In Omaha, residents enjoy a wide range of gun rights outlined in the Second Amendment of the United States Constitution and the Nebraska Revised Statutes. However, the courts could inhibit your right to bear arms if you are convicted of a criminal offense.
If you are facing the potential loss of gun rights due to a criminal arrest and conviction, a dedicated gun attorney can help. With an Omaha firearms rights lawyer by your side, you can protect or restore your Second Amendment rights.
Firearm Laws in Omaha
Compared to other jurisdictions, there are relatively few restrictions on owning a firearm in Omaha. You can purchase or possess many weapons without a license, and many guns require minimum licensing requirements. However, your Second Amendment Rights could still be in jeopardy if you are facing criminal charges.
Concealed Carry Permits
While there are no permit requirements for most guns, state law does require a permit to carry a concealed handgun. These permits are “shall issue,” which means the state is required to issue a permit to anyone that meets the minimum requirements.
To qualify, you must be at least 21 years of age, a United States citizen, and have at least 180 days of state residency. You must also pass a firearm training course and a mandatory vision test to qualify.
Additionally, there are requirements related to criminal history. You must not have a conviction for unlawful use of a weapon, a controlled substances offense, or an offense related to firearms in the previous ten years.
Open Carry Laws
Unlike carrying a concealed weapon, there is no license necessary for open carry under state law. In most municipalities, you may open carry as long as you are over the age of 18 and not legally barred from owning a firearm. However, Omaha has additional licensing requirements, and you must have a permit to carry a firearm in the city.
Restrictions on Machine Guns
There are strict limitations on the sale or possession of certain weapons. Specifically, it is unlawful to possess or transport a machine gun. A machine gun is a firearm that automatically fires more than one shot by a single pull of the trigger. The only exceptions are for law enforcement, military, or those authorized by federal law. An Omaha attorney can help you understand the firearm laws in your area and how they affect your Second Amendment rights.
Restoring Gun Rights
Following a criminal conviction, the court can revoke your gun rights. A felony conviction will lead to the loss of the right to own a long gun or handgun. Fortunately, it is possible to restore these rights through a pardon by the governor.
This pardon must also come with express authorization from the Board of Pardons to restore your rights. A determined lawyer can help you pursue the restoration of your firearm rights.
Contact an Omaha Firearms Rights Attorney Today
The right to bear arms is essential to many Omaha residents. If you are a gun owner, you should speak with an attorney about the firearm laws in this area. The legal team at Berry Law can help you understand what is and is not permitted under the law.
If you were convicted of a felony, our attorneys can also help you restore your right to bear arms. Do not leave your rights to chance. Contact an Omaha firearms rights lawyer right away to schedule a confidential consultation.