A gun charge in Omaha can arrive in more forms than most people expect. A felon found with a firearm in a vehicle. A legally owned gun present during a drug arrest. A weapon used — or simply visible — during a confrontation.
Each of these scenarios triggers distinct criminal statutes, and each carries consequences that can be severe, consecutive, and in some cases, mandatory. For anyone facing a weapons charge in Nebraska, understanding what the prosecution is actually charging — and why — is the starting point for building a defense.
At Liberty Law Group, our gun crime lawyers represent Omaha defendants across the full range of firearm and weapons charges, from first-time possession cases to complex matters involving both state and federal charges running simultaneously. The earlier an Omaha Criminal Defense attorney is involved in a weapons case, the more options remain available.
What Omaha Law Says
- Nebraska’s firearm statutes create multiple distinct charges from a single incident — possession by a prohibited person, use of a firearm during a felony, and possession during a felony are each separate offenses with separate, consecutive sentences.
- Under Neb. Rev. Stat. § 28-1205, using a firearm to commit a felony is a Class IC felony, and the sentence runs consecutively — meaning it is stacked on top of the underlying felony sentence, not served at the same time.
- Federal law prohibits felons and other prohibited persons from possessing firearms and carries up to 10 years in federal prison, with a 15-year mandatory minimum under the Armed Career Criminal Act if three qualifying prior convictions exist.
- Constructive possession — the legal theory that you controlled a firearm even without physically holding it — is one of the most aggressively pursued theories in Omaha gun cases and one of the most defensible.
- An unlawful stop, search, or seizure by law enforcement is often the most powerful defense available, because evidence obtained unconstitutionally may be suppressed.
- State and federal prosecutors have overlapping jurisdiction in many Omaha gun cases, and the decision of which venue to pursue can significantly affect the potential sentence.
Nebraska Gun Laws: What Counts as a Weapons Charge
Nebraska’s firearm statutes cover a broad range of conduct. Possession, use, and carrying a gun in connection with other crimes are each addressed separately — and the penalties stack. A single incident in Omaha can result in multiple charges filed as independent offenses.
Who Is Prohibited from Possessing a Firearm in Nebraska
Nebraska Revised Statute § 28-1206
defines the offense of possession of a deadly weapon by a prohibited person. A person commits this offense by possessing a firearm, knife, or brass or iron knuckles if they have previously been convicted of a felony, are a fugitive from justice, are subject to a current protection order they are knowingly violating, are on probation under a deferred judgment for a felony, or have been convicted within the past seven years of a misdemeanor crime of domestic violence.
The felony conviction triggering this prohibition does not have to be a Nebraska conviction — any felony from any court in the United States applies. The prohibition also survives probation completion. Nebraska courts have held that release from probation and restoration of civil rights does not erase the prior felony for purposes of this statute.
A person who was convicted of a felony, completed their sentence, and believed their rights were restored may still be prohibited from possessing a firearm under Nebraska law.
Possession of a Firearm During the Commission of a Felony
Nebraska Revised Statute § 28-1205 addresses two distinct but related situations: using a firearm to commit a felony, and merely possessing one while committing a felony. These are not the same charge and do not carry the same penalty.
Possessing a firearm during the commission of a felony is a Class II felony, carrying a maximum of 50 years in prison. Using a firearm to commit a felony — which includes discharging it, displaying it, or even communicating to another that a firearm is present — is elevated to a Class IC felony, carrying a mandatory minimum of five years and a maximum of fifty.
Critically, Nebraska courts have held that these charges are separate and distinct from the underlying felony. Sentences imposed under § 28-1205 must run consecutively to any other sentence. A judge has no discretion to order them to run at the same time.
Firearms at Schools and Other Restricted Locations
Possessing a firearm on school grounds, in a school-owned vehicle, or at a school-sponsored event is a Class IV felony under Nebraska law, with limited exceptions for law enforcement and authorized personnel.
Nebraska law also addresses unlawful discharge of a firearm, possession of prohibited weapon types, and carrying a concealed weapon while under the influence of alcohol or drugs. Each adds a layer of potential liability in cases where multiple circumstances are present.
What Are the Penalties for Gun Charges in Omaha?
That question is not answerable with a single number — because the answer changes significantly depending on which statute applies, whether federal or state charges are filed, and what the defendant’s prior criminal history looks like.
Nebraska State Penalties by Charge
Under Nebraska’s felony classification system, the range of consequences for gun-related offenses is substantial. Possession of a deadly weapon by a prohibited person under § 28-1206 is a Class ID felony for a first offense, carrying a mandatory minimum of three years and a maximum of fifty.
A second offense escalates to a Class IB felony with a minimum of twenty years. Possession of a firearm during a felony under § 28-1205 is a Class II felony — up to fifty years. Using a firearm to commit a felony is a Class IC felony — mandatory five-year minimum, fifty-year maximum. These sentences, as discussed, are consecutive and mandatory. A defendant convicted of both an underlying felony and a § 28-1205 charge will serve both sentences back to back.
Federal Penalties Under 18 U.S.C. § 922(g)
Federal law prohibits felons and other enumerated prohibited persons from possessing firearms in or affecting interstate commerce. Because nearly every commercially manufactured firearm has crossed state lines at some point, the interstate commerce element is routinely satisfied.
If the Armed Career Criminal Act applies — meaning the defendant has three or more prior convictions for violent felonies or serious drug offenses — the sentence becomes a mandatory minimum of 15 years with no possibility of probation. The judge has no discretion below that floor. The prior convictions do not have to be recent.
A drug offense from years ago and prior burglary convictions may each qualify. The federal system’s use of prior history to dramatically increase exposure is one of the most significant risks for defendants with criminal records who are charged with any gun-related offense.
Guns and Drug Charges: When Two Cases Become One
One of the most common scenarios in Omaha gun prosecutions involves firearms discovered during drug investigations. A gun found in the same location as controlled substances adds charges — and potential sentences — that dramatically increase overall exposure.
Nebraska’s Overlap Between Drug and Weapons Charges
Under § 28-1205, possessing a firearm during the commission of any felony — including drug felonies — is a separate and distinct offense with a mandatory consecutive sentence. A defendant facing a drug distribution charge who also had a firearm present during the alleged conduct may face both the drug charge and a Class II felony weapons charge, with sentences that run back to back.
Nebraska courts have clarified that mere storage of a weapon at a location where drug activity occurs is not sufficient to support a conviction under the use prong of § 28-1205 — active employment is required. But constructive possession during the drug offense may be sufficient for the possession prong, which carries the same Class II felony classification.
Federal 924(c) Charges
At the federal level, 18 U.S.C. § 924(c) provides for additional mandatory consecutive sentences when a firearm is used or carried during and in relation to a drug trafficking crime. These additional sentences — which may be five years for a first offense and longer for subsequent offenses or the use of specific weapon types — run on top of any sentence for the underlying drug offense and any § 922(g) sentence. The accumulation of mandatory consecutive terms in a federal gun-and-drug case is one of the most serious sentencing environments in the federal system.
FAQ for Gun Crime Lawyer Omaha
Can I be charged with a gun crime even if the gun was not mine?
Yes. Ownership is not the legal standard. Possession — particularly constructive possession — does not require that the firearm be registered to you, purchased by you, or even that you intended to keep it. If the prosecution can establish that you knew the firearm was present and had the ability to control it, charges may follow. Challenging whether those elements are actually met by the evidence is a central defense strategy in many Omaha weapons cases.
What happens if I have a prior felony conviction from another state and was found with a gun in Nebraska?
Both Nebraska state law and federal law apply. Under § 28-1206, a prior felony conviction from any court in the United States triggers the prohibition. Under § 922(g), the same is true at the federal level.
The origin of the conviction does not limit which statutes apply in Nebraska. Whether the prior conviction legally qualifies as a predicate offense under either statute is something a defense attorney should evaluate carefully — not all convictions qualify, and the analysis matters significantly for federal ACCA exposure.
Does Nebraska have a permit requirement for carrying a firearm?
Nebraska eliminated its permit requirement for carrying concealed handguns, meaning eligible adults 21 and older may carry without a permit. However, people who are prohibited persons under § 28-1206 — including those with felony convictions, those subject to active protection orders, and those with qualifying domestic violence misdemeanor convictions — remain prohibited regardless of the elimination of the permit requirement. Carrying while under the influence of alcohol or drugs is also separately prohibited.
The removal of the permit requirement does not benefit prohibited persons and does not create any new defense for those who fall within a prohibited category.
If the police searched my car without permission and found a gun, can the evidence be thrown out?
Potentially. Whether a vehicle search was constitutional depends on whether officers had probable cause at the time of the search or whether you consented. If the stop that preceded the search lacked reasonable suspicion, if the search exceeded the scope of a lawful stop, or if no valid exception to the warrant requirement applied, a motion to suppress may result in the firearm evidence being excluded particularly in situations involving police encounters. Without that evidence, the prosecution’s case may be significantly weakened or unable to proceed.
Can I face both state and federal charges for the same gun?
Yes. The double jeopardy clause of the U.S. Constitution prohibits being prosecuted twice by the same sovereign for the same conduct. However, state and federal governments are separate sovereigns.
Being charged in Nebraska state court does not prevent federal prosecution for the same firearm, and vice versa. In practice, prosecutors in the Omaha area coordinate on which venue is more appropriate — but defendants with significant criminal histories may face pressure from both directions simultaneously.
When the Charge Arrives, Time Matters
Gun charges in Omaha move quickly. Evidence is collected, statements are taken, and charging decisions are made before many defendants have spoken with anyone other than law enforcement. The trajectory of a weapons case — whether it lands in state or federal court, whether additional charges are stacked, whether suppression is worth pursuing — is often shaped in the first days after an arrest.
If you or someone you know is facing a weapons charge in the Omaha area, contact Liberty Law Group.
Our gun crime lawyers in Omaha handle the full range of Nebraska and federal gun crimes, and we are ready to talk through your situation and what comes next.
