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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114690
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a felon,in nebraska omaha.feloney is almost 20 years

Customer Question

I am a felon,in nebraska omaha.feloney is almost 20 years ago,can i own a black powder rifle,it says i can but i dont know who too beleive on line.could you help me with this matter?
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.



I am afraid that under Nebraska law, even though federal law does not consider black powder a firearm, the law is more strict. The NE court in 2014 was very clear when they said the following: NE Statute § 69–2403 nor any other Nebraska statute includes any language which specifically indicates that the Legislature intended any circumstances under which felons are allowed to purchase firearms or handguns.   Instead, the Nebraska  statutes clearly and specifically prohibit felons from possession of any type of firearm.   Section 28–1206(2)(b) provides that it is a Class ID felony for a person who has previously been convicted of a felony to possess a deadly weapon which is a firearm as a first offense.  Neb.Rev.Stat. § 28–1201(1) (Cum.Supp. 2012) defines a firearm as “any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon.” See: State v. John Tharpe (http://caselaw.findlaw.com/ne-court-of-appeals/1681645.html).

So under NE law a convicted felon cannot possess a black powder firearm according to the Nebraska courts.


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