NRS § 205.226 – Grand Larceny of a Firearm – Nevada Law

Nevada NRS § 205.226 makes it a category B felony to commit grand larceny of (that is, to steal) a firearm. Theft of a gun is illegal even if the weapon is temporarily inoperable, of little value, or has already been stolen by somebody else.

Penalties

• Prison:  1 to 10 years;
• Fines:  Up to $10,000; and
• Restitution:  Paid to the victim. 

Defenses

• Ownership:  The gun belonged to you.
• Police misconduct:  For example, the police found the gun through an unlawful search.
• No intent to steal:  You genuinely believed you owned the gun or were permitted to take it.

Reporting a Stolen Gun

• Police report:  Contact local law enforcement right away.
• Identifying information:  Supply the make, model, serial number, and any other information you have.

In this article, our Las Vegas criminal defense attorneys address the following key issues regarding grand larceny of a firearm in Nevada:

• 1. Elements
• 2. Sentencing
• 3. Best Defenses
• 4. Effect on Gun Rights
• 5. Immigration Consequences
• 6. Record Seals
• 7. Reporting a Stolen Gun
• Related Theft Crimes
• Frequently Asked Questions

1. Elements

For you to be convicted of violating NRS 205.226, Nevada prosecutors have the burden to prove beyond a reasonable doubt the following three elements: 

1. You stole, took, and carried away a firearm,
2. The firearm was owned by another person, and
3. You acted intentionally.

This law applies to all types of guns, such as

• shotguns,
• rifles,
• semi-automatic guns,
• automatic guns, and
• handguns.

The firearm’s monetary value does not matter. A prosecutor may also argue that an unloaded or temporarily inoperable gun remains a firearm, although whether a severely damaged, incomplete, or replica weapon qualifies can depend on its design and condition.

Prosecutors may file separate counts for each firearm taken. From what we have seen, whether separate charges attach to every gun taken during a single incident may depend on the situation and the court’s determination of the proper unit of prosecution.¹

2. Sentencing

Grand larceny of a firearm is a category B felony in Nevada. It carries a sentence of:

• A minimum term of one year to a maximum term of ten years in Nevada State Prison, and
• Up to $10,000 in fines, and
• Restitution payments to the victim.²

It does not matter if the value of the property is low. Stealing an inexpensive revolver is a felony. There is no misdemeanor “petit larceny of a gun” crime.

In our experience, it may be possible to get probation in lieu of some or all of the prison sentence.

3. Best Defenses

Here at Las Vegas Defense Group – Criminal & DUI Attorneys, we have represented countless people charged with gun-related offenses. In our experience, the standard defenses to grand theft firearm charges are the same as for any larceny offense. They turn on the gun’s rightful owner, your state of mind, or the lawfulness of the police’s conduct:

1. You owned the firearm or had authority to take it. NRS 205.226 applies only when the firearm was owned by another person and the taking was intentional. Proof that you owned the firearm, had the owner’s permission to take it, or honestly believed you had that authority may defeat the charge.
2. The police committed misconduct. Law enforcement is obligated to conduct searches and seizures within the bounds of the U.S. Constitution’s warrant requirements. If the police may have overstepped their bounds and performed an illegal search, then we can ask the judge to throw out any evidence found from that illegal search. Then, if the judge grants our motion to suppress evidence, the District Attorney may be left with too little evidence to win a guilty verdict.
3. You had no intention of stealing. NRS 205.226 prohibits only deliberate taking. If you took someone else’s gun by accident, meant to borrow it temporarily, or honestly believed the gun belonged to you, then we may be able to persuade the prosecutor to reduce or dismiss the charge.

Example: Kevin brings his guns to an outdoor shooting competition near Lake Mead. Kevin begins feeling symptoms of sunstroke as the temperature reaches 110 degrees, so he decides to pack up his belongings and go home. Disoriented, he unknowingly takes a fellow competitor’s gun case. 

Kevin’s defense attorney would probably explain the situation to the prosecutors and produce the names of several witnesses that can attest to Kevin’s compromised state of mind at Lake Mead due to the heat. The prosecutors may then realize that they do not have sufficient evidence to prove beyond a reasonable doubt that Kevin meant to steal the gun.

Typical evidence we rely on in these cases includes surveillance video, eyewitness accounts, recorded communications, and gun purchase records.

4. Effect on Gun Rights

A conviction under NRS 205.226 is a felony and generally prohibits the person from possessing firearms under both Nevada and federal law. Sealing the conviction does not restore firearm rights. A restoration generally requires a Nevada pardon that expressly restores the right to bear arms.³

Note that if you are a convicted felon caught with a gun, you face charges for unlawful gun possession / ex-felon in possession of a firearm (NRS 202.360). This is a felony, carrying up to six years in prison and a possible $5,000 fine.⁴

5. Immigration Consequences

A conviction for grand larceny of a firearm can have serious immigration consequences, including deportation. Depending on the record of conviction and sentence imposed, it may be treated as a crime involving moral turpitude or as an aggravated felony theft offense.

Noncitizens should obtain advice from an attorney familiar with both criminal and immigration law before entering a plea.⁵

6. Record Seals

Nevada convictions for stealing a firearm are sealable five years after the case is closed. A case is closed when you are released from actual custody or discharged from parole or probation, whichever occurs later.

However, if the court dismisses the case, then you can petition right away for a record seal.⁶ Learn how to seal criminal records in Nevada.

7. Reporting a Stolen Gun

If your firearm is stolen, report it promptly to the law enforcement agency where the theft occurred.

For a theft within the Las Vegas Metropolitan Police Department’s jurisdiction, you may be able to file online or by calling LVMPD’s non-emergency number at 702-828-3111. Otherwise, you can file in person. Call 911 if the theft is in progress or presents an immediate danger.

Before filing the report, gather as much of the following information as possible:

• The firearm’s make, model, caliber, and serial number;
• Its color, finish, barrel length, and other identifying features;
• The approximate value of the firearm;
• When and where you last saw it;
• When and where you discovered it missing;
• Purchase receipts, photographs, or other ownership records;
• Information about possible suspects or witnesses; and
• Photos, video, or evidence of a burglary or forced entry.

The serial number is especially important because it allows law enforcement to identify the firearm as stolen if officers later recover it. If you do not have the serial number, contact the dealer that sold you the gun.

The ATF does not maintain a national firearm-registration database or accept stolen-firearm reports directly from private gun owners. However, law enforcement may ask the ATF’s National Tracing Center to search available dealer records as part of an investigation.

Keep the police event or report number and a copy of the completed report. If you later find additional information—such as the serial number—or recover the firearm, notify the investigating agency rather than simply handling or reclaiming it yourself.

In our experience, reporting a stolen gun promptly can be important even when the owner has limited information. The report creates a dated record showing when the owner discovered the theft and may prevent confusion if the firearm is later recovered during a criminal investigation.

Related Theft Crimes

• Petit larceny (NRS 205.240) – Stealing less than $1,200 in money, goods, or services.
• Grand larceny (NRS 205.220) – Stealing $1,200 or more in money, goods, or services.
• Larceny from the person (NRS 205.270) – Taking property from someone’s person in circumstances not amounting to robbery. In short, pick-pocketing.
• Possession of stolen property (NRS 205.275) – Possessing property you know is stolen.
• Grand larceny of a motor vehicle (NRS 205.228) – Stealing a car.
• Possession of a stolen vehicle (NRS 205.273) – Possessing a car you know is stolen.
• Embezzlement (NRS 205.300) – Stealing property you were entrusted with.
• Robbery (NRS 200.380) – Taking property from another in their presence by force or threats.
• Burglary (NRS 205.060) – Entering a building or vehicle with the intent to commit larceny, assault, battery, or any felony once inside.

Frequently Asked Questions

Is stealing any firearm a felony in Nevada?

Yes. Under NRS 205.226, intentionally stealing, taking, and carrying away another person’s firearm is a category B felony. The prosecution does not have to prove that the gun was worth at least $1,200 (the minimum in non-firearm grand larceny cases).

Clients are often surprised that stealing an inexpensive gun carries the same sentencing range as stealing a valuable one. The firearm itself—not its price—is what triggers this special felony statute.

What are the penalties for stealing a firearm in Nevada?

Grand larceny of a firearm carries one to 10 years in Nevada State Prison, a fine of up to $10,000, and mandatory restitution to the firearm’s owner. Restitution may include the value of the gun if it was not recovered or was returned damaged.

We find that prosecutors take stolen firearm cases particularly seriously because the weapon could be used in another crime.

Can I be convicted if I took the wrong gun by mistake?

NRS 205.226 requires an intentional theft. Accidentally taking someone else’s gun case, honestly believing the firearm belonged to you, or reasonably believing that you had the owner’s permission may prevent the state from proving the required criminal intent.

In our experience, texts, receipts, photographs, witness statements, and records showing where the firearms were stored can be crucial. A person’s unsupported explanation may carry less weight than evidence documenting an honest mistake or ownership dispute.

Does the firearm have to work for NRS 205.226 to apply?

The firearm’s monetary value does not determine whether the offense is a felony. An unloaded or temporarily inoperable gun may still qualify as a firearm, although a severely damaged, incomplete, or replica weapon may present a factual and legal dispute.

We have seen how a weapon’s actual condition is sometimes different from how it was described in the police report. Photographs, inspection records, and examination by a firearms expert may help establish what the item was and whether it could properly be classified as a firearm.

Will I face a separate charge for every stolen firearm?

Prosecutors may file multiple counts when several firearms are taken. However, NRS 205.226 does not expressly state that every firearm taken during a single incident constitutes a separately punishable offense. The proper number of convictions may depend on whether the evidence shows one taking or multiple distinct criminal acts.

In our experience, the number of charges can substantially affect plea negotiations and sentencing exposure. We would challenge duplicative counts when several guns were allegedly taken at the same time and place.

What should I do if my firearm is stolen in Las Vegas?

Report the theft promptly to the law enforcement agency with jurisdiction over the location where it occurred. Provide the firearm’s make, model, caliber, serial number, physical description, purchase records, and any information about possible suspects or witnesses. Call 911 if the crime is in progress; otherwise, LVMPD’s non-emergency number is 702-828-3111.

We tell firearm owners to keep the police report number and provide any missing serial number as soon as they find it. Prompt reporting creates a record of when the theft was discovered and helps officers identify the gun as stolen if it is later recovered.

Will a conviction for stealing a firearm take away my gun rights?

Yes. Because grand larceny of a firearm is a felony, a conviction generally prohibits the person from possessing firearms under Nevada and federal law. Sealing the conviction does not by itself restore firearm rights. For a Nevada conviction, restoration generally requires a pardon that expressly restores the right to bear arms.

Can a Nevada conviction for stealing a firearm be sealed?

Generally, yes. You may usually petition to seal a category B felony conviction five years after release from actual custody or discharge from parole or probation, whichever occurs later. If the charge is dismissed, you may petition to seal the record without that five-year conviction waiting period.

In our experience, determining the correct eligibility date is one of the most common problems in record sealing cases. Before filing, we verify the final disposition and the dates on which custody, parole, and probation ended.

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