Soon, Nebraska will be the 26th state in the U.S. to allow the constitutional carry of a firearm. As a result, Nebraska law created a right to carry a concealed firearm without governmental interference.
The law removes previous conditions, such as obtaining a concealed carry permit and passing a firearms safety course. However, you should not assume that everyone can now have a gun. Therefore, you should consult a lawyer for guidance.
Who is prohibited from possessing a firearm in Nebraska?
Omaha criminal attorney Tom Petersen and his team at Petersen Criminal Defense Law are here to help protect your rights in state and federal court.
Our office has defended over 8,000 cases since 1995. You can trust us to make a difference if you or a loved one faces charges like possessing a firearm by a prohibited person.
Who Is Prohibited from Owning a Gun?
Federal law dictates who can lawfully purchase and possess a firearm. Under 18 USC 922(g), a prohibited person is someone who:
- Has a conviction for a crime punishable by more than one year of incarceration;
- Is a fugitive from justice;
- Is an unlawful user of or addicted to a controlled substance;
- Who has been adjudicated to have a mental defect or has been committed to a mental institution;
- Is in the U.S. unlawfully;
- Has received a dishonorable discharge from the U.S. Armed Forces;
- Has renounced their U.S. citizenship;
- Is the subject of a court order restraining the person from harassing, stalking, or threatening an intimate partner or child; or
- Has a conviction for a domestic violence crime.
Sometimes people refer to this law as unlawful possession of a firearm by a felon, but the law is much broader than that. And the penalties for unlawful possession of a firearm under federal law are steep.
You could be sentenced to up to 15 years for possessing a gun if you are prohibited by one of the above factors.
Not every person charged with unlawful possession of a firearm will face prosecution in federal court. Most people face prosecution at the local level.
Who Is Prohibited from Possessing a Firearm in Nebraska?
Nebraska law also specifies who cannot lawfully possess a firearm or other deadly weapon.
According to Nebraska Revised Statutes § 28-1206, anyone who meets one or more of the following criteria cannot legally possess a firearm in Nebraska:
- Has a felony conviction;
- Is a fugitive from justice;
- Is the subject of a current domestic violence protective order, harassment order, or sexual assault protection order and is knowingly violating the order;
- Is on probation after a deferred judgment on a felony charge; or
- Has a domestic violence misdemeanor conviction within the last seven years.
Your previous convictions count even if they come from another state.
Possession of a firearm by a prohibited person in Nebraska is a Class 1D felony for a first offense and a Class 1B felony for a subsequent offense.
A Class 1D felony conviction carries a mandatory minimum sentence of 3 years with a maximum of 50. A Class 1B felony carries a maximum of life imprisonment with a minimum of 20 years.
What Is Unlawful Possession of a Firearm?
You can lawfully possess a firearm in Nebraska if you meet the minimum age requirement and do not meet one of the listed prohibitory criteria. Otherwise, you cannot possess a firearm, even to defend yourself.
Also, please note that Nebraska law has no distinction between a firearm and an antique firearm, as in some other states.
Possession is different from ownership. Ownership means holding a “title,” like owning a piece of land or a car. Possession means having dominion over an object with the intent to exercise control over it.
Possession can be direct or constructive; it can be joint and non-exclusive. Possession can be temporary as well.
Direct possession means having something on your person, like holding your cell phone when you’re sending a text. Constructive possession means knowing where an object is while having the intent to control it.
For example, you have constructive possession of your cell phone if you are charging it in your car’s center console while driving.
You even have constructive possession of your phone if your buddy in the backseat answers it while it’s ringing or while it’s lying on your nightstand and you are in your living room.
Aggressive Defense for Firearms Charges
Petersen Criminal Defense Law has built its reputation on no-nonsense guidance to people facing criminal prosecution. Our motto is simple.
I don’t judge you, I don’t lecture you, I defend you. Call us today at 402-512-5957 for a free case evaluation.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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