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  • CCW & Drug Bust

    I was told that if someone has a concealed weapons permit and is arrested for drug possession while carrying their gun, it is an automatic felony and a more serious charge.

    I have been looking through Nevada law and cannot find anything to confirm this. Is this true or just a rumor?

  • #2
    Originally posted by Fëanor View Post
    I was told that if someone has a concealed weapons permit and is arrested for drug possession while carrying their gun, it is an automatic felony and a more serious charge.

    I have been looking through Nevada law and cannot find anything to confirm this. Is this true or just a rumor?
    Depends on the circumstances. If a person possesses/brandishes/discharges a firearm in furtherance of a drug trafficking charge they can be charged under federal law, 18USC924(c). Possession of the firearm carries a 5 year mandatory minimum, brandishing 7 year mandatory min, and discharge a 10 year minimum. Any injury resulting from a discharge will also carry additional penalties.

    Several states have additional penalties for committing certain drug crimes while possessing a firearm. I can't remember the exact statute, but Colorado is one of those states.

    Here is an idea. Don't illegally possess drugs and you won't have to worry about it.
    Last edited by SA13; 06-04-2007, 11:43 PM. Reason: Correct typo so that it now reads "discharge a 10 year minimum"

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    • #3
      Originally posted by Fëanor View Post
      I was told that if someone has a concealed weapons permit and is arrested for drug possession while carrying their gun, it is an automatic felony and a more serious charge.

      I have been looking through Nevada law and cannot find anything to confirm this. Is this true or just a rumor?
      It would depend on whether possession of the firearm was deemed to be "used" in the commission of the crime of possession. Personally, I don't think it would be much of a stretch to prove this in court.

      NRS 193.165 Additional penalty: Use of deadly weapon or tear gas in commission of crime; restriction on probation.

      1. Except as otherwise provided in NRS 193.169, any person who uses a firearm or other deadly weapon or a weapon containing or capable of emitting tear gas, whether or not its possession is permitted by NRS 202.375, in the commission of a crime shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2. This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3. The provisions of subsections 1 and 2 do not apply where the use of a firearm, other deadly weapon or tear gas is a necessary element of such crime.

      4. The court shall not grant probation to or suspend the sentence of any person who is convicted of using a firearm, other deadly weapon or tear gas in the commission of any of the following crimes:

      (a) Murder;

      (b) Kidnapping in the first degree;

      (c) Sexual assault; or

      (d) Robbery.

      5. As used in this section, “deadly weapon” means:

      (a) Any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death;

      (b) Any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death; or

      (c) A dangerous or deadly weapon specifically described in NRS 202.255, 202.265, 202.290, 202.320 or 202.350.

      (Added to NRS by 1973, 1593; A 1975, 720; 1979, 225; 1981, 2050; 1991, 1059; 1995, 1431)


      I don't see anything here that would automatically elevate a misdemeanor possession charge to a felony by the involvement of a firearm. At the same time, I don't think I'd be taking any chances, either. Mixing guns and drugs is not likely to buy you any points with the cops, prosecutors or courts.

      All that said, I think SA13 gave you excellent advice. If you don't have any illegal drugs on you or around you, it's highly unlikely that this will be an issue for you.
      Tim Dees, now writing as a plain old forum member, his superpowers lost to an encounter with gold kryptonite.

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      • #4
        That makes a lot more sense, that is more like what I would have expected. Thank you for the info you guys!

        Comment

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