Hager v. StateAnnotate this Case
In this case where Defendant was convicted of six counts of violating Nev. Rev. Stat. 202.360, which makes it a felony for certain categories of prohibited person to possess a firearm, the Supreme Court reversed the judgment of conviction as to counts one through three and reversed and remanded for a new trial as to counts four through six, holding that the State did not satisfy the status elements of the two groups of crimes Defendant was convicted of.
Counts one through three charged Defendant with violating section 202.360(2)(a) for possessing firearms as a person who has "been adjudicated as mentally ill" by a state or federal court. The remaining counts charged Defendant with illegally possessing firearms based on his status as a person who is "an unlawful user" of a controlled substance. The Supreme Court held (1) Defendant's assignment to and completion of a Nevada mental health court diversion program did not constitute an adjudication of mental illness that made his subsequent possession of a firearm a felony; and (2) the court erred in instructing the jury by theoretically allowing Defendant to be convicted of illegal possession of a firearm by an "unlawful user" of a controlled substance based on a single current use of the substance.