There are many ways in which owning, possessing, or using a firearm could result in criminal charges. In some situations, carrying a gun is a crime in and of itself. In other cases, the presence of a firearm can enhance the potential penalties of a separate offense. Regardless of your situation, a diligent criminal defense attorney can provide insight into your case and help you fight your charges.
At Berry Law, our hardworking legal team can build a valid defense against your gun charges. Whether you are concerned about a potential arrest or are already facing prosecution, a Papillion gun lawyer can help you protect your rights.
Defining Firearms Under State Law
State law sets many restrictions, limitations, and rights related to gun ownership. In many cases, the specific type of firearm will determine what regulations apply. Nebraska Revised Statutes §28-1201 defines several kinds of guns and the rights and responsibilities associated with them.
According to the statute, a firearm is any weapon designed or able to expel a projectile by an action of an explosive, frame, or receiver of the gun in question. This term is broad, but the statute also defines the subclasses of firearms.
A handgun is any firearm with a barrel shorter than sixteen inches. It also refers to a weapon designed and capable of firing with one hand. Alternatively, a machine gun is a firearm of any size capable of firing more than one shot with a single trigger pull. This legal statute also differentiates between short and standard-length rifles and shotguns.
These definitions and distinctions are important when assessing the severity of your charges. There are far more restrictions on carrying automatic weapons than long barrel rifles. An experienced lawyer working in Papillion can advise you on how certain gun regulations could impact your case.
Common Gun Possession Charges in Lincoln
Depending on the circumstances, your firearm charges could be a misdemeanor or felony offense. While you should take any criminal charges seriously, the potential consequences of a felony conviction are far more severe than those of a misdemeanor.
A typical felony offense is the possession of a firearm while committing another criminal act. For example, if an individual carries a gun while committing assault, that is a separate criminal offense.
Firearm Charges Involving Minors
Some felony gun crimes are related to the illegal possession of a firearm near children. For example, it is a felony to carry a gun at a school or unlawfully transfer a gun to a minor.
Conversely, juveniles may also face criminal charges. The possession of a handgun by a minor is a misdemeanor. Whether you or your child is facing criminal charges related to firearm use or possession, you can benefit from the assistance of a determined defense attorney in your case.
Reach Out to a Papillion Gun Attorney Right Away
A firearm charge can be problematic for anyone. However, if you are a gun enthusiast, a conviction could negatively impact your gun rights forever.
If you are facing criminal allegations, you should not attempt to navigate the legal system alone. Call a Papillion gun lawyer today to discuss your case in a confidential consultation.
