Omaha, NE asked in Criminal Law and Federal Crimes for Nebraska

Q: I own guns and my husband just became a felon in Nebraska.

Do I have to get rid of them or can they be locked up in a safe and he cannot utilize them. I can’t seem to get a clear answer.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: I have seen charges for possession by a prohibited person filed against a person when the house they were staying in had locked-up guns in a floor of the home that the homeowner did not allow them access to, although technically they could have gone into that area of the home. They didn't even have keys to the gun safe that the guns were locked in. The charges were ultimately dismissed due to a persistent defense attorney but it wasn't until a looming trial date and after the client having spent some time in jail while waiting for trial and to bond out.

My point being is that these cases can be very fact-dependent and if it is arguably possession, you may have issues.

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