Nevada § 202.257 - Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm

§ 202.257. Possession of firearm when under influence of alcohol, controlled substance or other intoxicating substance; administration of evidentiary test; penalty; forfeiture of firearm

1. It is unlawful for a person who: (a) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

or (b) Is under the influence of any controlled substance, or is under the combined influence

of intoxicating liquor and a controlled substance, or any person who inhales, ingests,

applies or otherwise uses any chemical, poison or organic solvent, or any compound

or combination of any of these, to a degree which renders him or her incapable of

safely exercising actual physical control of a firearm, to have in his or her actual physical possession any firearm. This prohibition does not apply to the actual physical possession of a firearm by

a person who was within the person's personal residence and had the firearm in his

or her possession solely for self-defense. 2. Any evidentiary test to determine whether a person has violated the provisions

of subsection 1 must be administered in the same manner as an evidentiary test that

is administered pursuant to NRS 484C.160 to 484C.250 , inclusive, except that submission to the evidentiary test is required of any person

who is requested by a police officer to submit to the test. If a person to be tested fails to submit to a required test as requested by a police

officer, the officer may apply for a warrant or court order directing that reasonable

force be used to the extent necessary to obtain the samples of blood from the person

to be tested, if the officer has reasonable cause to believe that the person to be

tested was in violation of this section. 3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor. 4. A firearm is subject to forfeiture pursuant to NRS 179.1156 to 179.1205 , inclusive, only if, during the violation of subsection 1, the firearm is brandished,

aimed or otherwise handled by the person in a manner which endangered others. 5. As used in this section, the phrase “ concentration of alcohol of 0.08 or more in his or her blood or breath ” means 0.08 gram or more of alcohol per 100 milliliters of the blood of a person

or per 210 liters of his or her breath.