What Constitutes a Defaced Firearm in Nebraska?

Under Nebraska Revised Statute 28-1207, a defaced firearm is defined as any firearm whose manufacturer’s serial number or any other distinguishing number or identification mark has been removed, altered, or obliterated. The intent behind defacing a firearm is often associated with concealing its origin or identity, which is why the law is so prohibitive against this action.

 Legal Consequences of Possession

The possession of a defaced firearm in Nebraska is a serious offense. If you are found with a firearm that has had its identifying marks tampered with, you could be charged with a Class I misdemeanor. This charge carries potential penalties including a fine of up to $1,000, up to one year in jail, or both. Additionally, the presence of a defaced firearm in the commission of another crime can lead to enhanced penalties or charges. It’s worth noting that the mere possession of a defaced firearm can sometimes lead to suspicions or allegations of other criminal activities, given the implication that the firearm’s markings were altered to hide its origin or involvement in criminal conduct.

Legal Defenses

Several defenses can be employed when someone is charged with possession of a defaced firearm. These may include:

• Lack of Knowledge: The defendant was not aware that the firearm was defaced.
• Mistake of Fact: The defacement occurred without the defendant’s knowledge or consent, possibly before the defendant acquired the firearm.
• Unlawful Search and Seizure: Evidence may be inadmissible if it was obtained through a violation of the defendant’s Fourth Amendment rights.

A strong legal defense requires a comprehensive understanding of the law and the nuances of the judicial system. It’s important for anyone facing such charges to seek competent legal counsel.

Why You Need a Gun Crimes Attorney

If you or someone you know is facing charges for the possession of a defaced firearm in Nebraska, it is crucial to have an experienced defense attorney on your side. Navigating the complexities of firearm laws and developing a robust defense strategy is not a task for the uninitiated. Timothy Anderson, an Omaha gun crimes attorney, is equipped to handle such cases with precision and dedication. Understanding the gravity of the situation, Timothy Anderson is prepared to scrutinize every detail of the case, from the circumstances of the firearm’s discovery to the conditions of its possession, to ensure that your rights are fully protected.

Contact Timothy Anderson for Your Defense

Don’t let charges of possession of a defaced firearm in Nebraska determine your future without a fight. Protect your rights and reach out to Timothy Anderson for a consultation. With in-depth knowledge of Nebraska gun laws and a commitment to his clients, Timothy Anderson will tirelessly work to secure the best possible outcome for your case. Call today at (531) 218-8010 to schedule a consultation and discuss your legal options. The sooner you act, the more time there is to build a solid defense strategy.