Although the Second Amendment allows Americans the right to keep and bear arms, there are specific rules in place that limit what weapons you are allowed to own and how you can distribute them. Because of the potential harm that firearms can cause, criminal charges involving guns often carry severe sentences.
If you were accused of a criminal act involving a firearm, you should contact a Nebraska gun lawyer as soon as possible. A skilled defense lawyer from Berry Law could fight the allegations on your behalf.
Carrying a Concealed Weapon in Nebraska
In order to carry a concealed weapon lawfully in Nebraska, the holder must either have a valid permit or be engaged in employment that authorizes the use of weapons. According to the Concealed Handgun Permit Act, people who are permitted to carry guns are still prohibited from carrying their weapons into certain locations, which can include courtrooms, jails, schools, hospitals, and political rallies.
Per Nebraska Revised Statutes §28-1202, carrying a concealed firearm in Nebraska without permission to do so is considered a Class I misdemeanor. This offense is punishable by up to one year of incarceration and a fine of $1,000.
Residents of Nebraska who are accused of carrying a concealed weapon on more than one occasion will generally be charged with a Class IV felony. A conviction on this charge could result in a fine of $10,000 and up to two years of incarceration, with 12 months of supervision upon release.
Under some circumstances, a person who is indicted for a concealed carry violation might be able to justify his or her behavior by demonstrating that the situation required him or her to use a gun to protect himself or herself, his or her property, or his or her family. A seasoned Nebraska gun attorney can further discuss potential defenses available.
Transportation of Machine Guns
It is generally illegal in Nebraska to transport or possess a machine gun, short rifle, or shotgun, unless the possessor is a peace officer, a member of the armed forces who is acting within the scope of his or her duties, or another federally qualified person. Per Nebraska Revised Statute §28-1203, individuals who are arrested for unlawfully carrying such weapons may be charged with a Class IV felony. A conviction for this offense could result in a fine of $10,000 plus three years of jail time.
If a machine gun is found by a police officer during a traffic stop or lawful arrest, the accused might be able to demonstrate that the firearm belonged to a federally authorized person. An adept gun lawyer in Nebraska can further explore the circumstances surrounding an arrest to create a strong defense.
Minors in Possession of a Handgun
A person who is younger than 18 and found to be in possession of a handgun may be validly charged with a Class I misdemeanor. If convicted, the minor may be fined up to $1,000 and face one year in jail. However, if the weapon is allegedly used in a crime, the possession of the firearm could exacerbate a criminal felony. An experienced attorney can work to fight any charges a minor may be facing to protect his or her future.
Get Help from a Nebraska Gun Attorney
Although the prosecution must prove a criminal case beyond a reasonable doubt, it is also important to have a skilled attorney on your side who can advocate on your behalf. Call today to get the help you need from a Nebraska gun lawyer. Contact Berry Law for a confidential case evaluation.