Laws, Penalties, and Defenses
Understanding Nebraska’s gun laws is difficult. Handgun laws in Nebraska are a combination of state, local, and federal laws. As a result, Nebraska gun laws are a jumble of prohibitions, exclusions, and exceptions.
Everyone must read up on gun laws in Nebraska if they want to legally own a gun. Otherwise, you could face serious charges. You need a representation from a tough, aggressive, and experienced person Gun Possession Attorney in Nebraska if you face gun charges in Nebraska.
Nebraska Firearms Laws
The right to own a firearm in Nebraska is governed by state and federal constitutions. Article I, Section I of the Nebraska Constitution sets out the rights everyone has when living in the state. In addition, Article I Section I states that everyone has the right to keep and carry weapons.
Article I, Section I of the Nebraska State Constitution is much more specific than the second amendment to the US Constitution. The authors of Article I Section I chose certain words to indicate why the right to bear arms is a right that the state must protect. However, the law is not absolute.
Gun laws in Nebraska severely restrict the right to carry guns. State restrictions offset the need to protect public safety while upholding the right to bear arms. As a result, Nebraska’s gun laws restrict who can legally own a gun, how a person can carry a gun, and where people can take their guns with them.
Who can own a gun in Nebraska?
Nebraska law is pretty simple about who can and can’t own a gun in the state. Any person over the age of 18 can own a firearm, provided that person is not disqualified. However, when it comes to gun laws, Nebraska has several critical components that make the law confusing.
What is a gun
The Gun laws in Nebraska Define a pistol as a firearm with a barrel that is shorter than 16 inches or as a firearm with a design that allows the user to shoot with one hand. Handguns are subject to the strictest gun laws in Nebraska because handguns are small and easy to hide. Gun laws in Nebraska treat shotguns and rifles differently than handguns.
Open carry vs. concealed carry
Anyone with the legal ability to own a pistol can carry it “openly” without permission, unless you are in a city that restricts open carrying. Omaha local government ordinances technically allow the porter to open when you complete a class. However, the only provider authorized to conduct the class no longer offers to create a trap. You cannot complete the class and there is no legal way to open carry in Omaha.
Open wearing means that part of the pistol remains visible and uncovered. Concealed carrying means that the weapon is completely hidden. A person wishing to legally carry a concealed firearm may only do so if he or she has a concealed carry permit. A person can carry a pistol in a car without permission, provided the person meets the open carry standard. Otherwise, the person must have a concealed carry permit.
Illegally carrying a hidden firearm is a Class I offense under Nebraska Gun Acts. A Class I offense has a possible one year jail sentence and a fine of no more than $ 1,000. However, a subsequent crime has the potential to face a Class IV crime.
Some cities in Nebraska, such as Omaha, have local ordinances that require anyone who owns a gun in the city to have a covert permit, even if state law does not.
Obtaining a concealed carry permit
Anyone wishing to obtain a concealed carry permit must meet the legal requirements. To obtain a concealed carry permit under Nebraska Gun Lawsthe individual must apply to the Nebraska State Patrol and:
- Be at least 21 years old;
- Have a valid Nebraska driver’s license, valid Nebraska state ID, or valid military ID;
- Have permanent residence in Nebraska for at least 180 days;
- Stay eligible to own or buy a pistol at Federal law;;
- Have no crime conviction in Nebraska or any other jurisdiction;
- Pass an eye test.
- Take a firearms safety course.
- No conviction for an offense that includes an act of violence in the past 10 years;
- Have not made a diagnosis of mental illness in the past ten years;
- Have no previous conviction for weapon or drug abuse within 10 years of applying for the concealed carry permit; and
- May not be on parole, released for work, or parole for a crime.
The permits remain valid for five years. In addition, a person carrying a hidden pistol must notify a police officer or ambulance service that they have a hidden pistol. At this point, the person must present a valid concealed carry permit and government ID. Failure to disclose is a criminal offense and may result in the revocation of your hidden wearing permit.
Permission to purchase a firearm under the Nebraska Gun Act
In addition, anyone wishing to buy, receive, or transfer a pistol must have the appropriate permit. The requirements to obtain a license to purchase a firearm under the Gun laws in Nebraska are similar to those used to obtain a concealed carry permit. Buying a gun without a permit is against both the Nebraska Guns Act and the federal Guns Act.
Penalties under the Nebraska Gun Act
Possession of a deadly weapon by a disabled person is a crime in Nebraska. A person arrested as a Prohibited Person for possession of a firearm will face a class ID crime on the first offense. The offense becomes a Class IB crime for every second or subsequent offense.
Possession of crime in Nebraska comes with harsh sentences. A Crime with class ID carries a mandatory minimum sentence of three years and a maximum sentence of 50 years. A class IB crime carries a mandatory minimum sentence of 20 years and a maximum sentence for life in prison.
Defense against charges under the Nebraska Gun Laws
Defense against charges brought under gun laws in Nebraska will vary by case. When the state accuses a person of a property crime, such as carrying a hidden pistol without permission, the legality of the police conduct needs to be scrutinized.
A case could not be brought to justice if the police violated your constitutional rights by confiscating a weapon from you. Therefore, filing a suppression request can result in the case being dismissed if the police violated your right to be free from inappropriate searches and seizures.
It is always the burden of the state to find you unequivocally guilty. Just driving in a car or being in a house where the police are confiscating a gun doesn’t mean you are automatically guilty. The state must produce evidence to link you to the gun. Successful trial defenses therefore often include the argument that you were “only present” when the police found the weapon. This means you didn’t know the gun was there and you had no intention of doing anything with it.
Sometimes charges are hard to beat because the evidence is solid. In these circumstances, your best option may be to get a bargain with a reduced fee. Advocating a lower fee can shorten your jail time or help you avoid jail altogether.
Call Tom Petersen for help fighting Nebraska Gun Law charges
Nebraska veteran criminal defense attorney Tom Petersen recommends that you do not speak to the police if they arrest you for a crime. Instead, call an experienced Nebraska criminal defense attorney who has a reputation for delivering positive results for his clients, as Tom has for many of his clients.
Call Tom Petersen and his staff at Petersen Criminal Defense Law today at 402-509-8070 for a confidential case assessment.
Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD reviews thousands of lawyers and only selects those who have had excellent results in DUI defense cases. Attorney Petersen was named one of the Top 50 Nebraska Defense Lawyers by more than 5,000.
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