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January 9, 2024Can the abuser's gun be taken away in an order for protection against stalking and harassment?
Unlike in an order for protection against domestic violence, the law does not specifically say that a judge can prohibit the abuser from having or using a gun as part of an order for protection against stalking and harassment.1 However, if the person is convicted of stalking in criminal court and you are his/her family or household member, the judge can order the abuser to permanently give up his/her firearms and prohibit him/her from possessing or owning firearms. This can be known as an “admonishment of rights.” If the abuser violates these terms, s/he can be guilty of a B felony and be subject to prison for between one and six years, a fine of up to $5,000, or both.2
1 See N.R.S. §§ 200.591; 33.031(1); 33.033(1)
2 N.R.S. § 200.575(7)-(9)
