One may need to transport firearms within Omaha for a variety of reasons. People need to be able transport firearms from Point A to Point B, like from the gun store to their home, for example. People transport firearms to shooting ranges, competitions, hunting trips, and many other places. If you have been accused of unlawfully transporting a firearm in Omaha, you should retain the services of a diligent gun defense attorney.
How to Legally and Safely Transport a Firearm
The steps a person needs to take to legally and safely transport a firearm depends heavily on whether they are crossing state lines. An individual can transport a firearm in any manner if they have a concealed carry permit and are within the borders of Nebraska or are traveling to one of the constituent states that has reciprocity with the state’s concealed carry law.
It is illegal to conceal carry a long gun, so the best way to transport one is to remove it from its box or case and to have it openly displayed in the vehicle. If an individual is crossing multiple states, including those that have strict gun laws, they cannot be prosecuted for transporting a firearm that may be illegal in one state if they are moving between two states where it is legal, according to the Firearm Owners Protection Act.
If the firearm is in the trunk of the vehicle or a place that simulates a trunk and it is unloaded and separate from any ammunition, then it is perfectly legal to transport it in Omaha. However, if someone violates any of those statutes, they could be held criminally responsible.
When is the Transportation of a Firearm Considered Unlawful?
In Omaha, if an individual has a rifle in a box, in a case, under a seat, or in a bag, it could be considered concealed and would therefore be illegal to transport. The law does not provide for exceptions from manufacturer’s packaging, so even transporting a firearm in the box that it came in could technically be considered unlawful concealment.
If an individual has a concealed carry permit, they can use public transportation to move a concealed gun without being in violation of the law. In fact, Nebraska is an open carry state as well, so they could open carry any firearm on public transportation. However, while it may be technically legal, it might also cause some concern by other members of the public, so one should proceed with caution when transporting a firearm in public transportation.
If a person has ever been dishonorably discharged, deemed mentally defective, involuntary committed, or has renounced their citizenship, they would be prohibited from transporting a firearm. Additionally, if they currently have a domestic relations protection order against them in Nebraska, are a fugitive from justice, under indictment, or convicted of a misdemeanor charge of domestic violence, they would not be allowed to transport firearms.
What Are the Penalties for the Unlawful Transportation of a Firearm?
The penalties for the unlawful transportation of a firearm can range from a Class III misdemeanor if an individual is improperly carrying a concealed gun to a serious felony under state or federal law, which can include a prison sentence and a hefty fine.
Learn More about How the Courts Treat the Unlawful Transportation of Firearms in Omaha
Whether you were accused of unlawfully moving guns from one location to another or you would like more information on how to do so safely and legally, one of our attorneys can help. Get in touch with a lawyer from Berry Law Firm for more details on transporting firearms in Omaha.