Federal and state gun laws prohibit the use of firearms for certain purposes and regulate the proper sale or transfer of guns. A violation of these laws can result in criminal penalties and affect your ability to legally own a firearm.
An Omaha federal gun lawyer will fight to protect the rights of gun owners. An experienced attorney from Berry Law can explain the federal laws concerning gun ownership and put together a strong defense on your behalf.
Who Can Legally Own a Gun under Federal Law?
18 United States Code §922(g)(1) says that any person with a felony-level conviction on his or her criminal record cannot legally own or possess a firearm of any kind. This statute prohibits gun ownership for any person guilty of an offense that can result in imprisonment for more than one year.
Certain misdemeanor convictions can also limit a person’s ability to own a gun in Omaha. For example, 18 U.S.C. §922(g)(9) states that any person convicted of domestic violence is prohibited from owning a firearm due to the Lautenberg Amendment.
Lastly, people with drug addictions cannot own firearms under federal law. Drug addiction is characterized as the use of controlled substances, but it does not include tobacco or alcohol.
Can You Restore Your Federal Gun Rights in Omaha?
According to Nebraska Revised Statutes§ 83-1,130(2), individuals with prior felony convictions can have their firearm rights restored if they receive a pardon. However, the pardoned person may not regain his or her federal gun rights unless the Board of Pardons permits the governor to authorize it.
Limitations on the Sale and Possession of Firearms
There are several federal gun laws in place. These statutes seek to regulate the manufacturing, sale, and use of firearms across the country. The state government cannot exempt its constituents from following federal gun laws.
According to 18 U.S.C. §922(a)(1)(A), anyone who wishes to manufacture, import, or sell firearms must obtain a license to do so.
Possessing a firearm can also be an aggravating factor in other federal investigations. For example, 18 U.S.C. §924(c) mandates a minimum prison sentence for a defendant who possesses a firearm at the time of committing a crime of violence or drug trafficking. This penalty would be in addition to any other sanctions that a court imposes. The mandatory minimum sentences are:
- Five years for possessing a firearm
- Seven years for brandishing (displaying) the gun
- Ten years for discharging the weapon
Finally, there are certain locations where a person may not bring a firearm. 18 U.S.C. §930 makes bringing a firearm into a federal facility – which is as any building owned by the federal government – a misdemeanor offense punishable by up to one year in jail. Similar laws control the possession of guns in courthouses and schools. An Omaha federal firearm attorney will fight to defend anyone facing allegations of improper gun sale or use.
Let an Omaha Federal Gun Attorney Take the Lead
If you are facing charges in a United States District Court because of an alleged firearm crime, an Omaha federal gun lawyer can help. We will explain your rights under federal law and work to prove that your actions did not violate any government statutes.