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 you need to take to legally and safely transport a firearm depends heavily on whether they are crossing state lines. You can transport a firearm in any manner if you have a concealed carry permit and are within the borders of Nebraska or are traveling to one of the constituent states that have 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.
Transporting a Firearm Across State Lines
It is legal to transport a firearm across state lines, even if the states you are traveling through have stricter gun laws than Nebraska. According to the Firearm Owners Protection Act, you cannot be prosecuted for moving between two states where your firearm is legal, even if you have to travel through a state where it is illegal.
If the gun is unloaded, separate from any ammunition, and in the trunk of your vehicle (or a place that simulates a trunk), then it is perfectly legal to transport it in Omaha. However, if you violate any of these laws, you could be held criminally responsible.
If you intend to carry a firearm across state lines on a commercial train, such as Amtrak, you should note the rules of the specific company you are traveling with. You may need to complete certain forms or place the gun in your checked baggage.
When is the Transportation of a Firearm Considered Unlawful?
In Omaha, if have a long gun in 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 you have a concealed carry permit, you 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 you 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 you have ever been dishonorably discharged, deemed mentally defective, involuntary committed, or have renounced your citizenship, you are prohibited from transporting a firearm. Additionally, if you currently have a domestic relations protection order against you in Nebraska, are a fugitive from justice, under indictment, or have been convicted of a misdemeanor charge of domestic violence, are not 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 to a 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 for more details on transporting firearms in Omaha.