It is not always easy to understand how Nebraska gun laws interact with federal firearm regulations. The penalties for violating federal firearm laws can be very severe, and cases are handled by experienced federal prosecutors.
If you are facing charges involving a violation of a federal gun law or you are seeking clarification about the relevant statutes, it is a good idea to talk to a knowledgeable attorney from Berry Law. Working with a Nebraska federal gun lawyer who understands the nuances of government firearm regulations can prove highly beneficial.
Federal Definition of a Firearm
Many jurisdictions use different definitions for classifying firearms. Under 18 United States Code §921, the federal government defines a firearm as:
- Any weapon that can expel a projectile using an explosive.
- Any weapon that is designed to expel a projectile using an explosive.
- Any weapon that can be readily converted to expel a projectile using an explosive.
- The frame or receiver of a weapon that can expel a projectile through an explosive.
- A firearm muffler or silencer.
- Any destructive devices including explosives and incendiary machines.
- Any type of weapon which can expel a projectile and that has a barrel with a bore greater than half an inch in diameter.
The law provides exceptions for antique firearms and shotguns recognized as “particularly suitable for sporting purposes.” However, whether a device is treated as a firearm and, if so, whether it is an NFA weapon subject to the restrictions of the National Firearms Act of 1934 largely depend on the specifics of the device.
What Constitutes Illegal Gun Sales?
Federal gun laws require licenses for the sale of firearms and impose significant restrictions on the transportation of weapons across state lines. Even when a sale is conducted by a licensed dealer, he or she may be prosecuted for selling a firearm to an individual who is too young, a resident of another state, or someone who is prohibited by law from owning a gun.
Carrying a Firearm
Individuals are prohibited from carrying a firearm in certain locations, such as school zones and government buildings. Additionally, if an individual is found to have a firearm in his or her possession at the time of committing a separate crime, this can violate federal law and increase the penalties for the underlying offense.
Federal law also prohibits certain individuals from possessing firearms or ammunition. Those not permitted to possess firearms include individuals convicted of a felony or any domestic violence offense, undocumented immigrants, fugitives from justice, individuals committed to mental institutions or judged to be mentally defective, dishonorably discharged former members of the U.S. armed forces, and illegal drug users.
Contact a Nebraska Federal Gun Attorney Today
In many cases, the circumstances surrounding an alleged violation of federal gun laws make a tremendous difference in the legality of the situation. A Nebraska federal gun lawyer from Berry Law can help you demonstrate that possession, transportation, sale, or any other action involving a firearm fit within the exceptions provided under the law.
However, it is wise to begin working on a defense strategy as quickly as possible while evidence is most readily available. To learn more about how a gun attorney can help protect your rights and reach a positive outcome in your case, call Berry Law today to schedule a confidential consultation.