Omaha Weapons & Firearms Charges Lawyer
If you’re facing weapons or firearms charges in Omaha don’t assume the state’s case is airtight, or that a gun charge is “straightforward.” Firearms cases are some of the most aggressively prosecuted offenses in Omaha, Douglas County, and across Nebraska because they often come with enhancements, mandatory minimums, and long-term consequences that can follow you for life. A conviction can jeopardize your freedom and permanently impact your rights, including your ability to legally possess firearms in the future.
At Miltenberger Law Offices, we defend clients charged with gun crimes, weapons offenses, unlawful possession, and firearm-related felonies and misdemeanors in Omaha and across Nebraska. Our approach is simple: we move fast, we pressure the evidence, and we challenge the legality of the stop, search, and seizure—because many weapons cases rise and fall on constitutional procedure. If law enforcement cut corners, misapplied the law, or violated your rights, we will find it and fight to suppress the evidence or dismiss the charge.
Nebraska Gun Laws Are Complex — And Police Don’t Always Get It Right
Yes, the Second Amendment protects the right to keep and bear arms, but that right exists within a maze of Nebraska statutes, federal restrictions, permit rules, prohibited-person classifications, and location-based firearm regulations. The reality is that good people get arrested for gun charges in Omaha all the time, often because of confusion about carry rules, misunderstandings during traffic stops, or officers making assumptions about legality. You need our weapons and firearms defense team fighting for you in Omaha.
And here’s what most people don’t realize:
Even if law enforcement finds a firearm, they still have to prove:
- The stop was lawful
- The search was legal
- The seizure was justified
- The state can prove every required element of the offense beyond a reasonable doubt
That’s where an experienced Omaha gun charges attorney makes all the difference.
Common Weapons & Firearms Charges We Defend in Omaha
Weapons charges in the Omaha area can range from misdemeanors to serious felonies. At Miltenberger Law Offices, we represent clients in cases involving:
Unlawful Carrying / Concealed Weapon Allegations (Nebraska Revised Statute § 28-1204)
A traffic stop or police encounter can quickly turn into a concealed weapon accusation. We analyze whether the officer had a lawful reason to search, whether the weapon was truly concealed under the statute, and whether any permit or exemption applies.
Possession of a Firearm by a Prohibited Person (Neb. Rev. Stat. § 28-1206)
These weapons cases in the Omaha area are prosecuted aggressively and often hinge on prior convictions, protective orders, or allegations that you were legally prohibited from possessing a gun. We challenge whether the state’s prohibited-person claim is legally valid and whether possession can actually be proven.
Firearms in Restricted Locations (Neb. Rev. Stat. § 28-1335)
Location-based gun charges in and around Omaha are serious and often misunderstood. We evaluate whether the location qualifies under the law, whether the defendant falls under an exception, and whether the state can prove knowing possession in the prohibited area.
Prohibited Weapons Transportation Allegations (Neb. Rev. Stat. § 28-1203)
The transport of certain firearms and weapon configurations can trigger serious charges. These cases often involve technical definitions and require a detailed legal and factual defense strategy.
Gun Charges Tied to Other Allegations (Neb. Rev. Stat. § 28-1205)
Weapons charges are often added to Omaha cases involving drugs, DUI, domestic situations, disputes, or assaults. Prosecutors use these charges to increase pressure. Our goal is to separate the facts, challenge the add-on counts, and prevent firearm allegations from being used as leverage against you.
Weapons Charges Connected to Traffic Stops
Many Omaha gun arrests begin with a stop that possibly should never have happened, or a stop that was improperly prolonged until police found a reason to search. We scrutinize the timeline, the report, and any bodycam/dashcam footage to identify Fourth Amendment violations.
How Miltenberger Law Offices Fights Omaha Weapons Charges (Our Defense Playbook)
Weapons and firearms cases are frequently won through early investigation and strong motions practice, especially when police overstep. When you hire our Omaha gun charges defense team, we focus on:
1. Challenging the Stop and Detention
If the stop was unlawful or prolonged without legal justification, the evidence that follows may be thrown out.
2. Attacking the Search and Seizure
We examine whether police had:
- Probable cause
- A valid warrant
- Lawful consent
- A legitimate exception to the warrant requirement
If not, we fight to suppress the firearm as evidence.
3. Disputing “Possession”
The state must prove actual or constructive possession. If a weapon was found in a vehicle, shared space, or property accessible to multiple people, the case may be far less clear than prosecutors claim.
4. Identifying Exemptions and Legal Defenses
Firearms cases often involve exceptions, lawful ownership, permitted carry, or factual circumstances that undermine the state’s narrative. We build a defense around what’s true—not what the report assumes.
5. Negotiation Backed by Trial Readiness
Our Omaha weapons and firearms defense lawyers negotiate from strength, because we prepare every case as if it’s going to trial. Prosecutors offer better outcomes when they know your defense is real.
The Real Stakes: What an Omaha Gun Conviction Can Cost You
Weapons charges don’t just risk jail or prison. A conviction in Omaha or anywhere else in Nebraska can also mean:
- Loss of gun rights
- Probation with strict terms
- Employment consequences
- Housing and background-check problems
- Immigration consequences (for non-citizens)
- Higher penalties if you’re ever charged again
If your future matters (and it does), you need to treat this as the serious legal fight it is.
Talk to an Omaha Weapons & Firearms Defense Lawyer at Miltenberger Law Offices Today
If you were arrested for a gun or weapons offense in Omaha, do not try to “explain your way out” to police or wait to see what happens. Early defense is how cases get dismissed, reduced, or controlled before they spiral.
Call Miltenberger Law Offices at (402) 217-2267 or contact us online to schedule a free, confidential consultation. We’ll evaluate the stop, the search, the evidence, and the charge—and give you a clear, strategic plan to fight back.
