Nebraska Concealed Weapon Charges

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As of January 1, 2007, Nebraska became a “shall-issue” state allowing concealed weapon permits to be issued to qualified residents. Nebraska used to be only one of three states in the nation that banned concealed weapon permits altogether. This was a major change in state law when Gov. Heineman signed the Concealed Handgun Permit Act into law.

A concealed weapons permit will be issued within 2 weeks to individuals who meet the qualifications and can pass a criminal background check. Individuals must apply in person at the Nebraska State Police Office or at the Criminal Identification Division of the State Patrol. All applicants must complete an approved handgun safety course 3 years before applying for a permit.

Nebraska Concealed Weapon Laws

Anyone with a valid concealed weapon permit is prohibited from carrying a handgun in the following places:

  • An emergency room or trauma center of a hospital
  • Nebraska State Patrol office, police or sheriff’s station
  • Any jail, prison or detention facility
  • All courtrooms or any building that contains a courtroom
  • Polling place during an election
  • School grounds or where a school activity is taking place
  • Any financial institution
  • Any place where a government meeting is underway
  • Semi-professional, professional or collegiate event
  • All places of religious worship
  • Political fundraiser or rally
  • Any establishment that derives more than 50 percent of its income from the sale of alcoholic beverages
  • Any place where federal law prohibits weapons
  • Any property where the owner prohibits firearms

Valid permit holders are allowed to carry handguns in their vehicles.

Nebraska Concealed Weapon Violations

The Nebraska concealed weapon offenses are outlined below along with the corresponding penalties:

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Class III misdemeanor

Carrying a concealed handgun into prohibited area of a hospital

Up to 3 months in jail

Fine up to $500

 

Class I misdemeanor

Unlawfully carrying a concealed weapon

Carrying a concealed handgun into prohibited area of a hospital (second offense)

Up to 1 year in jail

Fine up to $1,000

 

Class IV felony

Unlawfully carrying a concealed weapon (second offense)

Up to 5 years in prison

Fine up to $10,000

Nebraska Plea Options

Depending upon the charges against you, the judge may or may not release you from custody. Never agree to talk with police without legal counsel being present. At the arraignment, you must enter a plea of guilty, not guilty or no contest. Entering a plea of not guilty will allow you time to meet with your lawyer and determine your options. By pleading guilty, defendants waive their right to a trial and will be sentenced by the judge. If the prosecutor offers a plea bargain, you should discuss this with an attorney before you make any decisions.

Getting Legal Help

The number of criminal cases often cause courts to be backlogged, and prosecutors may offer a plea arrangement if you plead guilty to a less severe crime. This saves the State of Nebraska from committing resources to lengthy criminal trials. When you hire a criminal defense lawyer who knows how to formulate a strong case, the prosecution may be willing to drop some of the charges against you.

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