According to Nebraska law, a knife, a dagger, brass knuckles, or firearms can all be considered dangerous weapons. State law defines a dangerous weapon as anything that an individual can use to commit or threaten violence.
Essentially, any tool or instrument that can be utilized to try to commit assault or harm somebody can be determined, under certain circumstances, to be a deadly weapon. If you are being charged with possession of prohibited dangerous weapons in Omaha, consider speaking with a skilled defense attorney from Berry Law to help clear your name.
Recent Changes in Knife Regulations
Omaha used to have legislation that any knife or blade of three and a half inches would be considered a deadly weapon per se. However, that has recently been changed. Today, a knife is only considered a weapon if an individual is intending to use it as a deadly weapon. Thus, the size restrictions for knives have changed; they now can only be considered deadly weapons if they are used to threaten or hurt someone.
If an individual is charged with a violent crime and there has been any tool used or if they are in possession of a firearm, they can anticipate additional charges as a result of possessing what law enforcement will consider a dangerous weapon. Additionally, a person who is charged with a drug crime while in possession of a firearm has an increased risk of being prosecuted severely.
What Does the Prosecution Have to Prove for a Possession of a Deadly Weapon Conviction?
For a person to be convicted of possession of a deadly weapon, the prosecution must prove that the weapon was within their reach or accessible to them. If an individual does not have a concealed carry permit and they have a gun locked in their glove box, they can be charged with possession of an unlawfully concealed firearm.
If an individual does not have a concealed carry license, they are better off having the firearm in a lockbox in their trunk than they are having an unloaded firearm stored in their glove box. The latter could make them a felon. The former, even though it is potentially more dangerous, is perfectly legal.
What Are the Penalties for Possession of a Prohibited Dangerous Weapon?
The penalties for possession of an illegal dangerous weapon in Omaha can vary from a misdemeanor to a felony, depending on the circumstances and the weapon. If it is a mere possession of a prohibited weapon charge and it is the person’s first offense, they may be charged with a Class 1 misdemeanor or a felony, depending on the circumstances.
Ask an Attorney about Possession of a Prohibited Dangerous Weapon in Omaha
Someone accused of possessing a prohibited weapon should work with an experienced attorney in Omaha because they could be facing serious life-changing consequences. These crimes are prosecuted very aggressively in local courts and could have a substantial impact on your civil rights, your ability to own firearms in the future, and your ability to vote. Get in touch with a lawyer from our firm to learn more about possession of prohibited dangerous weapons in Omaha and schedule a consultation.