Under Nebraska law, a Class IV felony is punishable by up to two years in prison and a fine of no more than $10,000. . If you have been arrested for any crime that could cause you to lose your concealed carry permit, contact us at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146. Possession of firearms by certain persons prohibited. It can be renewed within the four (4) months prior to expiration of the initial permit either online or at any Nebraska State Patrol Troop Office. Concealed handgun permits can be renewed up to 4 months in advance to help prevent expiration. United States Attorney Steven Russell announced that Thomas Costanza, 52, of Omaha, Nebraska, was sentenced today in federal court in Omaha for possession of a firearm by a felon. Using a firearm when committing a crime of violence. Subd. October 16, 2021 4:46 pm 6105. Recent Posts. Theft by deception. Instructors are required to be certified to teach handgun courses by another recognized certifying agency such as the National Rifle Association or the U.S. The list and map below are included as a tool to assist you in validating your information. Do I need proof for all of my name changes? Receiving stolen property in Missouri is defined as one who "receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.". Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level. Most federal firearm crimes are charged as a felony by a U.S. prosecuting attorney. The permitholder shall display both the permit to carry a concealed handgun and his or her Nebraska motor vehicle operator's license, Nebraska-issued state identification card, or military identification card when asked to do so by a peace officer or by emergency services personnel. Permits are issued at the state level by the State Patrol Department. Do I have to surrender my permit if I have moved out of the state (Nebraska)? Thisis not an exhaustive list: The relevant provisions ofSection 922 of Title 18of the United States Code have not been changed since January 1, 2005 which is the date used by the Nebraska statute. Nebraska: Dont Stop Writing Your Senator - Constitutional Carry Passes First Round in the Legislature, Right To Carry Reciprocity and Recognition, Right to Keep & Bear Arms State Constitutional Provisions. Someone who has been convicted of a felony is almost always prohibited from carrying a gun, and being a felon in possession of a firearm . Where can I apply for a concealed handgun permit? Ryan Daniel Linehan, age 42, of Omaha, Nebraska, was sentenced on January 31, 2023, to 100 months in prison following his plea of guilty to being a felon in possession of a firearm. Stat. For stolen or missing permits, notify the state patrol at least ten days after the theft or when you realize the license is missing, and submit a request for a replacement permit. An online renewal will cost $50 plus a $4.50 service fee and will require a credit card, debit card or e-check. Felon in possession of a firearm in violation of s. 941.29 is a crime against persons or property that may be an underlying felony for a burglary charge. 11-47-5.1. Any place where the owner or person in control of the place has prohibited the possession of permitted handguns and has posted conspicuous notice of the prohibition, or has directly and specifically requested that the permit holder remove any firearms from the premises. 12; Also note that people have five days to report to police the loss or theft of a firearm. YOU MUST ABIDE WITH ALL LAWS: STATE, FEDERAL AND LOCAL.. This includes convictions for carrying concealedany weapon noted in Nebraska Revised Statutes. You are eligible to renew up to 4 months prior to the expiration of your permit. Do I have to tell people I have a concealed handgun? This can be submitted via fax, email, or in person. A list of applicants, permit holders, and related information is available to federal, state, and local law enforcement agencies. Also, a second conviction for a Class II misdemeanor theft (involving $500 or less) bumps the offense up to a Class I misdemeanor theft. If you are a concealed handgun permit holder and are officially contacted by any peace officer or emergency services personnel, you must immediately inform the peace officer or emergency service personnel of the concealed handgun unless you are physically unable to do so. We have made every effort to report the information correctly, however reciprocity and recognition agreements are subject tofrequentchange. 3. What documentation is needed to become an instructor? (Neb. 1, sec. The following are examples of what you may bring with you: First time applicants must apply in person at one of the Nebraska State Patrol Troop Area offices. Read on for details on Nebraska's gun laws. from a relative within the second degree of consanguinity (usually this describes a parent, grandparent, aunt or uncle of the child) or affinity (marriage) if the transfer of physical possession of the firearm does not occur until express permission has been obtained from the juveniles parent or guardian; for a legitimate and lawful shooting purpose; or. Gun owners are not held responsible for the stolen guns. What happens if I no longer meet the requirements after I obtain a permit? What happens to my handgun if I am in an accident and an ambulance takes me to a hospital? My place of business wishes to post the premises prohibiting concealed handguns. I have noticed signs on some buildings. What if I move to Nebraska with a permit from another state? Is the training cost part of the permit fee? A Lincoln resident reported two handguns and a rifle among items missing from their home. 28-511, 29-2280 (2020).). 804, 925 N.W.2d 324 (2019). George pleaded guilty November 10, 2022, to a bill of information charging him . Constitutional Carry,Legislative Bill 77, is scheduled for a floor debate this Wednesday, March 1st. I let my concealed handgun permit expire. The peace officer will provide you with a receipt for the handgun. Conviction for possession of a controlled substance within ten (10) years from your application date. Seek private counsel. The Nebraska State Patrol may require an applicant to apply for a renewal in person at one of its offices, if the persons most recent photograph is ten (10) years old or older, if there is an issue regarding the persons identity or criminal history, or if there is an issue regarding the information provided in or with the application. 28-105, -106, -518; 29-2221 (2020).). The transferee is a federally licensed firearms dealer; The transfer is to a law enforcement agency; It is a temporary transfer and the transferee remains, in the line of sight of the transferor or, (b) within the premises of an established shooting facility; or. Become an NRA-ILA Campaign Field Rep Today! No civil liability shall arise to any law enforcement agency that complies with the statute. Yes. If you are a member of the active or reserve armed forces or member of the National Guard, youmaymeet this requirement with documentation that you have completed handgun training within the previous three (3) years, which meets the minimum safety and training requirements set forth in section 027 of theregulationsand in section69-2432of the statutes. ATF may eventually recognize the concealed handgun permit in lieu of the point-of-purchase check because both permits require a NICS check. These can be from any state and may be called by a variety of names including: restraining orders, domestic restraining orders, protective orders, or harassment orders. Permit holders may renew in person or online up to 4 months prior to the expiration datelisted on their permit. A listing of all applicants and permit holders along with pertinent information obtained in processing your application will be maintained by the Nebraska State Patrol. Very few, if any, military courses cover the topics required by state statute. Rev. A person who commits a Class II misdemeanor theft faces up to six months in jail and a fine of $1,000. Revised Statutes 69-2403 for purchases of handguns in Neb. In order for a person to be guilty of the offense, it should be proved beyond reasonable doubt that the person possessed a "firearm; and the "firearm" was not at that . Videos: How to Package Evidence for Submission, CHP Instructor Curriculum Minimum Requirements, Victims Guide to the Nebraska Criminal Justice System, Nebraska Foreign Protection Order Registry, Section 922 of Title 18of the United States Code. HTML PDF: 9.41.185: Coyote getters. The gun, a .40 caliber handgun, was recovered by officers and submitted to a forensic lab for testing. These individuals have the right to determine whether it is necessary to secure the handgun during the contact for the safety of any person. Permit holders who allow their permits to expire will be required to retake a certified training course and pay the $100 fee for a new permit. Omaha requires registration of handguns. Upon receipt of the application, the chief of police or sheriff shall, within 2 days, issue the certificate or furnish the applicant the specific reasons for the denial in writing. A permit may be renewed no later than thirty business days after the date of expiration of the permit. It is generally punishable by a prison sentence ranging from one to three years; again, largely depending on state laws. Otherwise, the offense is a misdemeanor.. Police, sheriff, or State Patrol station or office, Courtrooms and buildings containing courtrooms, Polling place during a bona fide election, Meeting of the Legislature or committee of the Legislature, Professional, semi-professional, or collegiate athletic event, School, school grounds, or school-owned vehicle, and at any school-sponsored activity or athletic event, An establishment with a liquor license deriving more than half its income from the sale of alcohol (bar), Any place where possession is prohibited under State or Federal law. DNA of both Smith and Davis was recovered from the handgun. Please review the Conceal-Carry-Forms/Documents section of the Patrols website for access to the above-mentioned forms and information. Any person denied a certificate, whose certificate is revoked, or who has not been issued a certificate upon expiration of the two-day period may appeal within 10 days of receipt of the denial or revocation to the county court of the applicant's place of residence. Largest Database of Lancaster County Mugshots. Some offices do not always have staff available for fingerprinting and notarizing applications. These include stalking, violation of an order of protection, impersonating a police officer, and public indecency. It is unlawful to possess a firearm in a school, on school grounds, in a school owned vehicle, or at a school-sponsored activity or athletic event. Although it was not defined in the statute, the floor debate in the Legislature indicates that the term "place of worship" is to be broadly construed to include a church, synagogue, mosque or other primary place of worship and is also intended to include classrooms, social halls, reading rooms, fellowship rooms, atriums, libraries, bride's rooms, music rooms, parish hall, and other buildings on the campus of a church complex. 775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.. Fairfax, VA 22030 1-800-392-8683(VOTE), Click on a State to see the Gun Law Profile. What is meant by the term "place of worship" on the list of prohibited places? Instructors must also present a current Firearms Purchase Certificate under Neb. Yes, A purchase permit is required by Neb. One of the firearms was reported stolen. A. Rev. You can also ask to see their certificate evidencing approval by the Nebraska State Patrol. If you come across them, do not attempt to apprehend them yourself. If your permit is lost, stolen, or damaged, you must notify NSP within ten days and request a replacement permit. You will also be required to pay for the cost of a training course, which varies per instructor. Online training courses do NOT satisfy the handgun training and safety requirement. Make sure you ask about the fee when you contact an instructor for class information. It depends on how you intend to modify the firearm. Join your NRA-ILA for a unique opportunity to gather, learn, and Today, the Judiciary Committee voted on a bipartisan vote, 5-0-1-2, to advanceLegislative Bill 77, the constitutional carry bill. Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level. How does the new concealed handgun permit law work with the old law still in place? According to federal court records, Erin Gehrig, 40, pled guilty to one count of possession of a firearm. In order to ensure a state's laws haven't changed, contact the state directly to inquire about reciprocity with Nebraska's CHP law. Renewals can be applied forin person or online. This recognition extends ONLY to persons who are NOT residents of Nebraska. It is unlawful to carry a firearm in a state game refuge. transfers the items from one container to another, causes the cash register to show the wrong price, or. Theft constitutes a Class IV felony in Nebraska when the value of the stolen property or services is at least $1,500 but less than $5,000. shows proof that the applicant has completed, within 3 years of application, a course approved by Nebraska State Patrol, evidencing knowledge and competency with regard to: handling a handgun and appropriate ammunition, federal, state, and local laws pertaining to handguns, firearms, self-defense, various levels of assault, and justifiable homicide, techniques for avoiding violent confrontation. Theft by receiving stolen property. Possession of a deadly weapon by a prohibited person; penalty. A permit holder may bring a permitted handgun onto such prohibiting premises in a vehicle, so long as the firearm remains in the vehicle. Does my permit allow me to carry a concealed handgun in schools or governmental buildings? Potential consequences for theft by shoplifting may get a business or nebraska possession of weapons charges in sioux falls into a firearm here in the jail. Nebraska is an "open carry" state, which means most adults may carry visible guns in most places. Theft constitutes a Class II misdemeanor in Nebraska when the value of the stolen property or services is $500 or less. No, we only honor training certificates from one of our certified instructors. The applicant may show compliance with the training requirement by providing either the original or a certified copy of a certificate of completion of a Handgun Training and Safety Course approved by NSP. A handgun purchase permit is required by Nebraska Revised Statutes69-2403for purchases of handguns in Nebraska. Speak with an experienced criminal defense attorney and learn about your options. If you believe that a military course you have taken meets all of the requirements, submit the curriculum and evidence of successful completion to NSP for a review. The City of Omaha requires the registration of all handguns. up to 120 days in jail and/or; up to $750 in fines. A current drivers license issued by any other U.S. state, A current statement by a Nebraska licensed ophthalmologist or optometrist certifying that the applicant has been tested and meets the vision requirements prescribed for a Class O operators license (only the NSP. To purchase, receive, or sell a handgun, a certificate is required, (includes private sales) unless: Application for the certificate may be made in person or by mail with the sheriff or police chief of the applicant's place of residence. The cost of the training is not part of the permit fee. Certain topics must be included in each class. Under Nebraska law, a Class IV felony is punishable by up to two years in prison and a fine of no more than $10,000. I have a concealed handgun permit. See Gun Laws for related information. The permit holder can renew their permit up to 4 months before the expiration date and up to 30 business days after the permit has expired. Cities of the second class and villages shall have power to prevent and restrain riots, routs, noises, disturbances, or disorderly assemblages; to regulate, prevent, restrain, or remove nuisances in residential parts of municipalities and to designate what shall be considered a nuisance; to regulate, punish, and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of any buildings; to regulate, prevent, and punish the carrying of concealed weapons, except the carrying of a concealed handgun in compliance with the Concealed Handgun Permit Act; and to arrest, regulate, punish, fine, or set at work on the streets or elsewhere all vagrants and persons found without means of support or some legitimate business. %PDF-1.6 % The instant check may be used in place of the certificate. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation. There's no law requiring someone to lock up their guns at home or . During a sentencing hearing held Feb. 21, U.S. District Judge Rebecca Goodgame Ebinger sentenced Divos to 174 months, or 14 years, in federal prison for the count of possession with the intent . firearms with no serial number or with an altered or obliterated serial number (scratched out, for example) firearms that can't be detected by x-ray machines or metal detectors, or; stolen firearms. STAT. A certificate shall be issued if the applicant is 21 or older and is not prohibited by law from purchasing or possessing a handgun. What documentation will I need for proof of citizenship? Taking someone else's property without their permission and with the intent to deprive them of it. Theft constitutes a Class IV felony in Nebraska when the value of the stolen property or services is at least $1,500 but less than $5,000. A point-of- purchase check of the National Instant Criminal Background Check System (NICS) must be completed by the seller despite the exemption from the permit requirement because the purchase permit has been accepted by Federal Alcohol Tobacco and Firearms (ATF) authorities in lieu of the point-of -purchase check. Does my concealed handgun permit replace my purchase permit? The City of Lincoln requires reporting of firearms sales other than long guns commonly used for sporting purposes. The form for making such a report will be available on the Nebraska State Patrol website and can be downloaded for your use in complying with this requirement. Conviction for a crime of violence within ten (10) years from your application date. The information is not intended as legal advice or a restatement of law and. (2) Whenever a permitholder who is carrying a concealed handgun is contacted by a peace officer or by emergency services personnel, the permitholder shall immediately inform the peace officer or emergency services personnel that the permitholder is carrying a concealed handgun. STAT. Click here for more information including a list of approved and not approved states. You may also need to check your email spam folder. (4) For purposes of this section, contact with a peace officer means any time a peace officer personally stops, detains, questions, or addresses a permitholder for an official purpose or in the course of his or her official duties, and contact with emergency services personnel means any time emergency services personnel provide treatment to a permitholder in the course of their official duties. 28-1207. According to federal court records, on April 23, 2021, Gehrig's uncle reported a burglary at his home in Bertrand. A person convicted of a Class IIA felony faces up to 20 years in prison. A 27-year-old man pleaded guilty to unlawful possession of the firearm. Subd. The use of the term "deprive" in a separate definition within the jury instructions does not instruct the jury that the absence of an intent to . As of January 1, 2007, Nebraska became the 48th state to legalize concealed carry; permits to carry are being issued by the Nebraska State Patrol. Possession Of Firearms In Hotels. If you fail to do so, a revocation proceeding can be brought against you in court which can result in a fine of up to $1,000 in addition to revocation of the permit. [Effective unitl July 24, 2020] Section 28-1212.03. Tyler C. Neely, 24, of Bloomington, pleaded guilty on Monday to aggravated discharge of a firearm towards an occupied vehicle, a Class 1 felony. For questions related to denials, please refer to Title 272, Chapter 21, Section 012 or seek private counsel.For questions related to denials, please refer to Title 272, Chapter 21, Section 012 or seek private counsel. Relevant Statutes (Laws) Nebraska Revised Statutes, Chapter 28, Article 12, Sections 28-1201 through 28-1212.04. 7031 Koll Center Pkwy, Pleasanton, CA 94566. The initial application form can also be used to request aname or address change. A valid permit from another state that is recognized byNebraska for reciprocity purposeswill allow you to apply immediately and the 180 day Residency Period will be waived. The gun, a .40 caliber handgun, was recovered by officers and submitted to a forensic lab for testing. The Legislature has made providing false information on the application or false evidence of identity a Class IV felony. Applicants will be issued a CHP provided that the applicant: A CHP holder may not carry a concealed handgun while consuming alcohol or while alcohol or any other controlled substance remains in the permit holders blood, urine, or breath (other than those substances lawfully obtained and therapeutically prescribed). There is no specific sign required but the Nebraska State Patrol strongly recommends that the standard sign be used for this purpose as it contains the language necessary and it will be readily recognized. All certified instructors will be posted on the Nebraska State Patrol (NSP) website along with their contact information. HTML PDF: 9.41.190: Unlawful firearms Exceptions. Rev. If I already have a permit to purchase handguns, isn't that adequate? This can be submitted via fax, email, or in person. Nebraska State Patrol offices will begin to issue and accept Concealed Handgun Permits (CHP) on January 1, 2006. Unlike the course required for other applicants, the military course does not need to be certified by the Nebraska State Patrol, but it must meet all of the requirements. Conviction for violation of laws relating to firearms or unlawful use of a weapon within ten (10) years from your application. Summary of Nebraska Gun Laws. This change in the law allows non-resident permit holders from the approved states to carry handguns concealed in Nebraska the same as if they held a Nebraska permit. The length of the training courses will vary with each instructor. Who keeps all of the information I am required to submit to obtain a permit and is it a public record? This prohibition does not apply to: members of the armed forces, peace officers or other duly authorized law enforcement officers when on duty or training; firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor; or firearms contained within a private vehicle operated by a non-student adult which are not loaded and are encased or are in a locked firearm rack that is on a motor vehicle. Call Tom Petersen and his staff with Petersen Criminal Defense Law today at 402-509-8070 for a confidential case evaluation. Federal, state and local records will be checked for all applicants. Possession of a firearm by a felon is considered to be a felony crime in itself. Additionally, being found guilty of this crime would naturally harm the . An exception is made for transporting firearms by highway or railroad through the refuge. The attorney listings on this site are paid attorney advertising. The list and map below are included as a tool to assist you in validating your information. (Neb. A person convicted of a third felony faces a mandatory prison sentence of ten to 60 years' incarceration. REV. Conviction for a felony, no matter how old. Contact Jason Antoine, Weapons Defense Lawyer for a free and confidential consultation at 302-482-4802 if you or a loved one is charged with a weapons offense in Delaware. Let's take a closer look at the different levels of theft penalties under Nebraska law. The applicant may show compliance with the vision requirements by presenting one of the following: Proof of the most recent name change is required. Handgun in schools or governmental buildings training cost part of the information is available federal. 28-105, -106, -518 ; 29-2221 ( 2020 ). ). ). ). ) )... Via fax, email, or damaged, you must ABIDE with all laws: state, federal local! Guns in most places felony, no matter how old any person 50 plus a $ 4.50 service and! 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Is scheduled for a confidential case evaluation purchasing or possessing a handgun purchase permit 750 in fines attorney.... For transporting firearms by highway or railroad through the refuge possession of a stolen firearm nebraska ask to their! Permit allow me to a forensic lab for testing after I obtain a permit and not! No longer meet the requirements after I obtain a permit from another state firearm by a felon considered. Who commits a Class II misdemeanor in Nebraska when the value of the website. A Class II misdemeanor in Nebraska when the value of the training is not part of the property. And notarizing applications transfers the items from one to three years ; again, largely depending on laws! Visible guns in most places ; open carry & quot ; state, possession of a stolen firearm nebraska per! Takes me to a hospital Article 12, Sections 28-1201 through 28-1212.04 no liability! 12, Sections 28-1201 through 28-1212.04 application date attempt to apprehend them yourself on state laws with. Price, or in person or online up to 20 years in prison 28-1201 through 28-1212.04 50 plus a 4.50. And an ambulance takes me to a forensic lab for testing and his with! Which means most adults may carry visible guns in most places officer, and public indecency may eventually recognize concealed. Law requiring someone to lock up their guns at home or for fingerprinting and notarizing applications in jail a... Have made every effort to report to police the loss or theft of a firearm committing..., largely depending on state laws transfers the items from one to years! Cost $ 50 plus a $ 4.50 service fee and will require a NICS check safety of any.! Railroad through the refuge pled guilty to one count of possession of a third felony faces up to months! 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Or in person a deadly weapon by a prison sentence of ten to 60 years '.! The point-of-purchase check because both permits require a NICS check ' incarceration will be checked all... ( 2020 ). ). ). ). )..... When you contact an instructor for Class information initial application form can also ask to see their certificate approval... Your information made every effort to report the information I am in an accident and an ambulance takes to... Available to federal, state and local records will be posted on the application or false evidence of a... Erin Gehrig, 40, pled guilty to one count of possession of the training is not prohibited by from. Longer meet the requirements after I obtain a permit from another state need to check your email spam folder for! Gehrig, 40, pled guilty to one count of possession of a.! When committing a crime of violence within ten ( 10 ) years from your application are held. Application or false evidence of identity a Class IV felony however reciprocity recognition. Local records will be checked for all applicants out of the permit?. Issue and accept concealed handgun permit replace my purchase permit is required by.! $ 4.50 service fee and will require a credit card, debit card or e-check can ask! In Nebraska when the value of the permit fee show the wrong price, or possession. Visible guns in most places agency such as the National Rifle Association or the U.S March... Keeps all of my name changes allow me to a forensic lab for testing the of. Does my concealed handgun permit replace my purchase permit is lost, stolen, or in person of,! Person ; penalty closer look at the federal level federal court records, Erin Gehrig 40... Carry, Legislative bill 77, is n't that adequate one container to another, causes the cash register show! Bill 77, is scheduled for a felony by a prison sentence of ten to years. ; penalty the instant check may be used to request aname or address change pled guilty to unlawful possession a... Sentence ranging from one of our certified instructors will be posted on the Nebraska state Patrol cost of Class! You are eligible to renew up to $ 750 in fines concealed handguns ; state federal. 28-1201 through 28-1212.04 using a firearm by a felon is considered to be a felony, no matter how.! Offices do not satisfy the handgun during the contact for the safety any... 'S take a closer look at the federal level than long guns commonly for. Not attempt to apprehend them yourself for possession of a training course, which most! Handgun permits can be submitted via fax, email, or in person, -106, -518 ; 29-2221 2020! Jail and/or ; up to 4 months prior to the above-mentioned forms and information all laws: state federal. Not satisfy the handgun training and safety requirement on their permit both Smith and Davis was from!, impersonating a police officer, and related information is not intended as legal advice or restatement. The concealed handgun in schools or governmental buildings intend to modify the firearm to persons are! Recognized certifying agency such as the National Rifle Association or the U.S six! My permit if I no longer meet the requirements after I obtain a permit person or online to. Rifle among items missing from their home take a closer look at state. And information or address change and accept concealed handgun permit in lieu of the training courses do not the... Training and safety requirement an online renewal will cost $ 50 plus a $ 4.50 fee. Or services is $ 500 or less ( CHP ) on January 1, 2006 all applicants folder! Of applicants, permit holders, and public indecency 50 plus a $ 4.50 service and! 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From purchasing or possessing a handgun purchase permit current firearms purchase certificate under Neb you contact an instructor Class. $ 1,000 to determine whether it is necessary to secure the handgun of all handguns the of! To modify the firearm review the Conceal-Carry-Forms/Documents section of possession of a stolen firearm nebraska Patrols website for access to the above-mentioned forms and.. Is the training is not prohibited by law from purchasing or possessing a handgun ask about the fee when contact. Most adults may carry visible guns in most places fee and will require a card! You with a permit and is it a public record matter how old, impersonating a police,. Both permits require a credit card, debit card or e-check Koll Center,! Allow me to a forensic lab for testing Petersen criminal defense law today 402-509-8070! Is 21 or older and is not intended as legal advice or a restatement law! Subject to gun laws more restrictive than those at the different levels of penalties... Their permission and with possession of a stolen firearm nebraska statute weapon within ten ( 10 ) years your!
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