crimes
Juvenile courts can confine the child offender to a secure facility when determining punishment if the child used a gun against a victim during an unlawful act. The judge could also impose other measures deemed necessary for the best interest of the minor and the public. Juvenile courts can order the following if a child is adjudicated delinquent for breaking a firearm law:
- The minor performs 200 hours of community service for a first offense and has their driver's license taken away for a period that does not exceed one year.
- The minor performs 200 to 600 hours of community service for a second offense and has their driver's license taken away for 90 days to two years.
If the child does not have a driver's license to revoke, he/she will not receive a license for the ordered period. If the child is not old enough to drive, the suspension will be imposed once he/she reaches driving age. If the child already has their license suspended, the court will order an additional suspension to run consecutively with the previous order.
The juvenile court will revoke the child's hunting license if he/she handles a gun contrary to Nevada's hunting laws. In this case, the judge could instruct that the minor not be issued with another license for at least two years or until he/she attains 18 years.
The Lasting Consequences Of Juvenile Gun Crime Adjudication
Juvenile gun cases can hurt the child's future for a long time, depending on the type of charge and outcome. Juvenile court cases often focus on rehabilitation rather than solely punishment. Unfortunately, the effects could last into adulthood, affecting most parts of adult life that might not have been considered when the case was handled in juvenile court. Understanding these repercussions is essential for parents and guardians dealing with the juvenile criminal system. Like adult conviction, certain juvenile adjudications could cause problems in the following areas:
Right to Possess a Gun as an Adult
Some adjudications could prevent a child from possessing a gun later in life unless extra steps are taken to restore that right. Sealing a juvenile gun case alone cannot restore that right.
Professional License
Some adjudications could affect a child's eligibility for professional licenses in law or healthcare.
Job Application
Juvenile records are always confidential, but prospective employers can access them for specific positions. An adverse juvenile criminal record, especially one involving guns, can make applicants ineligible for particular jobs.
Financial Aid
A child's past offenses can limit their potential or eligibility when applying for federal student aid.
School Admissions
Specific colleges inquire about juvenile records, affecting acceptance decisions.
Military Enlistment
A child might not qualify for military service or be denied special waivers because of their juvenile record.
Private Rentals
A landlord could check a child's background, discover their juvenile records, and exclude them from accommodation on safety concerns.
Public Housing
A juvenile gun offense could affect the child's chances of securing help by way of public housing.
The Vital Role Of Legal Representation In Juvenile Gun Crimes
It is essential for a child charged with gun crimes to have proper legal representation because of legal complexities and potential long-term repercussions. The profound impact that a criminal defense attorney could have on the life of a child charged with gun crimes includes:
Protection Of Rights And Interests
Children lack the maturity and experience to comprehend fully the implications of their actions. Therefore, protecting their rights in the juvenile justice system is important. An attorney specializing in juvenile cases acts as a guardian. He/she ensures that the child receives fair judgment and that his/her rights are protected throughout the legal process.
The attorney's responsibility goes beyond simply representing the child in the juvenile gun case. An attorney becomes a trusted advocate who protects the child's interests, protecting them from the possible pitfalls of an unforgiving justice system. Attorneys work diligently to ensure that all aspects of a case are analyzed thoroughly to develop the best defense for the child facing juvenile gun charges.
Navigating Complex Legal Procedures
The legal landscape can be daunting and complicated, particularly for a child because he/she does not understand the intricacies. Juvenile cases always involve a unique set of rules and procedures that differ from those in adult criminal court. A skilled attorney in juvenile law has the necessary expertise to guide the child through the intricate legal processes. The attorney will provide valuable guidance from the first arrest to court proceedings, plea negotiations, and sentencing. An attorney will explain the legal options available to the child, the parents, or guardians. The attorney will do this to ensure they understand each decision's repercussions.
Access To Personalized Support And Rehabilitation
Unlike adult criminals, children always have a more significant potential for rehabilitation and reform. By acknowledging this, the juvenile justice system puts substantial emphasis on the well-being and prospects of the child. An attorney specializing in juvenile cases is uniquely positioned to offer tailored support and advocate for rehabilitative measures. The attorney will work to reveal the hidden factors contributing to the child's involvement in criminal activities. He/she will work closely with the child, their family, and relevant experts to address these leading causes and recommend the right interventions or programs. This personalized approach concentrates on guiding the child toward positive change, offering them opportunities for growth and a chance to reintegrate successfully into the community.
Mitigation Of Long-Term Repercussions
A criminal conviction can have long-lasting consequences on a child's future, even if the sentence was in a juvenile court. The repercussions could be limitations on personal relationships, employment prospects, and educational opportunities. A child could gain access to effective strategies to mitigate the possible negative results of their case by engaging an attorney. An attorney will work to negotiate favorable plea deals and seek alternative adjudication where possible. The attorney will also pursue expungement of criminal records where possible. An experienced attorney will leverage their knowledge of the juvenile justice system to minimize the impact of a criminal charge on the child's life. The attorney plays a significant role in protecting the prospects of the child and assisting them in moving past their mistakes.
Sealing a Juvenile Gun Crime In Nevada
Having a juvenile record can be stressful. This record could linger into adulthood despite being tied to your childhood offenses. The record could have a negative impact on your housing, education, and employment prospects. Your juvenile gun crimes as a child should not define your future, but the truth is that these records could be a stumbling block in your life.
Fortunately, the law allows you to petition the court to have your juvenile records sealed.
People like landlords or employers will not be able to see your juvenile record once it is sealed. You could have significant relief if your juvenile record is sealed because you do not have to worry as much about your previous mistakes returning to haunt you. Most private parties and government agencies will no longer see your record once it is sealed. However, sealing does not eliminate your juvenile record. At some point, the police or the court could review your sealed record, especially if you commit a subsequent offense.
Find a Juvenile Criminal Attorney Near Me
Has your child violated Nevada's juvenile firearm statutes? Perhaps you are an adult facing charges for exposing a minor to firearms. Whatever the case, our reliable attorneys at The Law Offices Of Martin Hart can help. We will examine your case and develop the best possible defense strategy to help you fight your charges in Las Vegas. Contact us today at 702-380-4278 to speak to one of our attorneys.