Do you know how invoke your rights? The majority of people have not even taken the time to read the Constitution and the Bill of Rights.  It is a short read and we highly recommend you do, but if not please take some time to visit the great folks at www.FlexYourRights.org and watch some of their videos.

We recommend clicking the YouTube channel link below and watching some of their highly informative videos on your rights and how to invoke them.  The “10 Rules for Dealing with Police” video is only 38 minutes long and is a high quality production that takes you through different scenarios of dealing with law enforcement.  For your convenience see the link below.

https://www.youtube.com/watch?v=s4nQ_mFJV4I

The way you act or what statements you make can be the difference between a brief encounter with law enforcement or a full fledge investigation.

The way you act or what statements you make can be the difference between a brief encounter with law enforcement or a full fledge investigation.

If you have any questions always feel free to reach out to our firm at 702-750-9139.

This is for informative purpose only and does not create an attorney-client relationship.  Nevada law is constantly changing, seek legal counsel.  If you have questions about Nevada laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts.  If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

 

One of the main elements prosecutors have to prove in order to convict you of a DUI is that you were driving or had actual physical control of a vehicle.  See NRS 404C.110.  Recently, Nevada amended its DUI law with regards to actual physical control.  Assembly Bill 67 now provides a definition of when a person shall be deemed not to be in actual physical control of a vehicle.  Sec 9.5 of AB 67 amends Chapter 484C as follows:

Sec. 9.5. For the purposes of this chapter, a person shall be deemed not to be in actual physical control of a vehicle if:

1. The person is asleep inside the vehicle;

2. The person is not in the driver’s seat of the vehicle;

3. The engine of the vehicle is not running;

4. The vehicle is lawfully parked; and

5. Under the facts presented, it is evident that the person could not have driven the vehicle to the location while under the influence of intoxicating liquor, a controlled substance or a prohibited substance.

A common DUI stop that occurs is when the police pull up to a parked car with a subject asleep inside the vehicle.  Since this may not amount to actually driving a vehicle, it may amount to being in actual physical control of a vehicle depending on the totality of the facts.  Typically, law enforcement and the prosecutor look to see if you are behind the wheel, the engine or radio is on, if keys are in the ignition and the location of your vehicle.  What you admit is also critical.

It appears that the Nevada legislature is NOT saying all other circumstances amount to actual physical control of a vehicle, but actually saying that if the above facts are met, it does not amount to actual physical control.  Which may help your case greatly.

If you meet the above facts, this doesn’t mean a complete victory though, admissions to driving, witnesses to driving, police calls reporting you driving and any other facts may be used to prove you were in fact driving for the purposes of proving a DUI.

This is a good law though, many people may go somewhere and have too much to drink and decide to return to their car so they may sleep it off.  However, one has to be careful because he or she may be in actual physical control of their vehicle if they do so.  If one returns to their car to sleep it off he or she should ensure the above requirements are met.  It may be tempting to turn on the vehicle and turn on the AC, but this would amount to being in actual physical control and put you at risk of a DUI.

Section 9.2 is now effective.

This is for informative purpose only and does not create an attorney-client relationship.  Nevada law is constantly changing, seek legal counsel.  If you have questions about Nevada laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts.  If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

 

Nevada is one of the more gun friendly states in our country, however it does prohibit felons from owning or possessing a firearm regardless of the type of felony.  A person who receives a non-violent felony offense, such as a felony drug possession in any state or a federal court, is not legally allowed to own or possess a firearm.  See Nevada Revised Statute 202.360 on prohibited person from owning/possessing firearms, which include person besides felons.

Penalties

If you are a felon and convicted of being a felon in possession of a firearm you may be charged with a category B felony an imprisoned for a minimum term of 1 year and a maximum term of not more than 6 years and a possible fine of not more than $5000.

Restoration of Rights

If you are a felon and wish to restore your gun rights in Nevada the only way is to receive a pardon that restores one’s right to bear arms.  The Pardons Board of Nevada may only pardon Nevada felony convictions and not other state or federal felony convictions.  So if you are still a felon in another state then you will not be permitted to own a firearm.

One who is seeking a Pardon needs to specifically request their gun rights be restored as well.  Pardons are granted, however the majority is denied.  The Pardon Board looks to various factors to determine if they will grant the Pardon and certain time limitations must be met before one can seek a Pardon.  More information on Nevada Pardons may be found at

http://pardons.nv.gov.

This is for information purpose only and does not create and attorney-client relationship.  Nevada law is constantly changing so seek legal advice.

 

Beware Nevadans, Senate Bill 175 not only expanded gun rights, it added a new class of persons prohibited from owning a firearm under Nevada law.  See NRS 202.260.  Section 3 of SB 175 prohibits a person who has been convicted of a misdemeanor domestic violence as defined in 18 U.S.C. § 921(a)(33) from possessing or having custody or control of a firearm.

What many people fail to realize is that a misdemeanor offense in Nevada does not carry the right of a trial by a jury of your peers.  Nevada employs bench trials for misdemeanor domestic violence offenses.  This means one person, a judge, not a jury of your peers, determines if you lose your Second Amendment Right.

The new amended NRS 202.360 reads as follows:

Sec. 3. NRS 202.360 is hereby amended to read as follows:

202.360 1. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

(a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33);

(b) Has been convicted of a felony in 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 of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;

[(b)] (c) Is a fugitive from justice; or

[(c)] (d) Is an unlawful user of, or addicted to, any controlled substance.

A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

2. A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

(a) Has been adjudicated as mentally ill or has been committed to any mental health facility; or

(b) Is illegally or unlawfully in the United States.
A person who violates the provisions of this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

3. As used in this section:

(a) “Controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).

(b) “Firearm” includes any firearm that is loaded or unloaded and operable or inoperable.

This bill has passed and is effective now.

So why no jury, well the Supreme Court of Nevada considers a misdemeanor offense a petty offense and therefore no right to a jury trial attaches, even though one loses his or her Second Amendment Right.  For more information on the reasoning behind this see State v. Smith, 672 P.2d 631 (Nev. 1983).

Whether you agree or not with the new amendment, the reality is that if you have a misdemeanor conviction of a domestic violence you are prohibited from having a firearm in Nevada.  It also is a felony offense to be in possession, custody or control of a firearm.

One should be aware of this because one may now be in violation of NRS 202.360 or if one is faced with a misdemeanor domestic violence charge he or she may want to fight it if one values their Second Amendment Right.

 

Everyone’s favorite time year is back. The Fourth of July will ring in the nation’s 239th birthday. Whether you are kicking back by the pool, barbequing, or staying home to engage in your own show with family, you might be wondering what the laws are regarding fireworks in Nevada. We composed a list here with some frequently asked questions around this time of year to keep you all safe and sane for the celebration.

Are Fireworks legal in Clark County? In Clark County, the only fireworks permitted are those labeled “safe and sane” and those are only permitted from June 28 through July 4. “Safe-N-Sane” fireworks do not rocket, explode or leave the ground once they are ignited and once July 4th is over, you may no longer possess or use them.

What about fireworks other than safe and sane fireworks? Fireworks that are always illegal in Clark County, even during July 4th, include roman candles, bottle rockets, black cats, black jacks, lady fingers, mortar shells, M-80s, chasers, cigarette loads. If a person is found to possess of any of the “good stuff” you could face harsh fines and up to a misdemeanor.

Can I bring fireworks from somewhere other the Clark County? In recent years, law enforcement has been targeting those people bringing illegal fireworks back from popular places like Pahrump or Moapa Indian reservation. Law enforcement has been known to set up DUI style checkpoints on the highways leading back to Clark County. Law enforcement then stops and attempts to look inside each vehicle to determine if illegal fireworks are present. If illegal fireworks are found in your possession, you will have all the products confiscated, face fines and in rare cases jail time.

I heard you can buy non Safe-N-Sane firework in Nye County. This is true. In Nye County you are legally allowed to purchase roman candle, shells, firecrackers and other non safe and sane fireworks. Nye county has a number of stores which sell to those coming from outside. However, possession of those fireworks in Ney County is actually illegal. In many, cases the stores require customers to sign waivers promising that they will leave the county with the purchased fireworks within 24 hours.

What about Moapa Indian Reservation at the Valley of Fire? Indian reservations are not required to follow most federal and state laws, so you can legally purchase the non safe and sane fireworks that are illegal in nearby Clark County. Moapa also has a launch pad adjacent to the firework stores for customers to launch their fireworks, safely, away from any buildings. Once again, it is still illegal to bring any of the non safe and sane fireworks back from Moapa to launch in Clark County.

What are the penalties for illegal fireworks in Clark County? It is a misdemeanor to buy, possess or transport fireworks in Clark County (with the exception of Safe-and-Sane fireworks in the week leading up to Fourth of July). The prosecutor will usually agree to close out the case for a fine of a few hundred dollars, but the maximum possible penalties include:

1 up to $1,000 in fines, and/or

2 up to six months in jail. (Clark County Code 13.12.310)

It is also a misdemeanor to ignite fireworks within one hundred (100) feet of a fireworks booth, gas station or anywhere else with flammable materials. (Clark County Code 13.12.100).

Connor & Connor PLLC wishes everyone a happy a safe 4th of July.

The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation. You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.