There are many benefits to an Omaha gun lawyer but the greatest is that a well-versed attorney can help a person navigate the very complex city, state, and federal gun laws. With the help of a proactive gun lawyer, you may be able to work towards a positive outcome in your case.
Common Offenses in Omaha
The most common gun or firearm offenses in Omaha are violations of the city ordinances. For example, there is a registration ordinance and there are restrictions on gun purchases within the city limits that can be relatively easy to accidentally violate. However, in more serious cases, offenses may include possession of a firearm by prohibited persons and a firearm used in the course of a crime.
Many Omaha residents and visitors hunt in Douglas County, where the city ordinance does not apply to many hunting grounds. However, inside the city limits of Omaha, it is unlawful to discharge any firearm.
Concealed Carry Offenses
Omaha has a series of ordinances regarding registration. Under state law, a person who lives in Omaha would have to qualify for a Nebraska handgun purchase permit. However, they would generally be banned from actually registering a firearm as an owner in Omaha. One of the biggest issues is that a person who lawfully purchases a gun can lawfully carry it but cannot lawfully store it in their house solely because of the city ordinances.
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Potential Penalties for Gun Offenses
In Omaha, gun offenses are typically Class 3 misdemeanors, which have a penalty of three months in prison and/or a $500 fine. However, every violation of the city ordinances has potential implications on whether they would have an issue getting a concealed carry permit in the future.
With regard to the use of a firearm during a crime, a person may be charged with a Class 1 felony, which carries as much as 20 years of jail time. An attorney can help fight these penalties and protect a person’s rights.
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How Do Prosecutors Treat These Crimes?
Most prosecutors take gun offenses in Omaha very seriously. Omaha has traditionally taken a much stricter interpretation of firearm rights than other cities in Nebraska. An attorney can help explain how gun offenses are treated in Omaha and advocate for an owner’s rights.
Advantages of an Aggressive Lawyer
The greatest advantage of having an aggressive Omaha gun lawyer when facing firearm charges is that a person will have someone on his or her side who is familiar with the nuances of the firearms laws on state, federal, and local levels. The person will also have an ally who is willing to fight with the city on his or her behalf. Without a lawyer, it can be difficult for someone to successfully navigate the system.
There are additional benefits of working with a private law firm when facing gun charges. The main benefit is that firearms laws are complicated. Many people think that the Second Amendment is pretty straightforward but the reality is that there are no absolute rights under the Constitution. A firm has both the experience and resources to know how to protect a person’s rights.
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Benefits of Consulting an Omaha Attorney
A person unsure about gun laws in Omaha should consult with an attorney because gun laws can easily be violated accidentally. Many people who do not intend to break the law may accidentally violate a law because there are so many complex regulations. A diligent Omaha gun lawyer can fully explain the laws and how they apply to each individual. This can help a person avoid accidentally violating a law.
Advice for Purchasing a Gun
Advice an attorney would have for a person who is considering buying a gun is to train and know how to properly use a gun and to be aware of local, federal, and state laws regarding their rights and responsibilities. It may be beneficial for a person to consult an attorney before purchasing a gun to make sure they are following all relevant laws.
Understanding Omaha’s Laws
Omaha does not have reciprocity with other jurisdictions regarding concealed carry or other gun registrations. There are no other municipalities that require registration. Nebraska has reciprocity with many other states regarding the concealed carry of firearms. However, the City of Omaha has some of the most complex concealed carry laws. A qualified attorney can explain how the local ordinances apply as well as any other relevant laws.
Advice for Those Facing Gun Offenses
Three pieces of advice an attorney would have for a person involved in a gun law offense in Omaha is to first exercise their right to remain silent. Second, a person should hire an attorney who has experience with firearm and Second Amendment issues. There are defenses that may be available that a knowledgeable gun lawyer would be able to identify. Third, a person should understand that anytime a firearm is part of criminal activity, the prosecutors are going to take the allegations very seriously. Additionally, a firearm may be an aggravating factor that can lead to harsher penalties. Having an experienced Omaha gun lawyer can help them fight the allegations and protect their rights as gun owners.
Learn More About the Benefits of an Omaha Gun Lawyer
Omaha gun laws are complex, therefore, it is important to have an experienced ally who can fight any alleged violations of the law. A diligent attorney can advocate for your rights and guide you through the legal process to protect your freedom. To discuss the benefits of an Omaha gun lawyer, call Berry Law today for a confidential case evaluation.