Pohlabel v. State

Michael Pohlabel pleaded guilty to being a felon in possession of a firearm in violation of Nev. Rev. Stat. 202.360. In doing so, he reserved the right to argue on appeal, as he did unsuccessfully in the district court, that his conviction violated the right to keep and bear arms secured by the state and federal constitutions. At issue on appeal was whether Pohlabel, despite his felon status, had a constitutional right to possess a black powder rifle. The Supreme Court affirmed, holding (1) section 202.360(1)(a) does not violate either the state or federal constitutions; (2) while federal law currently permits felons to possess black powder rifles, that does not mandate that Nevada follow suit; and (3) the Legislature used the word "citizen" in Nev. Const. art. I, 11(1) to refer to those persons who are members of the political community, and thus, unpardoned felons are not included among those to whom the Nevada Constitution guarantees the right to keep and bear arms.