In Nebraska, there is no state database containing information about gun owners and adults can purchase most firearms while undergoing only a cursory background check, the only exception to this is for people who wish to carry a concealed handgun in public. Although this may seem lenient, the punishments associated with gun charges are severe.
The improper use of firearms in Nebraska is a serious offense. Simply carrying an unlicensed handgun or bringing any firearm into a prohibited location is a misdemeanor. A defendant allegedly using a firearm to help commit a separate felony, on the other hand, can result in a far more severe charge.
Whether someone is accused of improperly possessing a firearm or is facing charges involving the illegal use of a gun, an Omaha gun lawyer may be able to help. A dedicated criminal defense lawyer could protect your constitutional right to bear arms and help you fight back against allegations of improper gun use.
Gun Laws in Omaha
The State of Nebraska makes no limitations on people purchasing most types of firearms. Most people can walk into a sporting goods store or gun show and buy a rifle or shotgun with a minimal background check. Handguns are an exception to this, however, because law enforcement agencies must provide a license to purchase a handgun as long as the applicant meets the requirements.
A similar licensing requirement is in place for people who wish to carry concealed. According to Nebraska laws, people convicted of a felony, a violent misdemeanor, or a drug conviction can never legally carry a concealed firearm. Under Nebraska Revised Statutes §28-1202, doing so anyway is a class I misdemeanor that can result in a jail sentence.
The Use of a Firearm to Commit a Crime
While Nebraska allows most citizens to legally own a firearm with few restrictions, it is always important to use guns in a safe and legal manner. One major way that a person may violate this requirement is by being in possession of a firearm during the commission of another crime.
For example, threatening bodily harm on another person is defined as simple assault, which is a misdemeanor. However, threatening another with harm by using a gun turns this misdemeanor charge into a felony.
Not only would the defendant be facing a felony level assault charge, but Nebraska Revised Statutes §28-1205 states that this action in and of itself is a class I-C felony. This means that a conviction carries a mandatory minimum sentence of five years in prison in addition to any sentence handed down for the assault.
Even if a defendant does not actually use the firearm to help commit the crime, there are still enhanced penalties available under Nebraska law. Moreover, simply possessing a firearm while committing a felony is another felony-level offense.
An Omaha Gun Attorney Could Fight for Constitutional Rights
The right of all citizens to bear arms is enshrined in the United States Constitution, and Nebraska state laws mirror this concept. However, diligent compliance with local gun laws are important in avoiding possible legal trouble. Therefore, it is important to have a full understanding of the local gun laws in your state
Simply possessing an illegal firearm or any handgun not registered with the state is a criminal offense that can result in a jail term and a fine. More serious are allegations that a person used a firearm to commit another offense, as a conviction here could result in a mandatory minimum prison sentence.
An Omaha gun lawyer from Berry Law Firm could protect your right to own firearms. Our trial attorneys could also work to defend you in criminal court against allegations of illegal gun use. Call today to schedule an initial meeting and start fighting for your freedom with our battle-hardened legal team.