Miltenberger Law Offices

Every person in this country of legal age has the right to bear arms. The founding fathers ensured that no one would be denied the ability to own and use guns. However, there are many laws restricting the use of firearms with intent to protect those that might be harmed. If you have been charged with a firearms criminal charge recently, you do have the right to request a lawyer to defend you.

Not Knowing the Law Doesn’t Prevent You from Being Convicted

It’s unfortunate that most people can’t, don’t, and never will study any branch of law. That said, you probably don’t have any idea what your criminal charges mean or why you were arrested. Sadder still, courts and judges do not recognize that you didn’t know you shouldn’t be doing what you were charged with. Ignorance of the law is never a good excuse in any legal case. Without proper legal counsel, you could spend time in jail or have your ability to own and use guns revoked. 

To protect your rights under the Constitution, a lawyer can defend your case and potentially get the charges dismissed or the sentence reduced.

Conceal and Carry Mistakes

It is now legal to conceal and carry a firearm in Nebraska without a conceal and carry license and permit; however, that does not mean that there are not rules and regulations that must be followed when doing so. First, you have a duty to disclose the presence of a concealed weapon upon immediate contact with law enforcement. Any delay in this disclosure could result in an arrest for failing to disclose the presence of a concealed weapon. The best practice is to tell the officer that you have a concealed weapon as soon as they begin speaking with you. Additionally, many municipalities have enacted their own laws and restrictions on where you can carry a weapon. Again, ignorance is not a defense. You as a citizen are tasked with knowing the laws, and saying “well, I didn’t know” will not suffice. 

Are you Prohibited by Law from Owning or Possessing a Firearm?

If you are a convicted Felon or have been convicted of a crime involving Domestic Violence in the last seven years, you are not allowed to own or possess a firearm for any purpose. This doesn’t mean you can have a gun at home for protection, it doesn’t mean that your significant other can keep a gun on their side of the bed, and it doesn’t meant you can keep your grandpa’s shotgun as a family heirloom. The law is simple and clear, if you have a gun and are a prohibited person, you are exposing yourself to arrest and imprisonment. 

Prosecutor’s in Nebraska take gun crimes seriously. If you have been charged with any crime involving the use or possession of a gun, know your rights and contact a lawyer immediately.