If you’ve been charged with a gun crime in Omaha, it’s important to understand the severity of the charge and the potential penalties. Penalties for violating gun laws in Nebraska are some of the strictest in the country, and a conviction can result in serious jail time.
Felony gun charges in Nebraska are the most serious and can result in lengthy prison sentences. Felony gun charges attorney Greg Nelson, a former prosecutor, has decades of experience as a gun arrest lawyer successfully defending the rights of his clients, including many who’ve been charged with felony gun crimes.
Gun crime misdemeanors in Nebraska can include unlawful possession of a firearm, carrying a concealed weapon without a permit, and other firearms offenses. Misdemeanor gun charges can carry stiff penalties, including jail time and fines. It’s important to have an experienced criminal defense lawyer on your side who can protect your rights and help you negotiate a favorable plea deal or take your case to trial.
Nebraska is fairly lenient as far as gun rights are concerned when compared to other states that have much more restrictive policies, but if you’ve been convicted of a felony, there are certain limitations that, if violated, can result in felony gun charges and carry severe penalties.
Criminal defense attorney Greg Nelson specializes in defending citizens of Omaha, Douglas County and other nearby counties, accused of felony gun violations and charges. Contact him today for a free consultation.
Felony Gun Charges and Crimes in Omaha Nebraska
Adults in Omaha can buy most firearms with a cursory background check; the only exception to this rule is for those who want to carry a concealed handgun in public. Nonetheless, the misuse of firearms can have severe consequences ranging from minor fines to serious jail time. A misdemeanor may result from merely carrying an unlicensed pistol or transporting a gun into a restricted area. On the other hand, a defendant accused of using a handgun to aid in the commission of another crime may face a much more serious accusation.
An Omaha gun lawyer is critically necessary if you are being charged with illegal use of a gun or with inappropriate possession of a handgun. An experienced criminal defense lawyer can defend your right to keep and bear arms and assist you in rebutting accusations of improper gun use.
Gun laws in Omaha Nebraska
According to the gun laws in Nebraska, a few restrictions apply to residents purchasing the majority of firearm types in Nebraska. Most folks can easily buy a rifle or shotgun by walking into a sporting goods store or gun show. Handguns are an exception because for local law enforcement to issue you a handgun license, you must fulfill several standards. Talk to an expert lawyer to learn more about the rules governing firearms in your area.
What Laws Apply to Open and Concealed carry?
It is known as open carry when you wear a gun rather than concealing it on your person. Though open carry is permitted-free in the majority of Nebraskan communities, it is not permitted everywhere. To openly carry a concealable firearm across Omaha, you need a concealed carry permit (CCW). This can be easily gotten from the Nebraska State Patrol.
It’s also important to remember that it’s illegal for people to carry concealed weapons if they have been convicted of felonies, drug offenses, or violent misdemeanors. Contravening the concealed carry laws is a Class I misdemeanor that carries a potential jail sentence, according to Nebraska Revised Statutes 28-1202.
What is a Class IIA Felony in Nebraska?
Manslaughter, second-degree assault, and breaking into an occupied building as significant felonies qualify as Class IIA crimes for each of these circumstances. A Class IIA felon may be addicted to drugs like meth or methamphetamine and might receive a term of up to two years and ten months in prison. The Class II level of crime includes offenses including fraud, first-degree robbery, human trafficking, and sexual assault. The maximum penalty for a Class IIA felony in Nebraska is 20 years imprisonment.
Can a Felon Own a firearm in Omaha, Nebraska?
Prosecutors frequently work to either confiscate the guns used in the crime or forbid the offender from ever owning a gun again. Suppose a person is convicted of a gun crime in Omaha. In that case, they could also face civil consequences, including losing their access to firearms or the ability to get a concealed carry permit. For some people, these limitations are more significant than the actual consequences. For instance, if a person authorized to carry a concealed weapon in Omaha is charged with a misdemeanor gun ordinance violation, they would be more anxious about losing their authorization to have a hidden gun than they would be about the $300 fine.
According to these laws, someone may potentially lose their employment. A police officer who illegally owns a gun will eventually lose their job. A service member may be discharged under dishonorable conditions for having a gun illegally.
Can Firearm Rights be Restored Following a Felony Conviction?
After being convicted of a felony, the only option to get your gun privileges back is to get the governor to pardon you. However, not all pardons result in the restoration of these rights. According to state law, regaining access to firearms is only permitted with the Board of Pardons’ approval. The pardon alone won’t give you the right to get a gun back if the Board hasn’t explicitly given you the go-ahead. You can reinstate your Second Amendment rights with the help of an experienced firearms attorney.
How Long may a Convicted Felon Serve in Nebraska for Possessing a Firearm?
The consequences of crimes involving firearms depend on several factors. Generally, if a person is of good reputation and made an honest error, the punishments will be less severe. The maximum sentence for firing a gun without authorization in Omaha is one year in jail and a misdemeanor charge. The consequences of firing a firearm in an area that has been declared a gun-free zone could be more severe. For instance, in addition to the misdemeanor penalties, someone caught carrying a gun where firearms are prohibited may also face felony charges. They may face charges for assault and possession if they murder or gravely hurt someone.
A skilled and experienced Omaha criminal defense attorney can help build a defense for your Omaha gun law penalty, whether you need help establishing your innocence, meeting procedural requirements, or comprehending the effects, a conviction might have on your rights and career. Due to the convoluted legal system, your prospects of success are significantly reduced if you attempt to do this on your own.
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